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BILL AS INTRODUCED 2007-2008

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H.282

Introduced by Representatives Turner of Milton and Grad of Moretown

Referred to Committee on

Date:

Subject:  Motor vehicles; school bus; passing illegally; 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.  The bill additionally provides that 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 if another person has been convicted for that violation, or the motor vehicle was stolen at the time of the violation.

AN ACT RELATING TO ILLEGALLY PASSING A SCHOOL BUS

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, except for the registration plate and description of the vehicle.  An offense under this subsection shall be reported to the owner of the vehicle within 72 hours, and unless the owner, under oath, identifies another person who was then in possession of the vehicle, the owner or first-listed owner of the vehicle shall be assessed a civil penalty of $100.00.  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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us