|BILL AS INTRODUCED||2007-2008|
Introduced by Committee on Transportation
Subject: Motor vehicles; new motor vehicle arbitration board; refunds; false statements; snowmobiles; motorboats; all‑terrain vehicles; seizure
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) Amend the law regarding false statements on applications.
(5) Allow an enforcement officer to seize a snowmobile, motorboat, or all-terrain vehicle found to have its identifying numbers obliterated, defaced, or tampered with.
(6) Provide that salvage certificates of title be subject to the same 15‑year limit as certificates for other vehicles.
(7) Exempt vessels more than 15 years old from the requirement of a certificate of title.
AN ACT RELATING TO MOTOR VEHICLES, SNOWMOBILES, MOTORBOATS, AND ALL-TERRAIN 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
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
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 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. 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. 4. 23 V.S.A. § 203 is amended to read:
§ 203. COUNTERFEITING OR
MISUSING NUMBER PLATES,
REGISTRATION CERTIFICATES, OR OPERATING LICENSE
(a) A person shall not:
(1) Counterfeit or cause to be counterfeited or have in his or her possession any counterfeit number plate, validating sticker, marker, inspection sticker, registration certificate, learner’s permit, nondriver identification card, insurance identification card, or operator license, or alter or have in his or her possession any altered number plate or marker; or
(2) Display or cause or permit to be displayed, or have in his or her possession, any fictitious or fraudulently altered operator license, learner’s permit, nondriver identification card, or registration certificate, or display for any fraudulent purpose, an expired or counterfeit insurance identification card or similar document; or
(3) Lend his or her operator license to any other person or knowingly permit the use thereof by another; or
(4) Display or represent as his or her own any operator license, permit, or nondriver identification card not issued to him or her; or
(5) Permit any unlawful use of an operator license, permit, or nondriver identification card issued to him or her by the commissioner; or
(6) Obtain or attempt to obtain a registration plate, validation sticker, registration certificate, operator’s license, learner’s permit, nondriver identification card, or duplicate copy of any of such documents by the use of fraudulently obtained, fictitious, or altered identity documents or by the use of identity documents not his or her own; or
(7) Obtain or attempt to obtain a registration plate, validation sticker, registration certificate, certificate of title, operator’s license, learner’s permit, nondriver identification card, duplicate copy of any of these documents, or obtain or attempt to obtain any other permit, license or special privilege from the department of motor vehicles through the submission of an application containing false or fictitious information; or
(8) Lend his or her identity documents to aid an applicant in his or her attempt to fraudulently obtain or actually obtain a registration plate, validation sticker, registration certificate, operator’s license, learner’s permit, nondriver identification card, or duplicate copy of such documents.
Upon conviction for a A
violation of subsection (a) of this section shall be a traffic violation for
which there shall be a penalty of not more than $1,000.00. If a person is
found to have committed the violation, the person’s privilege to operate
motor vehicles shall be suspended for 60 days.
* * * Snowmobiles, Motorboats, ATVs; Identifying Numbers; Seizure * * *
Sec. 5. 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
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. 6. 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. 7. 23 V.S.A. § 3807 is amended to read:
§ 3807. EXEMPTED VESSELS, SNOWMOBILES, AND ALL-TERRAIN
No certificate of title need be obtained for:
(1) any vessel under 16 feet in length;
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.
The Vermont General Assembly
115 State Street