Act No. 152
(S.282)
Motor vehicles; commercial driver's license; operating records; renewal; disqualification; out-of-service order; miscellaneous fees; dealers; accident reports; inspection of trailers; title certificate retention; registration renewal; siren and light permit transfer
This act:
(1) Clarifies that all United States Department of Defense vehicles-not just "military" vehicles-are exempt from the definition of commercial motor vehicle.
(2) Revises an incorrect reference to the Code of Federal Regulations.
(3) Specifies that renewal of a commercial driver's license may be done no earlier than six months prior to its expiration and requires the surrender of the previous license upon renewal.
(4) Clarifies that an application for a hazardous materials license endorsement shall be revoked or denied if a security threat assessment of the applicant results in an initial or final adverse determination.
(5) Specifies that the commissioner of motor vehicles must fulfill a request for the operating record of a person currently or previously licensed in Vermont within 30 days.
(6) Establishes a 10-day limit in which the commissioner of motor vehicles must report to a commercial driver license holder's licensing jurisdiction a conviction under Vermont law for any violation of state or local law governing motor vehicle traffic control.
(7) Requires disqualifications for persons convicted of serious traffic violations to be served consecutively.
(8) Clarifies that a commercial motor vehicle may not be operated in violation of an out-of-service order.
(9) Provides that the penalties for violations of out-of-service orders conform to federal minimum penalty requirements.
(10) Clarifies that commercial driver records and data are retained in accordance with federal requirements.
(11) Updates references to various federal agencies as well as to Code of Federal Regulations sections that authorize the adoption and enforcement of rules for the transportation of hazardous materials and for motor carrier safety.
(12) Increases a motor vehicle department record copying fee.
(13) Enlarges from three business to 15 calendar days the time a motor vehicle dealer has to provide notice to the commissioner of motor vehicles of issuance of temporary validation stickers, number plates, or decals and to forward to the commissioner of motor vehicles registration, tax, and title applications and registration fees.
(14) Increases motor vehicle dealers' bonding obligations from a range of $5,000 to $15,000 up to a range of $20,000 to $35,000.
(15) Raises from $1,000 to $3,000 the level of property damage that triggers an obligation to submit a written report to the commissioner of motor vehicles about an accident.
(16) Exempts from inspection requirements registered trailers or semi-trailers with a gross weight of trailer and load of less than 1,500 pounds.
(17) Specifies a 15-year limit to retention of title certificates by the department of motor vehicles.
(18) Eliminates by repeal the motorcycle rider training program advisory committee and the interstate compact for motor vehicle safety equipment.
(19) Authorizes the use of paper receipts of an electronic registration renewal to serve as a temporary registration for 10 days.
(20) Authorizes permits for the use of sirens and lights by emergency and enforcement vehicles to be transferred in the same manner as motor vehicle registrations are transferred.
(21) Changes the term "moped" to be "motor-driven cycle" and eliminates the requirement that such vehicles have foot pedals to permit muscular propulsion.
Date Signed by the Governor: June 1, 2010
Effective Dates:
(1) Sec. 3 (renewal of commercial driver license): July 1, 2011.
(2) Secs. 1-2 (definition of commercial motor vehicle; application for commercial driver license-certification of not having suspensions or disqualifications) and 4-18 (Sec. 4-request for driving record: Sec. 5-notification to another state of a motor vehicle conviction in Vermont; Sec. 6-disqualification period for operating vehicle; Secs. 7 and 8-compliance with out-of-service orders and penalties; Sec. 9-DMV commissioner to maintain commercial driver records and driver identification data; Sec. 10-regulations published by the Pipeline and Hazardous Materials Safety Administration; Sec. 11-cross reference clarifications; Sec. 12-cost to obtain records; Sec. 13-new and used car dealer surety bond requirements; Sec. 14-notice from motor vehicle dealer to commissioner of DMV of issuance of registration plates; Sec.
15-trailers exempt from registration; Sec. 16-DMV records for certificates of title; Sec. 17-repeal of motorcycle rider training program advisory committee; Sec.
18-validating stickers on registration plates): July 1, 2010.
(3) Secs. 19a-19l (Sec. 19a-definition of motor-driven cycle; Sec. 19b and
19c-registration and financial responsibility for motor-driven cycles; Sec. 19d through 19l-operation and titling of motor-driven cycles): September 1, 2010.
(4) Sec. 19 (transferring permits for sirens and colored signal lights): On passage (June 1, 2010, the date on which the governor signed the bill).