The Vermont Statutes Online

Title 5: Aeronautics and Surface Transportation Generally

Chapter 028: Transportation of Hazardous Materials

• § 2001. Transportation of hazardous materials

  (a) The Secretary of Transportation is authorized to promote safety in the transportation of hazardous materials by all modes of transportation and furthermore:

  (1) Is authorized to adopt rules, under 3 V.S.A. chapter 25, governing transportation of hazardous materials. As used in this section, “hazardous materials” means those substances or materials in such quantity and form that may pose an unreasonable risk to health and safety or property when transported in commerce by all modes. For purposes of this section, hazardous materials includes explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. These rules shall be no less protective of public safety than the rules promulgated by the federal government with respect to the transportation of hazardous materials, but no rule shall prohibit a person between 18 to 21 years of age from operating a motor vehicle transporting hazardous materials.

  (2) Is authorized to enforce these rules through the use of Agency staff or others pursuant to cooperative agreement.

  (3) Is authorized to enter into cooperative agreements with agencies of this and other states and of the federal government in relation to enforcement of these rules and rules or regulations promulgated by the federal government that apply to transportation in Vermont.

  (b) It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.

  (c) Any person who violates these rules shall be subject to a penalty of not more than $1,000.00. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation.

  (d) Notwithstanding any other provision of this chapter or other law, whether general, special, or local, violations of any rules adopted pursuant to this section involving the operation of a motor vehicle may be charged through the use of a traffic complaint prescribed by the Supreme Court pursuant to 4 V.S.A. § 1105.

  (e) With respect to the transportation of radioactive materials, nothing in this section shall be construed to abrogate or affect the provisions of any other federal or state statute or local ordinance, regulation, or resolution that are more restrictive than or that supersede the provisions of this section or rules adopted pursuant to this section.

  (f) The regulations promulgated by the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 105–199, revised as of October 1, 2007, and any amendment or addition to these regulations, and the regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 390–397, revised as of October 1, 2008, and any amendment or addition to these regulations and any provisions of any other regulations regarding the transportation of hazardous materials adopted by a federal agency may be adopted by the Secretary of Transportation. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1987, No. 112, § 3; 1987, No. 241 (Adj. Sess.), § 10; amended 1989, No. 58; 1989, No. 182 (Adj. Sess.), § 1, eff. May 16, 1990; 1991, No. 193 (Adj. Sess.), § 1, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 8; 2009, No. 152 (Adj. Sess.), § 10; 2017, No. 113 (Adj. Sess.), § 9a; 2021, No. 105 (Adj. Sess.), § 22, eff. July 1, 2022; 2023, No. 6, § 23, eff. July 1, 2023.)

• § 2002. Repealed. 1989, No. 252 (Adj. Sess.), § 28(a).

• § 2003. Transportation of radioactive materials; preferred routes

  (a) The Secretary of Transportation, following consultation with the Commissioner of Health and the Commissioner of Public Safety, shall designate any highway as a part of a preferred route for the transportation of fissile radioactive materials and large quantity packages of radioactive materials as defined by the U.S. Department of Transportation in order to cause the least risk to persons and property. The Secretary shall confer with the governing body of a municipality regarding the establishment of a preferred route within the boundaries of its jurisdiction and give its timely opinion due consideration.

  (b) A person who violates the order of the Secretary and transports radioactive materials in violation of this section shall be subject to the following penalties:

  (1) civil penalty—a maximum penalty of up to $10,000.00 per day for each violation;

  (2) criminal penalty—a fine of not more than $25,000.00 or imprisonment for not more than five years, or both. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 9.)