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NO. 69. AN ACT RELATING TO APPLICANTS FOR MOTOR VEHICLE COLORED LIGHT PERMITS; REGISTRATION OF SNOWMOBILES, ALL-TERRAIN VEHICLES AND MOTORBOATS; AND CERTIFICATES OF TITLE.

(S.64)

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

Sec. 1. 23 V.S.A. § 201 is amended to read:

§ 201. APPLICATIONS TO BE UNDER OATH

All applications for registration of motor vehicles, all-terrain vehicles, snowmobiles, motorboats, colored light permits, or vessel validation for certificate of title, for operators’ and junior operators’ licenses, for learners’ permits, for nondriver identification cards, for registration of dealers, for zone and nonresident registration and all proofs which the commissioner may require relative to the cancellation of the registration of any motor vehicle, all-terrain vehicle, snowmobile, or motorboat and all requests for personal information shall be under oath or such applications and proofs shall contain and be verified by written declarations that the same are made subject to the penalties prescribed in section 202 of this title, and each question and answer and each statement made in any application, or in any proof required, shall be deemed material. When an applicant for registration, license or cancellation is a corporation or partnership, the individual signing the application shall be considered the person making oath thereto or the person subject to the penalties of section 202.

Sec. 2. 23 V.S.A. § 309 is amended to read:

§ 309. REGISTERING MOTOR VEHICLE OF WHICH APPLICANT IS NOT THE OWNER

A person who registers or attempts to register a motor vehicle, snowmobile, all-terrain vehicle, or motorboat of which he or she is not the bona fide owner, as defined in section 4 of this title, shall be fined not more than $500.00, or imprisoned not more than two years, or both.

Sec. 3. 23 V.S.A. § 1704a is amended to read:

§ 1704a. ALTERATION OF ODOMETERS

Any person who sells *[or]*, attempts to sell or causes to be sold any motor vehicle, highway building appliance, motorboat, all-terrain vehicle or snowmobile and has actual knowledge that the odometer, hubometer reading or clock meter reading has been changed, tampered with or defaced without disclosing same and a person who changes, tampers with or defaces, or who attempts to change, tamper with or deface, any gauge, dial, or other mechanical instrument, commonly known as an odometer, hubometer or clock meter, in a motor vehicle, highway building appliance, motorboat or all-terrain vehicle or snowmobile, which, under normal circumstances and without being changed, tampered with or defaced, is designed to show by numbers or words the distance which the motor vehicle, highway building appliance, motorboat or all-terrain vehicle or snowmobile travels, or who willfully misrepresents the odometer, hubometer or clock meter reading on the odometer disclosure statement or similar statement, title or bill of sale shall be fined not more than $1,000.00 for a first offense and fined not more than $2,500.00 for each subsequent offense.

Sec. 4. 23 V.S.A. § 2001(18) is added to read:

(18) "Time of sale or transfer" or "date of sale" means the date when physical delivery of the vehicle to the purchaser occurs.

Sec. 5. 23 V.S.A. § 2024 is amended to read:

§ 2024. RESALE BY DEALER

If a dealer buys a vehicle and holds it for resale and *[procures]* obtains the certificate of title from the owner or the lienholder within *[ten]* 10 days after *[delivery to him of]* receiving the vehicle, *[he need not send]* the certificate need not be sent to the commissioner *[but, upon transferring]*. When the dealer transfers the vehicle to *[another]* a person, other than by the creation of a security interest, he or she shall *[promptly]* simultaneously execute the assignment and warranty of title by *[a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement,]* filling in the spaces *[provided therefor]* on the certificate *[or]* of title or as prescribed by the commissioner *[prescribes, and mail or deliver the]*. The certificate shall be mailed or delivered to the commissioner with the transferee’s application for a new certificate.

Sec. 6. 23 V.S.A. § 2029(d) is amended to read:

(d) The commissioner may seize and impound any certificate of title which has been canceled, suspended or revoked.

Sec. 7. 23 V.S.A. § 2082 is amended to read:

§ 2082. ALTERING, FORGING OR COUNTERFEITING CERTIFICATES

A person who, with fraudulent intent:

(1) Alters, forges *[or]*, counterfeits *[a]* or knowingly makes or causes to be made a false official certificate of title;

(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the commissioner prescribes;

(3) Has possession of or uses a certificate of title knowing it to have been altered, forged *[or]*, counterfeited or fraudulently obtained or made; or

(4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact*[,]* in or alters information on or forges a signature on an application for a certificate of title or duplicate certificate of title, shall be fined not less than $500.00 or more than $5,000.00 or be imprisoned not less than one year or more than five years or be both fined and imprisoned.

Sec. 8. 23 V.S.A. § 2083 is amended to read:

§ 2083. OTHER OFFENSES

A person who:

(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;

(2) Willfully fails to mail or deliver a certificate of title or application therefor to the commissioner within *[ten]* 10 days after the *[time required by this chapter]* transfer or creation or satisfaction of a security interest;

(3) Willfully fails to deliver to his transferee a certificate of title within *[ten]* 10 days after the *[time required by this chapter]* transfer; *[or

]*

(4) Willfully *[violates any provision of this chapter, except as provided in section 2082, shall be fined not more than $1,000.00 or imprisoned not more than one year, or both]* and without authority signs a name other than his or her own on any title or inaccurately states or alters the chain of ownership or other information required on any title or fails to return a certificate of title that has been fraudulently made or has unauthorized possession of blank certificates of title or manufacturer’s certificates of origin;

(5) Willfully violates any provision of this chapter, except as provided in subdivision (6) of this section or section 2082 of this title, shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both; or

(6) Willfully represents as his or her own or sells a motor vehicle or vessel on which he or she does not hold legal title to or is not authorized to sell or transfer the vehicle or vessel by the titleholder shall be fined not more than $5,000.00 or imprisoned for not more than five years, or both, for each offense.

Sec. 9. 23 V.S.A. § 3501 is amended to read:

§ 3501. DEFINITIONS

For purposes of this chapter:

* * *

(5) "All-terrain vehicle" or "ATV" means any nonhighway recreational vehicle, except snowmobiles, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland and natural terrain. An "all-terrain vehicle" or "ATV" on a highway shall be considered a motor vehicle, as defined in section 4 of this title.

* * *

Sec. 10. 23 V.S.A. § 367(d) is amended to read:

(d) The annual fee of a truck carrying a permanently mounted water well drilling machine is $65.00, and the annual fee for a well drilling tender truck is $105.00.

Sec. 11. EFFECTIVE DATE

Sec. 10 of this act shall take effect January 1, 2002.

Approved: June 16, 2001