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S.123 1
Introduced by Committee on Transportation 2
Date: 3
Subject: Motor vehicles; Department of Motor Vehicles; plug-in electric 4
vehicles (PEVs); veterans; documentation of anatomical gift; 5
disability placards; registration certificates; fees; learner’s permits; 6
licensing examinations; commercial driving instructors; taxes; non-7
Real ID; operator’s licenses and privilege cards; nondriver 8
identification cards; odometer alteration; convictions; drunken 9
driving; bulk electronic record fees; truck registration fees; excessive 10
speed; tinted windows; number plates 11
Statement of purpose of bill as introduced: This bill proposes to make 12
miscellaneous changes to the laws related to motor vehicles. 13
An act relating to miscellaneous changes to laws related to motor vehicles 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
* * * Plug-in Electric Vehicles * * * 16
Sec. 1. 23 V.S.A. § 4(28) is amended to read: 17
(28) “Pleasure car” shall include all motor vehicles not otherwise 18
defined in this title and shall include plug-in electric vehicles, battery electric 19 BILL AS INTRODUCED S.123
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vehicles, or plug-in hybrid electric vehicles as defined pursuant to subdivision 1
(85) of this section. 2
* * * Veteran’s Designation * * * 3
Sec. 2. 23 V.S.A. § 7 is amended to read: 4
§ 7. ENHANCED DRIVER’S LICENSE; MAINTENANCE OF DATABASE 5
INFORMATION; FEE 6
* * * 7
(b)(1) In addition to any other requirement of law or rule, before an 8
enhanced license may be issued to an individual, the individual shall present 9
for inspection and copying satisfactory documentary evidence to determine 10
identity and U.S. citizenship. An A new application shall be accompanied by a 11
photo identity document, documentation showing the individual’s date and 12
place of birth, proof of the individual’s Social Security number, and 13
documentation showing the individual’s principal residence address. New and 14
renewal application forms shall include a space for the applicant to request that 15
a “veteran” designation be placed on the enhanced license. 16
(2) If a veteran, as defined in 38 U.S.C. § 101(2) and including an 17
individual disabled during active military, naval, air, or space service, as 18
defined in 38 U.S.C. § 101(24), requests a veteran designation and provides a 19
Department of Defense Form 214 or other proof of veteran status specified by 20
the Commissioner, and the Office of Veterans’ Affairs confirms the 21 BILL AS INTRODUCED S.123
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individual’s status as an honorably discharged veteran; a veteran discharged 1
under honorable conditions; or an individual disabled during active military, 2
naval, air, or space service, the identification card shall include the term 3
“veteran” on its face. 4
(3) To be issued, an enhanced license must meet the same requirements 5
as those for the issuance of a U.S. passport. Before an application may be 6
processed, the documents and information shall be verified as determined by 7
the Commissioner. 8
(4) Any additional personal identity information not currently required 9
by the U.S. Department of Homeland Security shall need the approval of either 10
the General Assembly or the Legislative Committee on Administrative Rules 11
prior to the implementation of the requirements. 12
* * * 13
* * * Documentation of Anatomical Gift * * * 14
Sec. 3. 23 V.S.A. § 115 is amended to read: 15
§ 115. NONDRIVER IDENTIFICATION CARDS 16
* * * 17
(g) An identification card issued to a first-time applicant and any 18
subsequent renewals by that person shall contain a photograph or imaged 19
likeness of the applicant. The photographic identification card shall be 20
available at a location designated by the Commissioner. An individual issued 21 BILL AS INTRODUCED S.123
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an identification card under this subsection that contains an imaged likeness 1
may renew his or her the individual’s identification card by mail. Except that a 2
renewal by an individual required to have a photograph or imaged likeness 3
under this subsection must be made in person so that an updated imaged 4
likeness of the individual is obtained not less often than once every nine years. 5
* * * 6
(k) At the option of the applicant, his or her the applicant’s valid Vermont 7
license may be surrendered in connection with an application for an 8
identification card. In those instances, the fee due under subsection (a) of this 9
section shall be reduced by: 10
* * * 11
(n) The Commissioner shall provide a form that, upon the individual’s 12
execution, shall serve as a document of an anatomical gift under 18 V.S.A. 13
chapter 110. An indicator shall be placed on the nondriver identification card 14
of any individual who has executed an anatomical gift form in accordance with 15
this section. 16
* * * Disability Placards for Volunteer Drivers * * * 17
Sec. 4. 23 V.S.A. § 304a is amended to read: 18
§ 304a. SPECIAL REGISTRATION PLATES AND PLACARDS FOR 19
INDIVIDUALS WITH DISABILITIES 20
(a) As used in this section: 21 BILL AS INTRODUCED S.123
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(1) “Ambulatory disability” means an impairment that prevents or 1
impedes walking. An individual shall be considered to have an ambulatory 2
disability if he or she the individual: 3
* * * 4
(F) is severely limited in his or her the individual’s ability to walk 5
due to an arthritic, neurological, or orthopedic condition. 6
* * * 7
(b) Special registration plates or removable windshield placards, or both, 8
shall be issued by the Commissioner. The placard shall be issued without a fee 9
to an individual who is blind or has an ambulatory disability. One set of plates 10
shall be issued without additional fees for a vehicle registered or leased to an 11
individual who is blind or has an ambulatory disability or to a parent or 12
guardian of an individual with a permanent disability. The Commissioner shall 13
issue these placards or plates under rules adopted by him or her the 14
Commissioner after proper application has been made to the Commissioner by 15
any person residing within the State. Application forms shall be available on 16
request at the Department of Motor Vehicles. 17
(1) Upon application for a special registration plate or removable 18
windshield placard, the Commissioner shall send a form prescribed by him or 19
her the Commissioner to the applicant to be signed and returned by a licensed 20
physician, licensed physician assistant, or licensed advanced practice 21 BILL AS INTRODUCED S.123
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registered nurse. The Commissioner shall file the form for future reference 1
and issue the placard or plate. A new application shall be submitted every four 2
years in the case of placards and at every third registration renewal for plates 3
but in no case greater than every four years. When a licensed physician, 4
licensed physician assistant, or licensed advanced practice registered nurse has 5
previously certified to the Commissioner that an applicant’s condition is both 6
permanent and stable, a special registration plate or placard need not be 7
renewed. 8
* * * 9
(3) An individual with a disability who abuses such privileges or allows 10
individuals not disabled to abuse the privileges provided in this section may 11
have this privilege revoked after suitable notice and opportunity for hearing 12
has been given him or her the individual by the Commissioner. Hearings 13
under the provisions of this section shall be held in accordance with sections 14
105–107 of this title and shall be subject to review by the Civil Division of the 15
Superior Court of the county where the individual with a disability resides. 16
(4) An applicant for a registration plate or placard for individuals with 17
disabilities may request the Civil Division of the Superior Court in the county 18
in which he or she the applicant resides to review a decision by the 19
Commissioner to deny his or her the applicant’s application for a special 20
registration plate or placard. 21 BILL AS INTRODUCED S.123
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* * * 1
(6) On a form prescribed by the Commissioner, a nonprofit organization 2
that provides volunteer drivers to transport individuals who have an 3
ambulatory disability or are blind may apply to the Commissioner for a 4
placard. Placards shall be marked “volunteer driver.” The organization shall 5
ensure proper use of placards and maintain an accurate and complete record of 6
the volunteer drivers to whom the placards are given by the organization. 7
Placards shall be returned to the organization when the volunteer driver is no 8
longer performing that service. Abuse of the privileges provided by the 9
placards may result in the privileges being revoked and the placards 10
repossessed by the Commissioner. Revocation may occur only after suitable 11
notice and opportunity for a hearing. Hearings shall be held in accordance 12
with sections 105–107 of this title. 13
* * * 14
(e)(1) An individual, other than an eligible person, who for his or her the 15
individual’s own purposes parks a vehicle in a space for individuals with 16
disabilities shall be subject to a civil penalty of not less than $200.00 for each 17
violation and shall be liable for towing charges. 18
(2) An individual, other than an eligible person, who displays a special 19
registration plate or removable windshield placard not issued to him or her the 20
individual under this section and parks a vehicle in a space for individuals with 21 BILL AS INTRODUCED S.123
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disabilities, shall be subject to a civil penalty of not less than $400.00 for each 1
violation and shall be liable for towing charges. 2
* * * 3
(f) Individuals who have a temporary ambulatory disability may apply for a 4
temporary removable windshield placard to the Commissioner on a form 5
prescribed by him or her the Commissioner. The placard shall be valid for a 6
period of up to six months and displayed as required under the provisions of 7
subsection (c) of this section. The application shall be signed by a licensed 8
physician, licensed physician assistant, or licensed advanced practice 9
registered nurse. The validation period of the temporary placard shall be 10
established on the basis of the written recommendation from a licensed 11
physician, licensed physician assistant, or licensed advanced practice 12
registered nurse. The Commissioner shall adopt rules to implement the 13
provisions of this subsection. 14
* * * Fees * * * 15
Sec. 5. 23 V.S.A. § 115(a) is amended to read: 16
(a)(1) Any Vermont resident may make application to the Commissioner 17
and be issued an identification card that is attested by the Commissioner as to 18
true name, correct age, residential address unless the listing of another address 19
is requested by the applicant or is otherwise authorized by law, and any other 20
identifying data as the Commissioner may require that shall include, in the case 21 BILL AS INTRODUCED S.123
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of minor applicants, the written consent of the applicant’s parent, guardian, or 1
other person standing in loco parentis. 2
(2) Every application for an identification card shall be signed by the 3
applicant and shall contain such evidence of age and identity as the 4
Commissioner may require, consistent with subsection (l) of this section. New 5
and renewal application forms shall include a space for the applicant to request 6
that a “veteran” designation be placed on the applicant’s identification card. If 7
a veteran, as defined in 38 U.S.C. § 101(2) and including an individual 8
disabled during active military, naval, air, or space service, as defined in 38 9
U.S.C. § 101(24), requests a veteran designation and provides a Department of 10
Defense Form 214 or other proof of veteran status specified by the 11
Commissioner, and the Office of Veterans’ Affairs confirms the veteran’s 12
status as an honorably discharged veteran; a veteran discharged under 13
honorable conditions; or an individual disabled during active military, naval, 14
air, or space service, the identification card shall include the term “veteran” on 15
its face. 16
(3) The Commissioner shall require payment of a fee of $29.00 at the 17
time application for an identification card is made, except that an initial 18
nondriver identification card shall be issued at no charge to: 19 BILL AS INTRODUCED S.123
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(A) an individual who surrenders the individual’s license in 1
connection with a suspension or revocation under subsection 636(b) of this title 2
due to a physical or mental condition; or 3
(B) an individual under 23 years of age who was in the care and 4
custody of the Commissioner for Children and Families pursuant to 33 V.S.A. 5
§ 4903(4) in Vermont after attaining 14 years of age. 6
Sec. 6. 23 V.S.A. § 376 is amended to read: 7
§ 376. STATE, MUNICIPAL, FIRE DEPARTMENT, AND RESCUE 8
ORGANIZATION MOTOR VEHICLES 9
* * * 10
(h)(1) The EV infrastructure fee, required pursuant subsections 361(b) and 11
(c) of this subchapter, shall not be charged for vehicles owned by the State. 12
(2) The EV infrastructure fee, required pursuant subsections 361(b) and 13
(c) of this subchapter, shall not be charged for vehicles that are owned by any 14
municipality in the State and used by that municipality or another municipality 15
in this State for municipal purposes. 16
(i)(1) The EV infrastructure fee, required pursuant subsections 361(b) and 17
(c) of this subchapter, shall not be charged for a motor truck, trailer, 18
ambulance, or other motor vehicle that is: 19 BILL AS INTRODUCED S.123
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(A) owned by a volunteer fire department or other volunteer 1
firefighting organization, an ambulance service, or an organization conducting 2
rescue operations; and 3
(B) used solely for firefighting, emergency medical, or rescue 4
purposes, or any combination of those activities. 5
(2) A motor vehicle or trailer subject to the provisions of this subsection 6
shall be plainly marked on both sides of the body or cab to indicate its 7
ownership. 8
Sec. 7. 23 V.S.A. § 378 is amended to read: 9
§ 378. VETERANS’ EXEMPTIONS 10
No fees, including the annual emissions fee required pursuant to 3 V.S.A. 11
§ 2822(m)(1) and the electric vehicle infrastructure fees required pursuant to 12
section 361 of this subchapter, shall be charged an honorably discharged to a 13
veteran of the U.S. Armed Forces who received a discharge under other than 14
dishonorable conditions and is a resident of the State of Vermont for the 15
registration of a motor vehicle that the veteran has acquired with financial 16
assistance from the U.S. Department of Veterans Affairs, or for the registration 17
of a motor vehicle owned by him or her the veteran during his or her the 18
veteran’s lifetime obtained as a replacement thereof, when his or her the 19
veteran’s application is accompanied by a copy of an approved VA Form 21-20 BILL AS INTRODUCED S.123
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4502 issued by the U.S. Department of Veterans Affairs certifying him or her 1
the veteran to be entitled to the financial assistance. 2
Sec. 8. 23 V.S.A. § 608 is amended to read: 3
§ 608. FEES 4
* * * 5
(b) Individuals receiving Supplemental Security Income or Social Security 6
Disability Income and individuals with a disability as defined in 9 V.S.A. 7
§ 4501 shall be provided with operator’s licenses or operator privilege cards 8
for the following fees: 9
(1) Original issuance: $20.00. 10
(2) Renewal every four years: $20.00. 11
(3) Replacement of lost, destroyed, or mutilated card or a new name is 12
required: $10.00. 13
(c) An additional fee of $4.00 per year shall be paid for a motorcycle 14
endorsement. The endorsement may be obtained for either a two-year or four-15
year period, to be coincidental with the length of the operator’s license. 16
(d)(1) Individuals under 23 years of age who were in the care and custody 17
of the Commissioner for Children and Families pursuant to 33 V.S.A. 18
§ 4903(4) in Vermont after attaining 14 years of age shall be provided with 19
operator’s licenses or operator privilege cards at no charge. 20 BILL AS INTRODUCED S.123
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(2) No additional fee shall be due for a motorcycle endorsement for an 1
individual under 23 years of age who was in the care and custody of the 2
Commissioner for Children and Families pursuant to 33 V.S.A. § 4903(4) in 3
Vermont after attaining 14 years of age. 4
* * * Learner’s Permits * * * 5
Sec. 9. 23 V.S.A. § 617 is amended to read: 6
§ 617. LEARNER’S PERMIT 7
* * * 8
(b)(1) Notwithstanding the provisions of subsection (a) of this section, any 9
licensed person may apply to the Commissioner of Motor Vehicles for a 10
learner’s permit for the operation of a motorcycle in the form prescribed by the 11
Commissioner. The Commissioner shall offer both a motorcycle learner’s 12
permit that authorizes the operation of three-wheeled motorcycles only and a 13
motorcycle learner’s permit that authorizes the operation of any motorcycle. 14
The Commissioner shall require payment of a fee of $24.00 at the time 15
application is made, except that no fee shall be charged for an individual under 16
23 years of age who was in the care and custody of the Commissioner for 17
Children and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after 18
attaining 14 years of age. 19
(2) After the applicant has successfully passed all parts of the applicable 20
motorcycle endorsement examination, other than a skill test, the Commissioner 21 BILL AS INTRODUCED S.123
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may issue to the applicant a learner’s permit that entitles the applicant, subject 1
to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, 2
or to operate any motorcycle, upon the public highways for a period of 120 3
days from the date of issuance. The fee for the examination shall be $11.00, 4
except that no fee shall be charged for an individual under 23 years of age who 5
was in the care and custody of the Commissioner for Children and Families 6
pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age. 7
(3) A motorcycle learner’s permit may be renewed only twice upon 8
payment of a $24.00 fee. An individual under 23 years of age who was in the 9
care and custody of the Commissioner for Children and Families pursuant to 10
33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age shall not be 11
charged a fee for the renewal of a motorcycle learner’s permit. 12
(4) If, during the original permit period and two renewals the permittee 13
has not successfully passed the applicable skill test or motorcycle rider training 14
course, the permittee may not obtain another motorcycle learner’s permit for a 15
period of 12 months from the expiration of the permit unless: 16
(A) he or she the permittee has successfully completed the applicable 17
motorcycle rider training course; or 18
(B) the learner’s permit and renewals thereof authorized the 19
operation of any motorcycle and the permittee is seeking a learner’s permit for 20
the operation of three-wheeled motorcycles only. 21 BILL AS INTRODUCED S.123
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* * * 1
(c) No learner’s permit may be issued to any person under 18 years of age 2
unless the parent or guardian of, or a person standing in loco parentis to, the 3
applicant files his or her written consent to the issuance with the 4
Commissioner. 5
(d)(1) An applicant shall pay $24.00 to the Commissioner for each 6
learner’s permit or a duplicate or renewal thereof. 7
(2) An applicant under 23 years of age who was in the care and custody 8
of the Commissioner for Children and Families pursuant to 33 V.S.A. 9
§ 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee 10
for a learner’s permit or a duplicate or renewal thereof. 11
(3) A replacement learner’s permit for the operation of a motorcycle 12
may be generated from the applicant’s electronic account for no charge. 13
(e)(1) A learner’s permit, which is not a learner’s permit for the operation 14
of a motorcycle, shall contain a photograph or imaged likeness of the 15
individual. A learner’s permit for a motor vehicle shall contain a photograph 16
or imaged likeness of the individual if the permit is obtained in person. The 17
photographic learner’s permit shall be available at locations designated by the 18
Commissioner. 19
(2) An individual issued a permit under this subsection may renew his or 20
her the individual’s permit by mail or online, but a permit holder who chooses 21 BILL AS INTRODUCED S.123
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to have a photograph or imaged likeness under this subsection must renew in 1
person so that an updated imaged likeness of the individual is obtained not less 2
often than once every nine years. 3
* * * 4
* * * Commercial Learner’s Permit * * * 5
Sec. 10. 23 V.S.A. § 4111a is amended to read: 6
§ 4111a. COMMERCIAL LEARNER’S PERMIT 7
(a) Contents of permit. A commercial learner’s permit shall contain the 8
following: 9
* * * 10
(3) physical and other information to identify and describe the permit 11
holder, including the month, day, and year of birth; sex; and height; and 12
photograph; 13
* * * 14
Sec. 11. 23 V.S.A. § 4122 is amended to read: 15
§ 4122. DEFERRING IMPOSITION OF SENTENCE; PROHIBITION ON 16
MASKING OR DIVERSION 17
(a) No court, State’s Attorney, or law enforcement officer may utilize the 18
provisions of 13 V.S.A. § 7041 or any other program to defer imposition of 19
sentence or judgment if the defendant holds a commercial driver’s license, 20
commercial learner’s permit, or was operating a commercial motor vehicle 21 BILL AS INTRODUCED S.123
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when the violation occurred and is charged with violating any State or local 1
traffic law other than a parking violation. 2
* * * 3
* * * License Examinations * * * 4
Sec. 12. 23 V.S.A. § 632 is amended to read: 5
§ 632. EXAMINATION REQUIRED; WAIVER 6
(a) Before an operator’s or a junior operator’s license is issued to an 7
applicant for the first time in this State, or before a renewal license is issued to 8
an applicant whose previous Vermont license had expired more than three 9
years prior to the application for renewal, the applicant shall pass a satisfactory 10
examination, except that the Commissioner may, in his or her the 11
Commissioner’s discretion, waive the examination when the applicant holds a 12
chauffeur’s, junior operator’s, or operator’s license in force at the time of 13
application or within three years prior to the application in some other 14
jurisdiction where an examination is required similar to the examination 15
required in this State. 16
(b) The examination shall consist of: 17
* * * 18
(3) at the discretion of the Commissioner, such other examination or 19
demonstration as he or she the Commissioner may prescribe, including an oral 20
eye examination. 21 BILL AS INTRODUCED S.123
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(c) An applicant may have an individual of his or her the applicant’s 1
choosing at the oral examination or road test to serve as an interpreter, 2
including to translate any oral commands given as part of the road test. 3
Sec. 13. 23 V.S.A. § 634 is amended to read: 4
§ 634. FEE FOR EXAMINATION 5
* * * 6
(b) A scheduling fee of $29.00 shall be paid by the applicant before the 7
applicant may schedule the road test required under section 632 of this title. 8
Unless an applicant gives the Department at least 48 hours’ notice of 9
cancellation, if the applicant does not appear as scheduled, the $29.00 10
scheduling fee is forfeited. If the applicant appears for the scheduled road test, 11
the fee shall be applied toward the license examination fee. The Commissioner 12
may waive the scheduling fee until the Department is capable of administering 13
the fee electronically. [Repealed.] 14
* * * 15
* * * Non-Real ID Operator’s Privilege Cards * * * 16
Sec. 14. 23 V.S.A. § 603 is amended to read: 17
§ 603. APPLICATION FOR AND ISSUANCE OF LICENSE 18
(a)(1) The Commissioner or his or her the Commissioner’s authorized 19
agent may license operators and junior operators when an application, on a 20
form prescribed by the Commissioner, signed and sworn to by the applicant for 21 BILL AS INTRODUCED S.123
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the license, is filed with him or her the Commissioner, accompanied by the 1
required license fee and any valid license from another state or Canadian 2
jurisdiction is surrendered. 3
(2) The Commissioner may, however, in his or her the Commissioner’s 4
discretion, refuse to issue a license to any person whenever he or she the 5
Commissioner is satisfied from information given him or her the 6
Commissioner by credible persons, and upon investigation, that the person is 7
mentally or physically unfit or, because of his or her the person’s habits or 8
record as to crashes or convictions, is unsafe to be trusted with the operation of 9
motor vehicles. A person refused a license under the provisions of this 10
subsection shall be entitled to hearing as provided in sections 105–107 of this 11
title. 12
* * * 13
(d) Except as provided in subsection (e) of this section: 14
(1) A An applicant who is a citizen of a foreign country shall produce 15
his or her the applicant’s passport and visa, alien registration receipt card 16
(green card), or other proof of legal presence for inspection and copying as a 17
part of the application process for an operator’s license, junior operator’s 18
license, or learner’s permit. 19 BILL AS INTRODUCED S.123
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(2) An operator’s license, junior operator’s license, or learner’s permit 1
issued to an applicant who is a citizen of a foreign country shall expire 2
coincidentally with his or her the applicant’s authorized duration of stay. 3
(e)(1) A citizen of a foreign country unable to establish legal presence in 4
the United States who furnishes reliable proof of Vermont residence and of 5
name, date of birth, and place of birth, and who satisfies all other requirements 6
of this chapter for obtaining a license or permit, shall be eligible to obtain an 7
operator’s privilege card, a junior operator’s privilege card, or a learner’s 8
privilege card. 9
* * * 10
(f) Persons Applicant’s able to establish lawful presence in the United 11
States but who otherwise fail to comply with the requirements of the REAL ID 12
Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an 13
operator’s privilege card, a junior operator’s privilege card, or a learner’s 14
privilege card, provided the applicant furnishes reliable proof of Vermont 15
residence and of name, date of birth, and place of birth, and satisfies all other 16
requirements of this chapter for obtaining a license or permit. The 17
Commissioner shall require applicants under this subsection to furnish a 18
document or a combination of documents that reliably proves the applicant’s 19
Vermont residence and his or her the applicant’s name, date of birth, and place 20
of birth. 21 BILL AS INTRODUCED S.123
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* * * 1
(h) A privilege card issued under this section shall: 2
(1) on its face bear the phrase “privilege card” “non-Real ID” and text 3
indicating that it is not valid for federal identification or official purposes; and 4
* * * 5
* * * License Extension * * * 6
Sec. 15. 23 V.S.A § 604 is added to read: 7
§ 604. EARLY RENEWAL 8
(a) The holder of an operator’s license or privilege card issued under the 9
provisions of this subchapter may renew the operator’s license or privilege 10
card at any time prior to the expiration of the operator’s license or privilege 11
card. If one or more years remain before the expiration of the operator’s 12
license or privilege card, the Commissioner shall reduce the cost of the 13
renewed operator’s license or privilege card by an amount that is proportionate 14
to the number of years rounded down to the next whole year remaining before 15
the expiration of the operator’s license or privilege card. 16
(b) All application and documentation requirements for the renewal of an 17
operator’s license or privilege card shall apply to the early renewal of an 18
operator’s license or privilege card. 19 BILL AS INTRODUCED S.123
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Sec. 16. 23 V.S.A. § 115b is added to read: 1
§ 115b. EARLY RENEWAL 2
(a) The holder of nondriver identification card issued under the provisions 3
of section 115 of this chapter may renew the nondriver identification card at 4
any time prior to the expiration of the nondriver identification card. If one or 5
more years remain before the expiration of the nondriver identification card, 6
the Commissioner shall reduce the cost of the renewed nondriver identification 7
card by an amount that is proportionate to the number of years rounded down 8
to the next whole year remaining before the expiration of the nondriver 9
identification card. 10
(b) All application and documentation requirements for the renewal of a 11
nondriver identification card pursuant to section 115 of this chapter shall apply 12
to the early renewal of a nondriver identification card. 13
Sec. 17. INFORMATION REGARDING PRIVILEGE CARDS AND 14
NONDRIVER IDENTIFICATION CARDS; INTENT 15
It is the intent of the General Assembly that the Commissioner of Motor 16
Vehicles shall ensure that any individual who is unable to or does not wish to 17
comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-18
13, §§ 201-202 shall be informed of the option of obtaining an operator’s 19
privilege card pursuant to the provisions of 23 V.S.A. § 603(f) or a nondriver 20
identification card pursuant to the provisions of 23 V.S.A. § 115. 21 BILL AS INTRODUCED S.123
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Sec. 18. OUTREACH 1
On or before November 15, 2025, the Department of Motor Vehicles shall 2
develop and implement a public education and outreach campaign to inform 3
Vermont residents about: 4
(1) an individual’s rights to obtain an operator’s license, privilege card, 5
or nondriver identification card; 6
(2) an individual’s rights to self-attest with respect to the gender marker 7
on the individual’s operator’s license, privilege card, or nondriver 8
identification card; and 9
(3) reduced fees that are available to individuals who meet certain 10
requirements. 11
* * * Commercial Driving Instructors * * * 12
Sec. 19. 23 V.S.A. § 705 is amended to read: 13
§ 705. QUALIFICATIONS FOR INSTRUCTOR’S LICENSE 14
(a) In order to qualify for an instructor’s license, each applicant shall: 15
(1) not have been convicted of: 16
(A) a felony nor incarcerated for a felony within the 10 years prior to 17
the date of application; 18
(B) a violation of section 1201 of this title or a like offense in another 19
jurisdiction reported to the Commissioner pursuant to subdivision 3905(a)(2) 20
of this title within the three years prior to the date of application; 21 BILL AS INTRODUCED S.123
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(C) a subsequent violation of an offense listed in subdivision 1
2502(a)(5) of this title or of section 674 of this title; or 2
(D) a sex offense that requires registration pursuant to 13 V.S.A. 3
chapter 167, subchapter 3; 4
(2) pass such an examination as required by the Commissioner shall 5
require on: 6
(A) traffic laws; 7
(B) safe driving practices; 8
(C) operation of motor vehicles; and 9
(D) qualifications as a teacher; 10
(3) be physically able to operate a motor vehicle and to train others in 11
such operation; 12
(4) have five years’ experience as a licensed operator and be at least 21 13
years of age on date of application; and 14
(5) pay the application and license fees prescribed in section 702 of this 15
title. 16
(b) Commercial motor vehicle instructors shall satisfy the requirements of 17
subdivisions (a)(1), (2), (3), and (5) of this section, and: 18
(1) If the commercial motor vehicle instructor is a behind the wheel 19
(BTW) instructor, shall either: 20 BILL AS INTRODUCED S.123
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(A)(i) hold a CDL of the same or higher class and with all 1
endorsements necessary to operate the commercial motor vehicle for which 2
training is to be provided; 3
(ii) have at least two years of experience driving a commercial 4
motor vehicle requiring the same or higher class of CDL and any applicable 5
endorsements required to operate the commercial motor vehicle for which 6
training is to be provided; and 7
(iii) meet any additional applicable State requirements for 8
commercial motor vehicle instructors; or 9
(B)(i) hold a CDL of the same or higher class and with all 10
endorsements necessary to operate the commercial motor vehicle for which 11
training is to be provided; 12
(ii) have at least two years’ experience as a BTW instructor; and 13
(iii) meet any additional applicable State requirements for 14
commercial motor vehicle instructors. 15
(2) If the commercial motor vehicle instructor is a theory instructor, the 16
instructor shall: 17
(A)(i) hold a CDL of the same or higher class and with all 18
endorsements necessary to operate the commercial motor vehicle for which 19
training is to be provided; 20 BILL AS INTRODUCED S.123
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(ii) have at least two years of experience driving a commercial 1
motor vehicle requiring the same or higher class of CDL and any applicable 2
endorsements required to operate the commercial motor vehicle for which 3
training is to be provided; and 4
(iii) meet any additional applicable State requirements for 5
commercial motor vehicle instructors; or 6
(B)(i) hold a CDL of the same or higher class and with all 7
endorsements necessary to operate the commercial motor vehicle for which 8
training is to be provided; 9
(ii) have at least two years’ experience as a BTW instructor; and 10
(iii) meet any additional applicable State requirements for 11
commercial motor vehicle instructors. 12
* * * Motorcycle Instructors * * * 13
Sec. 20. 23 V.S.A. § 734 is amended to read: 14
§ 734. INSTRUCTOR REQUIREMENTS AND TRAINING 15
* * * 16
(b) The Department shall establish minimum requirements for the 17
qualifications of a rider training instructor. The minimum requirements shall 18
include the following: 19
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(3) the instructor shall have at least four two years of licensed 1
experience as a motorcycle riding experience operator during the last five four 2
years; 3
* * * 4
(7) an applicant shall not be eligible for instructor status until his or her 5
the applicant’s driving record for the preceding five years, or the maximum 6
number of years less than five for which a state retains driving records, is 7
furnished; and 8
* * * 9
* * * Motor Vehicle Taxes * * * 10
Sec. 21. 32 V.S.A. § 8902 is amended to read: 11
§ 8902. DEFINITIONS 12
Unless otherwise expressly provided, as used in this chapter: 13
* * * 14
(5)(A) “Taxable cost” means the purchase price as defined in 15
subdivision (4) of this section or the taxable cost as determined under section 16
8907 of this title. 17
(B) For any purchaser who has paid tax on the purchase or use of a 18
motor vehicle that was sold or traded by the purchaser or for which the 19
purchaser received payment under a contract of insurance, the taxable cost of 20
the replacement motor vehicle other than a leased vehicle shall exclude: 21 BILL AS INTRODUCED S.123
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(A)(i) The value allowed by the seller on any motor vehicle accepted 1
by the seller as part of the consideration of the motor vehicle, provided the 2
motor vehicle accepted by the seller is owned and previously or currently 3
registered or titled by the purchaser, with no change of ownership since 4
registration or titling, except for motor vehicles for which registration is not 5
required under the provisions of Title 23 or motor vehicles received under the 6
provisions of subdivision 8911(8) of this title. 7
(B)(ii) The amount received from the sale of a motor vehicle last 8
registered or titled in the seller’s name, the amount not to exceed the clean 9
trade-in value of the same make, type, model, and year of manufacture as 10
designated by the manufacturer and as shown in the NADA Official Used Car 11
Guide (New England edition) J.D. Power Values, or any comparable 12
publication, provided such the sale occurs within three months after the taxable 13
purchase. However, this three-month period shall be extended day-for-day for 14
any time that a member of a guard unit or of the U.S. Armed Forces, as defined 15
in 38 U.S.C. § 101(10), spends outside Vermont due to activation or 16
deployment and an additional 60 days following the individual’s return from 17
activation or deployment. Such The amount shall be reported on forms 18
supplied by the Commissioner of Motor Vehicles. 19
(C)(iii) The amount actually paid to the purchaser within three 20
months prior to the taxable purchase by any insurer under a contract of 21 BILL AS INTRODUCED S.123
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collision, comprehensive, or similar insurance with respect to a motor vehicle 1
owned by him or her the purchaser, provided that the vehicle is not subject to 2
the tax imposed by subsection 8903(d) of this title and provided that one of 3
these events occur: 4
(i)(I) the motor vehicle with respect to which such the payment is 5
made by the insurer is accepted by the seller as a trade-in on the purchased 6
motor vehicle before the repair of the damage giving rise to insurer’s payment; 7
or 8
(ii)(II) the motor vehicle with respect to which such the payment 9
is made to the insurer is treated as a total loss and is sold for dismantling. 10
(D)(C) A purchaser shall be entitled to a partial or complete refund of 11
taxes paid under subsection 8903(a) or (b) of this title if an insurer makes a 12
payment to him or her the purchaser under contract of collision, 13
comprehensive, or similar insurance after he or she the purchaser has paid the 14
tax imposed by this chapter, if such the payment by the insurer is either: 15
* * * 16
(E)(D) The purchase price of a motor vehicle subject to the tax 17
imposed by subsections 8903(a) and (b) of this title shall not be reduced by the 18
value received or allowed in connection with the transfer of a vehicle that was 19
registered for use as a short-term rental vehicle. 20
* * * 21 BILL AS INTRODUCED S.123
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Sec. 22. 32 V.S.A. § 8907 is amended to read: 1
§ 8907. COMMISSIONER; COMPUTATION OF TAXABLE COSTS 2
(a) The Commissioner may investigate the taxable cost of any motor 3
vehicle transferred subject to the provisions of this chapter. If the motor 4
vehicle is not acquired by purchase in Vermont or is received for an amount 5
that does not represent actual value, or if no tax form is filed or it appears to 6
the Commissioner that a tax form contains fraudulent or incorrect information, 7
the Commissioner may, in the Commissioner’s discretion, fix the taxable cost 8
of the motor vehicle at the clean trade-in value of vehicles of the same make, 9
type, model, and year of manufacture as designated by the manufacturer, as 10
shown in the NADA Official Used Car Guide (New England Edition) J.D. 11
Power Values or any comparable publication, less the lease end value of any 12
leased vehicle. The Commissioner may develop a process to determine the 13
value of vehicles that do not have clean trade-in value in J.D. Power Values. 14
The Commissioner may compute and assess the tax due and notify the 15
purchaser verbally, if the purchaser is at a DMV location, or immediately by 16
certified mail, and the purchaser shall remit the same within 15 days thereafter 17
after notice is sent or provided. 18
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Sec. 23. 32 V.S.A. § 8914 is amended to read: 1
§ 8914. REFUND 2
Any overpayment of such tax as determined by the Commissioner shall be 3
refunded. To be eligible to receive a refund, a person shall submit a request for 4
a refund within one year after paying the tax. 5
* * * Refund of Registration Fee * * * 6
Sec. 24. 23 V.S.A. § 326 is amended to read: 7
§ 326. REFUND UPON LOSS OF VEHICLE 8
The Commissioner may cancel the registration of a motor vehicle when the 9
owner of the motor vehicle proves to the Commissioner’s satisfaction that the 10
motor vehicle has been totally destroyed by fire or, through crash or wear, has 11
become wholly unfit for use and has been dismantled. After the Commissioner 12
cancels the registration and the owner returns to the Commissioner either the 13
registration certificate or the number plate or number plates, or other proof of 14
cancellation to the satisfaction of the Commissioner, the Commissioner shall 15
certify to the Commissioner of Finance and Management the fact of the 16
cancellation, giving the name of the owner of the motor vehicle, the owner’s 17
address, the amount of the registration fee paid, and the date of cancellation. 18
The Commissioner of Finance and Management shall issue the Commissioner 19
of Finance and Management’s warrant in favor of the owner for such percent 20
of the registration fee paid as the unexpired term of the registration bears to the 21 BILL AS INTRODUCED S.123
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entire registration period, but in no case shall the Commissioner of Finance and 1
Management retain less than $5.00 of the fee paid. 2
* * * Fuel Tax Refunds * * * 3
Sec. 25. 23 V.S.A. § 3020 is amended to read: 4
§ 3020. CREDITS AND REFUNDS 5
(a) Credits. 6
(1) A user who purchased fuel within this State from a dealer or 7
distributor upon which he or she the user paid the tax at the time of purchase, 8
or a user exempt from the payment of the tax under subsection 3003(d) of this 9
title who purchased fuel within this State upon which he or she the user paid 10
tax at the time of purchase, shall be entitled to a credit equal to the amount of 11
tax per gallon in effect when the fuel was purchased. When the amount of the 12
credit to which any user is entitled for any reporting period exceeds the amount 13
of his or her the user’s tax for the same period, the excess shall be credited to 14
the user’s tax account and the user shall be notified of the date and amount of 15
the credit by mail. 16
* * * 17
(3) A user who also sells or delivers fuel subject to the tax imposed by 18
32 V.S.A. chapter 233 upon which the tax imposed by this chapter has been 19
paid shall be entitled to a credit equal to the amount of such tax paid pursuant 20
to this chapter. When the amount of the credit to which any user is entitled for 21 BILL AS INTRODUCED S.123
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any reporting period exceeds the amount of his or her the user’s tax for the 1
same period, the excess shall be credited to the user’s tax account and the user 2
shall be notified of the date and amount of the credit by mail. 3
* * *. 4
(b) Refunds. A user may request, in writing by mail, a refund of any 5
credits in the user’s tax account, but in no case may a user collect a refund 6
requested more than 33 12 months following the date the amount was credited 7
to the user’s tax account. 8
* * * 9
* * * Alteration of Odometers * * * 10
Sec. 26. 23 V.S.A. § 1704a is amended to read: 11
§ 1704a. ALTERATION OF ODOMETERS 12
(a) Any person who sells No person shall: 13
(1) sell, attempts attempt to sell, or causes cause to be sold any motor 14
vehicle, highway building appliance, motorboat, all-terrain vehicle, or 15
snowmobile and has actual knowledge that if the odometer, hubometer 16
reading, or clock meter reading has been changed, tampered with, or defaced 17
without first disclosing same and a person who changes, tampers with, or 18
defaces, or who attempts that information to the buyer; 19
(2) change, tamper with, or deface, or attempt to change, tamper with, or 20
deface, any gauge, dial, or other mechanical instrument, commonly known as 21 BILL AS INTRODUCED S.123
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an odometer, hubometer, or clock meter, in a motor vehicle, highway building 1
appliance, motorboat, all-terrain vehicle, or snowmobile, which, under normal 2
circumstances and without being changed, tampered with, or defaced, is 3
designed to show by numbers or words the distance that the motor vehicle, 4
highway building appliance, motorboat, all-terrain vehicle, or snowmobile 5
travels,; or who 6
(3) willfully misrepresents misrepresent the odometer, hubometer, or 7
clock meter reading on the odometer disclosure statement or similar statement, 8
title, or bill of sale. 9
(b) A person who violates subsection (a) of this section shall be fined not 10
more than $1,000.00 for a first offense and fined not more than $2,500.00 for 11
each subsequent offense. 12
* * * Definition of Conviction * * * 13
Sec. 27. 23 V.S.A. § 102 is amended to read: 14
§ 102. DUTIES OF COMMISSIONER 15
* * * 16
(d)(1) The Commissioner may authorize background investigations for 17
potential employees, which may include criminal, traffic, and financial records 18
checks; provided, however, that the potential employee is notified and has the 19
right to withdraw his or her their name from application. Additionally, 20
employees who are involved in the manufacturing or production of operator’s 21 BILL AS INTRODUCED S.123
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licenses and identification cards, including enhanced licenses, or who have the 1
ability to affect the identity information that appears on a license or 2
identification card, or current employees who will be assigned to such 3
positions, shall be subject to appropriate background checks and shall be 4
provided notice of the background check and the contents of that check. These 5
background checks shall include a name-based and fingerprint-based criminal 6
history records check using at a minimum the Federal Bureau of 7
Investigation’s National Crime Information Center and the Integrated 8
Automated Fingerprint Identification database and State repository records on 9
each covered employee. 10
(2) Employees may be subject to further appropriate security clearances 11
if required by federal law, including background investigations that may 12
include criminal and traffic records checks and providing proof of U.S. 13
citizenship. 14
(3) The Commissioner may, in connection with a formal disciplinary 15
investigation, authorize a criminal or traffic record background investigation of 16
a current employee; provided, however, that the background review is relevant 17
to the issue under disciplinary investigation. Information acquired through the 18
investigation shall be provided to the Commissioner or designated division 19
director and must be maintained in a secure manner. If the information 20
acquired is used as a basis for any disciplinary action, it must be given to the 21 BILL AS INTRODUCED S.123
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employee during any pretermination hearing or contractual grievance hearing 1
to allow the employee an opportunity to respond to or dispute the information. 2
If no disciplinary action is taken against the employee, the information 3
acquired through the background check shall be destroyed. 4
(e) As used in this section, “conviction” has the same meaning as in 5
subdivision 4(60) of this title. 6
Sec. 28. 23 V.S.A. § 108 is amended to read: 7
§ 108. APPLICATION FORMS 8
(a) The Commissioner shall prepare and furnish all forms for applications, 9
crash reports, conviction reports, a pamphlet containing the full text of the 10
motor vehicle laws of the State, and all other forms needed in the proper 11
conduct of his or her the Commissioner’s office. He or she The Commissioner 12
shall furnish an adequate supply of such registration forms, license 13
applications, and motor vehicle laws each year to each town clerk, and to such 14
other persons as may so upon request. 15
(b) As used in this section, “conviction” has the same meaning as in 16
subdivision 4(60) of this title. 17
Sec. 29. 23 V.S.A. § 1709 is amended to read: 18
§ 1709. REPORT OF CONVICTIONS TO COMMISSIONER OF MOTOR 19
VEHICLES 20 BILL AS INTRODUCED S.123
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(a) The Judicial Bureau and every court having jurisdiction over offenses 1
committed under any law of this State or municipal ordinance regulating the 2
operation of motor vehicles on the highways shall forward a record of any 3
conviction to the Commissioner within 10 days for violation of any State or 4
local law relating to motor vehicle traffic control, other than a parking 5
violation. 6
(b) As used in this section, “conviction” has the same meaning as in 7
subdivision 4(60) of this title. 8
Sec. 30. 23 V.S.A. § 1200 is amended to read: 9
§ 1200. DEFINITIONS 10
As used in this subchapter: 11
* * * 12
(11) As used in this section, “conviction” has the same meaning as in 13
subdivision 4(60) of this title. 14
* * * Drunken Driving * * * 15
Sec. 31. 23 V.S.A. § 1205 is amended to read: 16
§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE 17
(a) Refusal; alcohol concentration at or above legal limits; suspension 18
periods. 19
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(2) Upon affidavit of a law enforcement officer that the officer had 1
reasonable grounds to believe that the person was operating, attempting to 2
operate, or in actual physical control of a vehicle in violation of section 1201 3
of this title and that the person submitted to a test and the test results indicated 4
that the person’s alcohol concentration was at or above a limit specified in 5
subsection 1201(a) of this title, at the time of operating, attempting to operate, 6
or being in actual physical control, the Commissioner shall suspend the 7
person’s operating license or nonresident operating privilege or the privilege of 8
an unlicensed operator to operate a vehicle for a period of 90 days and until the 9
person complies with section 1209a of this title. However, during the 10
suspension, an eligible person may operate under the terms of an ignition 11
interlock RDL or ignition interlock certificate issued pursuant to section 1213 12
of this title. 13
* * * 14
(b) Form of officer’s affidavit. A law enforcement officer’s affidavit in 15
support of a suspension under this section shall be in a standardized form for 16
use throughout the State and shall be sufficient if it contains the following 17
statements: 18
* * * 19
(4) The officer informed the person of his or her the person’s rights 20
under subsection 1202(d) of this title. 21 BILL AS INTRODUCED S.123
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(5) The officer obtained an evidentiary test (noting the time and date the 1
test was taken) and the test indicated that the person’s alcohol concentration 2
was at or above a legal limit specified in subsection 1201(a) or (d) of this title, 3
or the person refused to submit to an evidentiary test. 4
* * * 5
(c) Notice of suspension. On behalf of the Commissioner of Motor 6
Vehicles, a law enforcement officer requesting or directing the administration 7
of an evidentiary test shall serve notice of intention to suspend and of 8
suspension on a person who refuses to submit to an evidentiary test or on a 9
person who submits to a test the results of which indicate that the person’s 10
alcohol concentration was at or above a legal limit specified in subsection 11
1201(a) or (d) of this title, at the time of operating, attempting to operate, or 12
being in actual physical control of a vehicle in violation of section 1201 of this 13
title. The notice shall be signed by the law enforcement officer requesting the 14
test. A copy of the notice shall be sent to the Commissioner of Motor 15
Vehicles, and a copy shall be mailed or given to the defendant within three 16
business days after the date the officer receives the results of the test. If 17
mailed, the notice is deemed received three days after mailing to the address 18
provided by the defendant to the law enforcement officer. A copy of the 19
affidavit of the law enforcement officer shall also be mailed by first-class mail 20
or given to the defendant within seven days after the date of notice. 21 BILL AS INTRODUCED S.123
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* * * 1
(h) Final hearing. 2
(1) If the defendant requests a hearing on the merits, the court shall 3
schedule a final hearing on the merits to be held within 21 days after the date 4
of the preliminary hearing. In no event may a final hearing occur more than 42 5
days after the date of the alleged offense without the consent of the defendant 6
or for good cause shown. The final hearing may only be continued by the 7
consent of the defendant or for good cause shown. The issues at the final 8
hearing shall be limited to the following: 9
* * * 10
(D) Whether the test was taken and the test results indicated that the 11
person’s alcohol concentration was at or above a legal limit specified in 12
subsection 1201(a) or (d) of this title, at the time of operating, attempting to 13
operate, or being in actual physical control of a vehicle in violation of section 14
1201 of this title, whether the testing methods used were valid and reliable, and 15
whether the test results were accurate and accurately evaluated. Evidence that 16
the test was taken and evaluated in compliance with rules adopted by the 17
Department of Public Safety shall be prima facie evidence that the testing 18
methods used were valid and reliable and that the test results are accurate and 19
were accurately evaluated. 20
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(i) Finding by the court. The court shall electronically forward a report of 1
the hearing to the Commissioner. Upon a finding by the court that the law 2
enforcement officer had reasonable grounds to believe that the person was 3
operating, attempting to operate, or in actual physical control of a vehicle in 4
violation of section 1201 of this title and that the person refused to submit to a 5
test, or upon a finding by the court that the law enforcement officer had 6
reasonable grounds to believe that the person was operating, attempting to 7
operate, or in actual physical control of a vehicle in violation of section 1201 8
of this title and that the person submitted to a test and the test results indicated 9
that the person’s alcohol concentration was at or above a legal limit specified 10
in subsection 1201(a) or (d) of this title, at the time the person was operating, 11
attempting to operate, or in actual physical control, the person’s operating 12
license, or nonresident operating privilege, or the privilege of an unlicensed 13
operator to operate a vehicle shall be suspended or shall remain suspended for 14
the required term and until the person complies with section 1209a of this title. 15
Upon a finding in favor of the person, the Commissioner shall cause the 16
suspension to be canceled and removed from the record, without payment of 17
any fee. 18
* * * 19
(n) Presumption. In a proceeding under this section, if at any time within 20
two hours of operating, attempting to operate, or being in actual physical 21 BILL AS INTRODUCED S.123
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control of a vehicle a person had an alcohol concentration of at or above a legal 1
limit specified in subsection 1201(a) or (d) of this title, it shall be a rebuttable 2
presumption that the person’s alcohol concentration was at or above the 3
applicable limit at the time of operating, attempting to operate, or being in 4
actual physical control. 5
* * * 6
Sec. 32. 23 V.S.A. § 1205(d) is amended to read: 7
(d) Form of notice. The notice of intention to suspend and of suspension 8
shall be in a form prescribed by the Supreme Court. The notice shall include 9
an explanation of rights, a form to be used to request a hearing, and, if a 10
hearing is requested, the date, time, and location of the Criminal Division of 11
the Superior Court where the person must appear for a preliminary hearing. 12
The notice shall also contain, in boldface print, the following: 13
(1) You have the right to ask for a hearing to contest the suspension of 14
your operator’s license. 15
(2) This notice shall serve as a temporary operator’s license and is valid 16
until 12:01 a.m. of the date of suspension. If this is your first violation of 17
section 1201 of this title and if you do not request a hearing, your license will 18
be suspended as provided in this notice. If this is your second or subsequent 19
violation of section 1201 of this title, your license will be suspended on the 20
11th day after you receive this notice. It is a crime to drive while your license 21 BILL AS INTRODUCED S.123
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is suspended unless you have been issued an ignition interlock restricted 1
driver’s license or ignition interlock certificate. 2
* * * 3
* * * Fee for Bulk Electronic Records Request * * * 4
Sec. 33. 23 V.S.A. § 114 is amended to read: 5
§ 114. FEES 6
(a) The Commissioner shall be paid the following fees for miscellaneous 7
transactions: 8
* * * 9
(24) Bulk electronic records request $0.303 per record 10
* * * 11
* * * Registration Fees for Trucks * * * 12
Sec. 34. 23 V.S.A. § 367 is amended to read: 13
§ 367. TRUCKS 14
(a)(1) The annual fee for registration of tractors, truck-tractors, or motor 15
trucks except truck cranes, truck shovels, road oilers, bituminous distributors, 16
and farm trucks used as specified in subsection (f) of this section shall be based 17
on the total weight of the truck-tractor or motor truck, including body and cab 18
plus the heaviest load to be carried. In computing the fees for registration of 19
tractors, truck-tractors, or motor trucks with trailers or semi-trailers attached, 20
except trailers or semi-trailers with a gross weight of less than 6,000 6,099 21 BILL AS INTRODUCED S.123
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pounds, the fee shall be based upon the weight of the tractor, truck-tractor, or 1
motor truck, the weight of the trailer or semi-trailer, and the weight of the 2
heaviest load to be carried by the combined vehicles. In addition to the fee set 3
out in the following schedule, the fee for vehicles weighing between 10,000 4
10,100 and 25,999 26,099 pounds inclusive shall be an additional $42.53, the 5
fee for vehicles weighing between 26,000 26,100 and 39,999 40,099 pounds 6
inclusive shall be an additional $85.03, the fee for vehicles weighing between 7
40,000 40,100 and 59,999 60,099 pounds inclusive shall be an additional 8
$297.68, and the fee for vehicles 60,000 60,100 pounds and over shall be an 9
additional $467.80. The fee shall be computed at the following rates per 1,000 10
pounds of weight determined pursuant to this subdivision and rounded up to 11
the nearest whole dollar; the minimum fee for registering a tractor, truck-12
tractor, or motor truck to 6,000 6,099 pounds shall be the same as for the 13
pleasure car type: 14
$18.21 when the weight exceeds 6,000 pounds but does not exceed 15
8,000 pounds is at least 6,100 pounds but not more than 8,099 pounds. 16
$20.83 when the weight exceeds 8,000 pounds but does not exceed 17
12,000 pounds is at least 8,100 pounds but not more than 12,099 pounds. 18
$22.97 when the weight exceeds 12,000 pounds but does not exceed 19
16,000 pounds is at least 12,100 pounds but not more than 16,099 pounds. 20 BILL AS INTRODUCED S.123
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$24.56 when the weight exceeds 16,000 pounds but does not exceed 1
20,000 pounds is at least 16,100 pounds but not more than 20,099 pounds. 2
$25.71 when the weight exceeds 20,000 pounds but does not exceed 3
30,000 pounds is at least 20,100 pounds but not more than 30,099 pounds. 4
$26.26 when the weight exceeds 30,000 pounds but does not exceed 5
40,000 pounds 30,100 pounds but not more than 40,099 pounds. 6
$26.90 when the weight exceeds 40,000 pounds but does not exceed 7
50,000 pounds is at least 40,100 pounds but not more than 50,099 pounds. 8
$27.13 when the weight exceeds 50,000 pounds but does not exceed 9
60,000 pounds is at least 50,100 pounds but not more than 60,099 pounds. 10
$28.06 when the weight exceeds 60,000 pounds but does not exceed 11
70,000 pounds is at least 60,100 pounds but not more than 70,099 pounds. 12
$29.00 when the weight exceeds 70,000 pounds but does not exceed 13
80,000 pounds is at least 70,100 pounds but not more than 80,099 pounds. 14
$29.94 when the weight exceeds 80,000 pounds but does not exceed 15
90,000 pounds is at least 80,100 pounds but not more than 90,099 pounds. 16
(2) Fractions of 1,000 pounds shall be computed at the next highest 17
1,000 pounds, excepting, however, fractions of hundredweight shall be 18
disregarded. [Repealed.] 19
* * * 20 BILL AS INTRODUCED S.123
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* * * Purchase and Use Tax * * * 1
Sec. 35. 32 V.S.A. § 8902 is amended to read: 2
§ 8902. DEFINITIONS 3
Unless otherwise expressly provided, as used in this chapter: 4
* * * 5
(6) “Motor vehicle” shall have has the same definition meaning as in 23 6
V.S.A. § 4(21). 7
* * * 8
(12) “Mail” has the same meaning as in 23 V.S.A. § 4(87). 9
Sec. 36. 32 V.S.A. § 8905 is amended to read: 10
§ 8905. COLLECTION OF TAX; EDUCATION; APPEALS 11
(a) Every purchaser of a motor vehicle subject to a tax under subsection 12
8903(a) of this title shall forward such the tax form to the Commissioner, 13
together with the amount of tax due at the time of first registering or 14
transferring a registration to such the motor vehicle as a condition precedent to 15
registration thereof of the vehicle. 16
(b) Every person subject to a use tax under subsection 8903(b) of this title 17
shall forward such the tax form and the tax due to the Commissioner with the 18
registration application or transfer, as the case may be, and fee at the time of 19
first registering or transferring a registration to such the motor vehicle as a 20
condition precedent to registration thereof of the vehicle. 21 BILL AS INTRODUCED S.123
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* * * 1
(d) Every person required to collect the use tax under subsection 8903(d) of 2
this title shall forward such the tax and a report of same the tax on forms 3
prescribed and furnished by the Commissioner at the frequency determined by 4
the Commissioner. 5
* * * 6
(f) Every person subject to the tax imposed by subsection 8903(g) of this 7
title shall forward the tax form and the tax due to the Commissioner along with 8
the title application and fee at the time of applying for a certificate of title to 9
such the motor vehicle as a condition precedent to the titling thereof of the 10
motor vehicle. 11
(g) The Commissioner shall establish procedures for taxpayers to file an 12
appeal regarding the taxpayer’s liability for the tax due pursuant to section 13
8903 of this chapter and compliance with the requirements of this section. The 14
procedures shall include a process by which a taxpayer can resolve the dispute 15
prior to the issuance of a final administrative decision on the appeal. 16
(h) The Commissioner shall create educational and outreach materials for 17
taxpayers that provide information regarding the appeal process established 18
pursuant to subsection (g) of this section and opportunities to resolve disputes. 19 BILL AS INTRODUCED S.123
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* * * Excessive Speed * * * 1
Sec. 37. 23 V.S.A. § 2502 is amended to read: 2
§ 2502. POINT ASSESSMENT; SCHEDULE 3
(a) Unless the assessment of points is waived by a Superior judge or a 4
Judicial Bureau hearing officer in the interests of justice and in accordance 5
with subsection 2501(b) of this title, a person operating a motor vehicle shall 6
have points assessed against his or her the person’s driving record for 7
convictions for moving violations of the indicated motor vehicle statutes in 8
accord with the following schedule: (All references are to this title of the 9
Vermont Statutes Annotated.) 10
* * * 11
(9) Eight points assessed for sections 1003 and, 1007, and 1097. State 12
speed zones and local speed limits, more than 30 miles per hour over and in 13
excess of the speed limit. 14
* * * 15
* * * Tinted Windows * * * 16
Sec. 38. 2024 Acts and Resolves No. 165, Secs. 14, 15, and 16 are amended to 17
read: 18 BILL AS INTRODUCED S.123
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Sec. 14. [Deleted.] 1
Sec. 15. [Deleted.] 2
Sec. 16. [Deleted.] 3
Sec. 39. 23 V.S.A. § 1125 is amended to read: 4
§ 1125. OBSTRUCTING WINDSHIELDS, AND WINDOWS 5
(a) Prohibition. Except as otherwise provided in this section, a person an 6
individual shall not operate a motor vehicle on which material or items have 7
been painted or adhered on or over, or hung in back of, any transparent part of 8
a motor vehicle windshield, vent windows, or side windows located 9
immediately to the left and right of the operator. The prohibition of this 10
section on hanging items shall apply only to shading or tinting material or 11
when a hanging item materially obstructs the driver’s view. 12
(b) General exemptions. Notwithstanding subsection (a) of this section, a 13
person an individual may operate a motor vehicle with material or items 14
painted or adhered on or over, or hung in back of, the windshield, vent 15
windows, or side windows: 16
(1) in a space not over four inches high and 12 inches long in the lower 17
right-hand corner of the windshield; 18
(2) in such any space as the Commissioner of Motor Vehicles may 19
specify for location of any sticker required by governmental regulation; 20 BILL AS INTRODUCED S.123
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(3) in a space not over two inches high and two and one-half inches long 1
in the upper left-hand corner of the windshield; 2
(4) if the operator is a person an individual employed by the federal, 3
State, or local government or a volunteer emergency responder operating an 4
authorized emergency vehicle, who places any necessary equipment in back of 5
the windshield of the vehicle, provided the equipment does not interfere with 6
the operator’s control of the driving mechanism of the vehicle; 7
(5) on a motor vehicle that is for sale by a licensed automobile dealer 8
prior to the sale of the vehicle, in a space not over three inches high and six 9
inches long in the upper left-hand corner of the windshield, and in a space not 10
over four inches high and 18 inches long in the upper right-hand corner of the 11
windshield; or 12
(6) if the object is a rearview mirror, or is an electronic toll-collection 13
transponder located either between the roof line and the rearview mirror post 14
or behind the rearview mirror; or 15
(7) if the object is shading or tinting material and the visible light 16
transmission of the motor vehicle windshield, vent window, or side window 17
with that shading or tinting material is not less than 70 percent. 18
(c) Medical exemption. The Commissioner may grant an exemption to the 19
prohibition of this section upon application from a person an individual 20
required for medical reasons to be shielded from the rays of the sun and who 21 BILL AS INTRODUCED S.123
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attaches to the application a document signed by a licensed physician or 1
optometrist certifying that shielding from the rays of the sun is a medical 2
necessity. The physician or optometrist certification shall be renewed every 3
four years. However, when a licensed physician or optometrist has previously 4
certified to the Commissioner that an applicant’s condition is both permanent 5
and stable, the exemption may be renewed by the applicant without submission 6
of a form signed by a licensed physician or optometrist. Additionally, the 7
window shading or tinting permitted under this subsection shall be limited to 8
the vent windows or side windows located immediately to the left and right of 9
the operator. The exemption provided in this subsection shall terminate upon 10
the transfer of the approved vehicle and at that time the applicable window 11
tinting shall be removed by the seller. Furthermore, if the material described in 12
this subsection tears or bubbles or is otherwise worn to prohibit clear vision, it 13
shall be removed or replaced. 14
(d) Rear side window obstructions. The rear side windows and the back 15
window may be obstructed only if the motor vehicle is equipped on each side 16
with a securely attached mirror, which that provides the operator with a clear 17
view of the roadway in the rear and on both sides of the motor vehicle. 18
(e) Removal. Any shading or tinting material that is painted or adhered on 19
or over, or hung in back of, the windshield, vent windows, or side windows in 20 BILL AS INTRODUCED S.123
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accordance with subdivision (b)(7) or subsection (c) of this section shall be 1
removed if it tears, bubbles, or is otherwise worn to prohibit clear vision. 2
(f) Definition. As used in this section, “visible light transmission” means 3
the amount of visible light that can pass through shading, tinting, or glazing 4
material applied to or within the transparent portion of a window or windshield 5
of a motor vehicle. 6
Sec. 40. LEGISLATIVE INTENT; TINTED WINDOWS 7
It is the intent of the General Assembly that a motor vehicle with shading or 8
tinting material that is not allowed under 23 V.S.A. § 1125, as amended by 9
Sec. 39 of this act, poses a danger to the individual operating the motor 10
vehicle, any passengers in the motor vehicle, and other highway users and that 11
such a motor vehicle shall fail the annual safety inspection required under 12
23 V.S.A. § 1222. 13
Sec. 41. RULEMAKING; PERIODIC INSPECTION MANUAL; TINTED 14
WINDOWS; OUTREACH 15
(a) The Department of Motor Vehicles shall, unless extended by the 16
Legislative Committee on Administrative Rules, adopt amendments to 17
Department of Motor Vehicles, Inspection of Motor Vehicles (CVR 14-050-18
022) consistent with the legislative intent in Sec. 40 of this act to be effective 19
not later than July 1, 2026. The amendments shall include the level of visible 20 BILL AS INTRODUCED S.123
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light transmission required for windshields and the windows to the immediate 1
right and left of the driver as of the effective date of the amendments. 2
(b) The Department of Motor Vehicles, in consultation with the 3
Department of Public Safety, shall implement a public outreach campaign on 4
window tinting to provide information on the prohibitions and exceptions 5
under 23 V.S.A. § 1125, as amended by Sec. 39 of this act, and the 6
requirements of the Inspection of Motor Vehicles (CVR 14-050-022), with 7
amendments adopted under the Administrative Procedure Act consistent with 8
subsection (a) of this section, including what level of visible light transmission 9
is currently required for windshields and the windows to the immediate right 10
and left of the driver. The Department of Motor Vehicles shall start to 11
disseminate information as required under this subsection not later than two 12
months prior to the effective date of Sec. 39 of this act and shall disseminate 13
information on window tinting through email, bulletins, software updates, and 14
the Department of Motor Vehicles’ website. 15
* * * All-Terrain Vehicles * * * 16
Sec. 42. 23 V.S.A. § 3501 is amended to read: 17
§ 3501. DEFINITIONS 18
As used in this chapter: 19
(1) “All-terrain vehicle” or “ATV” means any nonhighway recreational 20
vehicle, except snowmobiles, having not less than two low pressure tires (10 21 BILL AS INTRODUCED S.123
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pounds per square inch, or less); not wider than 64 72 inches, with two-wheel 1
ATVs having permanent, full-time power to both wheels; and having a dry 2
weight of less than 2,500 pounds, when used for cross-country travel on trails 3
or on any one of the following or a combination thereof: land, water, snow, ice, 4
marsh, swampland, and natural terrain. An ATV on a public highway shall be 5
considered a motor vehicle, as defined in section 4 of this title, only for the 6
purposes of those offenses listed in subdivisions 2502(a)(1)(H), (N), (R), (U), 7
(Y), (FF), (GG), (II), and (AAA); (2)(A) and (B); (3)(A), (B), (C), and (D); 8
(4)(A) and (B); and (5) of this title and as provided in section 1201 of this title. 9
An ATV does not include an electric personal assistive mobility device, a 10
motor-assisted bicycle, or an electric bicycle. 11
* * * 12
* * * Used Motor Vehicles Tax and Inspections Study Committee * * * 13
Sec. 43. USED MOTOR VEHICLES; PURCHASE AND USE TAX; 14
INSPECTIONS; STUDY COMMITTEE; REPORT 15
(a) Creation. There is created the Used Motor Vehicle Tax and Inspections 16
Study Committee to examine the assessment of purchase and use tax on used 17
motor vehicles and the inspection of motor vehicles whose onboard diagnostic 18
malfunction indicator light is on. 19
(b) Membership. The Committee shall be composed of the following 20
members: 21 BILL AS INTRODUCED S.123
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(1) the Commissioner of Motor Vehicles or designee; 1
(2) a member, appointed by the Vermont Vehicle and Automotive 2
Distributors Association or designee; 3
(3) a member, appointed by the Vermont Insurance Agents Association; 4
and 5
(4) a member, appointed by the Vermont Community Action 6
Partnership. 7
(c) Powers and duties. The Committee shall study the assessment of 8
purchase and use tax on used motor vehicles and the inspection of motor 9
vehicles whose onboard diagnostic malfunction indicator light is on, including 10
the following issues: 11
(1) the potential fiscal impact to the State of assessing the purchase and 12
use tax against the amount that a used vehicle was purchased for, rather than 13
the clean trade-in value of the vehicle; 14
(2) the potential for assessing the purchase and use tax against the 15
amount that a used vehicle was purchased for, if the difference between the 16
purchase price and the clean trade-in value of the vehicle is equal to or less 17
than the cost of repairs necessary for the vehicle to pass inspection pursuant to 18
23 V.S.A. § 1222; and 19
(3) potential modifications to the periodic inspection manual to permit 20
vehicles whose onboard diagnostic malfunction indicator light is illuminated to 21 BILL AS INTRODUCED S.123
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pass inspection pursuant to 23 V.S.A. § 1222 if the issue causing the indicator 1
light to illuminate does not affect the safety of the vehicle with respect to the 2
operator, any passengers, or any other vehicles. 3
(d) Assistance. The Committee shall have the administrative, technical, 4
and legal assistance of the Department of Motor Vehicles. 5
(e) Report. On or before January 15, 2026, the Committee shall submit a 6
written report to the House and Senate Committees on Transportation with its 7
findings and any recommendations for legislative action. 8
(f) Meetings. 9
(1) The Commissioner of Motor Vehicles or designee shall call the first 10
meeting of the Committee to occur on or before September 1, 2025. 11
(2) The Commissioner of Motor Vehicles or designee shall be the Chair. 12
(3) A majority of the membership shall constitute a quorum. 13
(4) The Committee shall cease to exist on January 30, 2026. 14
(g) Compensation and reimbursement. Members of the Committee who 15
are not otherwise compensated for their attendance at meetings shall be entitled 16
to per diem compensation and reimbursement of expenses as permitted under 17
32 V.S.A. § 1010 for not more than four meetings. These payments shall be 18
made from monies appropriated to Department of Motor Vehicles. 19 BILL AS INTRODUCED S.123
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* * * Effective Dates * * * 1
Sec. 44. EFFECTIVE DATES 2
(a) Secs. 39 and 40 shall take effect on July 1, 2026. 3
(b) This section and the remaining sections of this act shall take effect on 4
July 1, 2025. 5