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BILL AS INTRODUCED 2007-2008

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S.53

Introduced by Committee on Transportation

Date:

Subject:  Motor vehicles; driver license; suspension; safety organization; tire size

Statement of purpose:  This bill proposes to:

(1)  Clarify when a suspension or revocation of a motor vehicle license, nondriver identification card, or registration takes effect.

(2)  Repeal the requirement that special plates or parking placards for persons with disabilities be renewed when the condition is permanent and stable.

(3)  Authorize safety or service organization registration plates to be issued to trucks registered for not more than 26,000 pounds.

(4)  Repeal the requirement that a citizen of a foreign country produce a passport and visa, green card, or other proof of legal presence when applying for a nondriver identification card.

(5)  Repeal an obsolete provision of the motor vehicle statutes which provides for an abstract of a motor vehicle licensee’s operating record.

(6)  Eliminate the requirement that tire size be included on an application to register a motor truck.

AN ACT RELATING TO MOTOR VEHICLES

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

Sec. 1.  23 V.S.A. § 204 is amended to read:

§ 204.  PROCEDURE FOR REVOCATION OF LICENSE OR

            REGISTRATION

(a)  A person whose license to operate a motor vehicle, nondriver identification card, or whose motor vehicle registration has been issued in error or is suspended or revoked by the commissioner under the provisions of this title shall surrender forthwith his or her license or registration upon demand of the commissioner or his or her authorized inspector or agent.  The demand shall be made in person or by notice in writing sent by first class mail to the last known address of the person, and the suspension shall be deemed to be in effect upon the making of the demand, if made in person, or three days after the deposit of the notice in the United States mails, if made in writing.

(b)  The commissioner or his or her authorized inspector or agent, and all enforcement officers are authorized to take possession of any certificate of title, nondriver identification card, registration, or license issued by this or any other jurisdiction, which has been revoked, canceled, or suspended, or which is fictitious, stolen, or altered.

(c)  A suspension or revocation shall be deemed to be in effect upon receipt of the notice, if made in person, or three days after the deposit of the notice in the United States mail, if made in writing and sent by first class mail to the last known address of the person.

(d)  If a presuspension or prerevocation hearing is available by law, the written notice of suspension or revocation shall so state.  Unless otherwise specifically provided by statute, a written request for a hearing must be received at the department of motor vehicles within 15 days after the date of the notice or the right to a hearing is deemed to be waived.

Sec. 2.  23 V.S.A. § 304(b)(2)(A) is amended to read:

(A)  At the request of the leader of a safety organization or service organization, upon application and payment of a fee of $10.00 for each set of plates in addition to the annual fee for registration, special plates indicating membership in one of the “safety organizations” or “service organizations” may be issued to registrants of vehicles registered at the pleasure car rate and of trucks registered for not more than 8,099 less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, who are members of these organizations.  The applicant must provide a written statement from the appropriate official of the organization, authorizing the issuance of the plates.

Sec. 3.  23 V.S.A. § 304a(b)(1) is amended to read:

(b)  Special registration plates or removable windshield placards or both shall be issued by the Vermont commissioner of motor vehicles.  The placard shall be issued without a fee to a person who is blind or has an ambulatory disability.  One set of plates shall be issued without additional fees for a vehicle registered or leased to a person who is blind or has an ambulatory disability.  The commissioner shall issue these placards or plates under rules adopted by him or her after proper application has been made to the commissioner by any person residing within the state of Vermont.  Application forms shall be available on request at the department of motor vehicles.

(1)  Upon application for a special registration plate or removable windshield placard, the commissioner shall send a form prescribed by him or her to the applicant to be signed and returned by a licensed physician, certified physician’s assistant, or licensed advanced practice registered nurse.  The commissioner shall file the form for future reference and issue the placard or plate.  A new application shall be submitted every four years in the case of placards and at every third registration renewal for plates but in no case greater than every four years.  When a licensed physician, certified physician’s assistant, or licensed advanced practice registered nurse has previously certified to the commissioner that an applicant’s condition is both permanent and stable, a special registration plate or placard may need not be renewed by the applicant without submission of a form signed by a licensed physician, certified physician’s assistant, or licensed advanced practice registered nurse.


Sec. 4.  23 V.S.A. § 603(d) is amended to read:

(d)  In addition to any other requirement of law or rule, a citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator license, junior operator license, or learner permit, or nondriver identification card.  Notwithstanding any other law or rule to the contrary, an operator license, junior operator license, or learner permit, or nondriver identification card issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay.  A license or permit issued under this section may not be issued to be valid for a period of less than 180 days.

Sec. 5.  REPEAL

23 V.S.A. § 808 (abstract of motor vehicle licensee’s operating record) is repealed.

Sec. 6.  23 V.S.A. § 1392 is amended to read:

§ 1392.  GROSS LIMITS ON HIGHWAYS

Except as provided in section 1400 of this title, a person or corporation shall not operate or cause to be operated a motor vehicle in excess of the total weight, including vehicle, object, or contrivance and load, of:

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(5)(B)  When application is made to register a motor truck under the provisions of this subdivision, the applicant shall submit to the commissioner of motor vehicles specifications as to its make, tire size, brake equipment, and manufacturer’s recommended gross weight.  In his the commissioner’s discretion, the commissioner may refuse registration for its operation under this subdivision if the specifications for the vehicle would not permit its safe operation when so loaded.

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us