Introduced by Representatives Endres of Milton, Grad of Moretown, Darrow of Dummerston, Allaire of Rutland City, Bostic of St. Johnsbury, Branagan of Georgia, Cross of Winooski, McCullough of Williston, Otterman of Topsham, Peaslee of Guildhall and Winters of Williamstown
Subject: Motor vehicles; school bus; passing; liability; presumptions
Statement of purpose: This bill proposes to provide, in cases where a school bus has been illegally passed by a driver who has not been identified, that it shall be prima facie evidence that the registered owner of the vehicle was driving.
AN ACT RELATING TO PASSING A SCHOOL BUS ILLEGALLY
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 23 V.S.A. § 1075(c) is added to read:
(c) It shall not be a moving violation under subdivision 4(44) of this title when the operator of a vehicle passes a school bus in violation of this section and cannot be identified other than by the registration plate and description of the vehicle. Notice of an offense under this subsection shall be delivered to the owner of the vehicle by a law enforcement officer in person or via certified mail within three business days. The owner or first-listed owner of the vehicle shall be issued a civil violation complaint with a penalty of $100.00, unless the owner files an affidavit with the contacting police department within ten days of receipt of the notice, identifying another person who was in possession of the vehicle at the time of the alleged violation. The decision of the hearing officer in the judicial bureau may be appealed to the district court. If the owner of the vehicle is a lessor or a rental car company and maintains a record identifying the name and address of the lessee or renter of the vehicle, the penalty shall be assessed against the lessee, first-listed lessee, or renter. The owner, lessee, or rental car company may not be penalized under this subsection if another person has been convicted for that violation, or the motor vehicle was stolen at the time of the violation.
The Vermont General Assembly
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