S.146

Introduced by   Committee on Transportation

Date:

Subject:  Motor vehicles; new motor vehicle arbitration board; dishonored checks; documents under oath; snowmobiles, motorboats, ATVs; identification numbers; salvage certificates of title; certificates of title for vessels

Statement of purpose:  This bill proposes to:

(1)  Provide that the new motor vehicle arbitration board be attached to the department of motor vehicles. 

(2)  Permit the department of motor vehicles to offset any refunds owed against amounts owed the department for dishonored checks.

(3)  Expand the list of documents presented to the department of motor vehicles which must be signed under oath. 

(4)  Allow an enforcement officer to seize a snowmobile, motorboat, or all-terrain vehicle found to have its identifying numbers obliterated, defaced, or tampered with.

(5)  Provide that salvage certificates of title be subject to the same 15‑year limit as certificates for other vehicles.

(6)  Exempt vessels more than 15 years old from the requirement of a certificate of title.

AN ACT RELATING TO MOTOR VEHICLES

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

* * * Attach Motor Vehicle Arbitration Board to DMV * * *

Sec. 1.  9 V.S.A. § 4174(a) is amended to read: 

(a)  There is created a Vermont motor vehicle arbitration board consisting of five members and three alternate members to be appointed by the governor for terms of three years.  Board members may be appointed for two additional three-year terms.  One member of the board and one alternate shall be new car dealers in Vermont, one member and one alternate shall be persons active as automobile technicians, and three members and one alternate shall be persons having no direct involvement in the design, manufacture, distribution, sales, or service of motor vehicles or their parts.  Board members shall be compensated in accordance with the provisions of 32 V.S.A. § 1010.  The board shall be attached to the transportation board department of motor vehicles and shall receive administrative services from the transportation board department of motor vehicles.

* * * DMV Refunds; Dishonored Checks * * *

Sec. 2.  23 V.S.A. § 110(c) is added to read:

(c)  Any refund otherwise due from the department to a person whose license or registration has been suspended pursuant to this section may be offset against the amount due the commissioner under this section.

* * * DMV Documents Signed Under Oath * * *

Sec. 3.  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, for over‑dimension permits, for inspection mechanic certifications, 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, all bills of sale on department forms, dealer reports of sale, and inspection station log sheets and all requests for personal information shall be under oath or such the applications and proofs shall contain and be verified by written declarations that the same they 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.

* * * Snowmobiles, Motorboats, ATVs; Identifying Numbers; Seizure * * *

Sec. 4.  23 V.S.A. § 1604 is amended to read:

§ 1604.  SEIZURE OF MOTOR VEHICLES

An enforcement officer, without process, may seize a motor vehicle, snowmobile, motorboat, or all-terrain vehicle found by him or her on which the manufacturer's serial or motor number or any of the identifying numbers placed on such the motor vehicle, snowmobile, motorboat, or all-terrain vehicle by the manufacturer of such the motor vehicle, snowmobile, motorboat, or all‑terrain vehicle or any of the parts thereof have been obliterated, defaced, or tampered with, or when in his or her judgment such the motor vehicle, snowmobile, motorboat, or all-terrain vehicle has been stolen, and may retain possession of such the motor vehicle, snowmobile, motorboat, or all-terrain vehicle until the commissioner or state's attorney of the county where such the vehicle, snowmobile, motorboat, or all-terrain vehicle is found is satisfied as to the rightful ownership thereof.  Immediately on the seizure of such the motor vehicle, such snowmobile, motorboat, or all-terrain vehicle, the officer shall report the same, together with all the facts obtainable by him or her, to such the commissioner, and such the officer shall notify the state's attorney of the county in which such the motor vehicle, snowmobile, motorboat, or all-terrain vehicle was seized and cause the ownership of such the motor vehicle, snowmobile, motorboat, or all-terrain vehicle to be investigated.

* * * Salvage Certificates of Title * * *

Sec. 5.  23 V.S.A. § 2091(a) is amended to read:

(a)  Except for vehicles for which no certificate of title is required pursuant to section 2012 of this title and for vehicles which are more than ten 15 years old, any person who purchases or in any manner acquires a vehicle as salvage, who scraps, dismantles, or destroys a motor vehicle or any insurance company or representative thereof who declares a motor vehicle to be a total loss shall make application for a salvage certificate of title within 15 days of the time the vehicle is purchased or otherwise acquired as salvage, scrapped, dismantled or, destroyed, or declared a total loss.  Such The application shall be accompanied by:

(1)  any certificate of title; and

(2)  any other information or documents that the commissioner may

reasonably require to establish ownership of the vehicle and the existence or

nonexistence of any security interest in the vehicle.

* * * Certificates of Title Not Required * * *

Sec. 6 .  23 V.S.A. § 3807 is amended to read:

§ 3807.  EXEMPTED VESSELS, SNOWMOBILES, AND ALL-TERRAIN

              VEHICLES

No certificate of title need be obtained for:

(1)  any vessel under 16 feet in length;

(2)  any vessel of a model year prior to 1989, or any snowmobile or all‑terrain vehicle of a model year prior to 2004;

(3)  any vessel which is a canoe, kayak, or similar watercraft designed to be manually-propelled or equipped with a motor not to exceed 10 horsepower;

(4)  a vessel, snowmobile, or all-terrain vehicle owned by the United States, unless it is registered in this state;

(5)  a vessel, snowmobile, or all-terrain vehicle owned by a manufacturer or dealer and held for sale;

(6)  a vessel owned by a nonresident of this state and not required by law to be registered in this state;

(7)  a vessel regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

(8)  any snowmobile or all-terrain vehicle owned by a nonresident of this state whose state of residence does not require a certificate of title for any such snowmobile or all-terrain vehicle;

(9)  any snowmobile or all-terrain vehicle owned by a nonresident of this state whose state of residence does require a certificate of title for any such snowmobile or all-terrain vehicle and the title has been issued or applied for;

(10)  any vessels that are more than 15 years old.