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NO. 18. AN ACT RELATING TO REQUIRING THE USE OF EXTENDED REAR-VIEW MIRRORS, AND THE WIDTH OF MOTOR HOMES AND TRAILER COACHES.

(S.63)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 23 V.S.A. 1305 is amended to read:

1305. MIRROR REQUIRED

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Motor]* All motor trucks and motor vehicles towing a trailer or semi-trailer shall be equipped with a mirror not less than five inches in diameter or with less than 25 square inches of reflective area so attached that the driver *[of such motor truck]* shall at all times have a reflected view of other vehicles approaching from the rear. The mirror shall be attached in a manner that complies with the width requirements of section 1431 of this title. The extended rear-view mirror shall be retracted or removed when not towing a trailer or semi-trailer.

Sec. 2. 23 V.S.A. 1431 is amended to read:

1431. HEIGHT AND WIDTH LIMITS

(a) *[All]* Except for the provisions of subsection (c) of this section, motor vehicles and loads shall not exceed eight and one-half feet in width or *[thirteen]* 13 feet six inches in height. The term width shall mean the total width of the vehicle and load, excluding safety devices as determined by the commissioner which may extend up to three inches on each side of the vehicle. The height and width limits of this section shall not apply to snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels, dump wagons, trucks, highway building equipment and road-making appliances employed on highway maintenance or on highway construction when operated within a construction area, or to vehicles employed by municipalities for transportation and disposal of nontoxic residual waste sludge from waste water and water treatment facilities while utilized for those purposes, nor shall the limits apply to traction engines, tractor, trailer or motor trucks operated on a public highway, under a permit from the commissioner of motor vehicles, as provided in section 1400 of this title. Nothing in this section shall prohibit the use of the stop arm described in section 1281a of this title and no permit shall be required.

(b) In his or her discretion, with or without hearing, the commissioner of motor vehicles, or his or her agent, upon application, may issue annually to dealers in farm tractors or other farm implements, overwidth permits to transport or draw upon a highway such farm implements as are more than eight feet in width but not more than *[thirteen]* 13 feet in width, when such operation is necessary incidental to the conduct of such business, during the period from sunrise to sunset, provided at least two red flags not smaller than *[twelve]* 12 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least *[five hundred]* 500 feet, except that no vehicles, implements or combinations thereof shall be operated on any highway after *[ten o'clock in the morning]* 10:00 a.m. on any Sunday or legal holiday, except on trips not in excess of two miles, nor upon any highway at any time on which operation is prohibited by order of the commissioner.

(c) The total outside width of a motor home, as defined in subdivision 8902(11) of Title 32 or a trailer coach as defined in subdivision 4(41) of this title may exceed 102 inches if the excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle. The term "appurtenance" does not include any item that is temporarily affixed to the exterior of the vehicle by the vehicles owner for the purpose of transporting the item from one location to another, but does include the following:

(1) An awning and its support hardware; and

(2) Any appendage that is intended to be an integral part of a motor home or trailer coach that is installed by a manufacturer or dealer.

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(c)]*(d) A person, firm or corporation whose land is divided by a public highway may operate across the highway, at approximate right angles to the center line, an unregistered vehicle with or without a load having width in excess of eight feet, or a height in excess of *[twelve]* 12 feet and six inches, and which, if used on highway construction, would be defined as motorized highway building equipment, provided that the person, firm or corporation shall first have applied to and received from the selectmen of the town or the aldermen of the city in which the land and highway are located a permit in writing specifying the vehicle covered and the point where, time when and under what conditions such crossing may be made, and provided further that the person, firm or corporation shall have applied to and received from the commissioner of motor vehicles a certificate in writing that the vehicle listed in the permit issued by the selectmen or aldermen meets the conditions herein set forth as to type and size and, further, that the operation thereof across the highway will not damage the highway. The commissioner may impose such conditions regarding size of load or highway surface protection as he or she deems necessary. A fee of $35.00 shall be paid to the town or city for each permit and the permit shall not cover more than one vehicle. The permit shall be valid for a period of one year from the date of issue. A similar fee of $35.00 shall be paid to the state for each certificate issued by the commissioner and the certificate shall not cover more than one vehicle and shall be valid for a period of one year from the date of issue. Provided that the terms and conditions are complied with, no registration of the vehicle shall be required under any other section of this title, nor shall permits of any kind or type be required under any other section of this title.

Sec. 3. EFFECTIVE DATE

This act shall take effect from passage.

Approved: May 8, 2001