§ 4801. Definitions
As used in this chapter:
(1) "Director" means the director of the office of professional regulation.
(2) "Disciplinary action" means an action by an administrative law officer appointed under 3 V.S.A. § 129 premised upon a finding of wrongdoing. It also means a sanction of any kind, including denying, suspending, or revoking a permit or license, issuing warnings, and other sanctions.
(3) "Motor vehicle" means a land vehicle propelled or drawn by power other than muscular power, including an automobile; midget, sprint, or stock car; go-cart; all-terrain vehicle; motorcycle; and snowmobile.
(4) "Municipality" means a town, city, or village.
(5) "Office" means the office of professional regulation.
(6) "Permittee" means the permit holder.
(7) "Race" means a race, scramble, demolition derby, or contest involving a motor vehicle as defined in this section at which prizes or other consideration is awarded to participants or admission is charged to spectators. However, this subdivision shall not apply to sports car events as defined in subdivision (11) of this section.
(8) "Regulation," unless otherwise specified, means a regulation or rule or amendment, revision, or repeal of a regulation or rule adopted by the commission.
(9) "Scramble" means a motorcycle race on a prescribed course over rugged terrain, usually a half-mile or more in length.
(10) "Selectboard" includes the mayor and board of aldermen or city council of a city, or the trustees of a village;
(11) A "sports car event" is an event in which one motor vehicle at a time competes over a defined course against a set standard and includes standards as to time, distance, and performance, including rallies, gymkhanas, autocrosses, hill climbs, and performance trials. (Added 2005, No. 27, § 116.)
§ 4802. Permit required
(a) No person shall conduct or hold any race, without first acquiring a permit from the director and from the selectboard of the municipality where the race is to be held. Permits duly signed and certified to by the selectboard and director shall be filed with the clerk in the municipality where the race is to be held.
(b) A person violating any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2005, No. 27, § 116; amended 2007, No. 29, § 75.)
§ 4803. Director; duties
(a) The director shall:
(1) Provide general information to applicants for racing permits.
(2) Explain appeal procedures to permittees and applicants and complaint procedures to the public.
(3) Administer fees as established by law.
(4) Receive applications for permits, administer inspections of tracks, provide permits to applicants qualified under this chapter, and renew, revoke, and reinstate permits as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The director may adopt rules necessary to perform his or her duties under this chapter and shall establish safety standards for protection of the public pursuant to the provisions of this chapter. The director shall seek the advice of the advisor appointees in drafting and adopting those rules. (Added 2005, No. 27, § 116.)
§ 4804. Advisor appointees
(a) The secretary of state shall appoint three advisors for five-year terms to serve at the secretary's pleasure in matters relating to motor vehicle racing.
(b) The director shall seek the advice of the advisors in carrying out the provisions of this chapter. (Added 2005, No. 27, § 116.)
§ 4805. Contents and conditions of permits
A separate permit shall be required for each location of a race. Each application shall be submitted in writing on a form furnished by the director, accompanied by payment of a fee required by this chapter, prior to a race or scramble. The application shall include: the name and address of the permittee; a description of the location where the race is to be held; the days and hours on which the race is to be held; details of the way in which the safety standards set out in section 4811 of this title and in rule are to be implemented; the number of spectators anticipated; the service and accommodations to be provided by the permittee during the race; and other information as may be required by the director. A permittee shall only be authorized to hold the type of race for which the permittee's specific tracks and locations have been inspected and approved. (Added 2005, No. 27, § 116; amended 2005, No. 148 (Adj. Sess.), § 51.)
§ 4806. Fees; dispositions
(a) Notwithstanding the fee provisions of 3 V.S.A. § 125, applicants and persons regulated under this chapter shall pay the following fees:
(1) Annual event permit applications:
(A) Auto racing $ 800.00; (B) Go-cart, snowmobile, or motorcycle racing $ 500.00; (2) Unlimited event permit applications: (A) Auto racing $ 1,250.00; (B) Go-cart, snowmobile, or motorcycle racing $ 1,250.00; (3) Single event permit applications: (A) Auto racing $ 500.00; (B) Go-cart, snowmobile, or motorcycle racing $ 500.00; (4) Annual event permit biennial renewals: (A) Auto racing $ 500.00; (B) Go-cart, snowmobile, or motorcycle racing $ 500.00; (5) Unlimited event permit biennial renewals: (A) Auto racing $ 2,500.00; (B) Go-cart, snowmobile, or motorcycle racing $ 2,500.00.
(b) A municipality where a race is to be held may charge an additional fee, not to exceed the municipality's costs associated with the race.
(c) A single event permit shall authorize any number of events within a 10-day period in the same location and on the same racing track. An annual-event permit shall authorize any number of events within two 10-day periods in consecutive years and may be renewed every two years.
(d) Notwithstanding the provisions of subdivision (a)(3)(B) of this section, a person in good standing incorporated or authorized to transact business as a nonprofit corporation under Title 11B shall pay a fee of $100.00 for a single-event snowmobile racing permit. (Added 2005, No. 27, § 116; amended 2009, No. 103 (Adj. Sess.), § 52; 2011, No. 128 (Adj. Sess.), § 2a.)
§ 4807. Renewals
(a) Permits shall be renewed every two years upon payment of the required fee.
(b) Biennially, the director shall forward a renewal form to each permit holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new permit.
(c) Any application for renewal of a permit which has expired shall be accompanied by the renewal fee and late renewal penalty. A person shall not be required to pay renewal fees for years during which the permit was lapsed. (Added 2005, No. 27, § 116.)
§ 4808. Proof of insurance required
Permittees shall file with the director and the clerk of the municipality issuing a permit a liability insurance certificate showing a current policy covering bodily injury with limits of not less than $500,000.00 per individual and $2 million per event and property damage with limits of not less than $2 million. (Added 2005, No. 27, § 116.)
§ 4809. Regulations under which a race may be conducted
The director shall adopt and publish, and from time to time may alter, amend, or repeal, safety rules pertaining to racing and track standards. The safety standards set forth in section 4811 of this title shall be minimum standards only, and the director may prescribe additional or more stringent safety rules as circumstances may require. (Added 2005, No. 27, § 116.)
§ 4810. Inspection and suspension
The director or his or her designees may inspect race facilities before or during any race and may suspend a permit immediately for failure to comply with this chapter or with any administrative rule or any of the conditions under which the permit was issued. (Added 2005, No. 27, § 116.)
§ 4811. Safety standards
Minimum safety standards for the conduct of any race covered by this chapter are established as follows:
(1) Each race track shall have a substantial fence of steel wire or plank construction or other barrier not less than three feet high between the track and area designated for spectators. No grandstand shall be constructed or spectators allowed on a curved side of a track. For motorcycle, ATV, or snowmobile racing, each track shall have a snow fence or other suitable barrier not less than four feet high between the track and the area designated for spectators. The outside portion of all tracks shall be a reasonable distance from the spectators.
(2) Each racing promoter or permittee shall provide proper police protection, fire protection, and medical aid and enforce sanitary and health measures at all times.
(3) Any driver shall have a legal operator's license. Any driver under the age of majority shall have the written consent of a parent or guardian. A person under 10 years of age shall not be allowed in the pit area.
(4) No operator suspected of being in violation of 23 V.S.A. § 1201 shall be permitted to drive in.
(5) The enforcement of all track safety standards shall be under the jurisdiction of the Director and the Department of Public Safety and the cost of enforcement shall be paid by the permittee.
(6) Any rules adopted by the Director or permittee for the protection of life, health, and property shall be posted in a conspicuous place at all times. (Added 2005, No. 27, § 116; amended 2013, No. 138 (Adj. Sess.), § 50a.)
§ 4812. Police protection
Adequate police protection within the grounds and the vicinity of a race and the adjacent public highways shall be provided by the permittee as required by the director. Expenses for police protection shall be borne by the permittee, and no funds shall be expended from the appropriation of the department of public safety for that protection. (Added 2005, No. 27, § 116.)
§ 4813. Unprofessional conduct
(a) A permittee shall not engage in unprofessional conduct. When unprofessional conduct is committed by an applicant, it may be grounds for denial of the application or other disciplinary action.
(b) Unprofessional conduct means a failure to comply with the provisions of this chapter, the safety standards set forth by administrative rule, or the conduct set forth in 3 V.S.A. § 129a.
(c) After notice and an opportunity for hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a permittee or applicant. (Added 2005, No. 27, § 116.)