S 123

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No. 66. An act relating to miscellaneous changes to laws related to motor
vehicles.
                                      (S.123)
It is hereby enacted by the General Assembly of the State of Vermont:
                        * * * Plug-in Electric Vehicles * * *
Sec. 1. 23 V.S.A. § 4(28) is amended to read:
      (28) “Pleasure car” shall include all motor vehicles not otherwise
defined in this title and shall include plug-in electric vehicles, battery electric
vehicles, or plug-in hybrid electric vehicles as defined pursuant to subdivision
(85) of this section.
                         * * * Veteran’s Designation * * *
Sec. 2. 23 V.S.A. § 7 is amended to read:
§ 7. ENHANCED DRIVER’S LICENSE; MAINTENANCE OF DATABASE
     INFORMATION; FEE
                                        ***
   (b)(1) In addition to any other requirement of law or rule, before an
enhanced license may be issued to an individual, the individual shall present
for inspection and copying satisfactory documentary evidence to determine
identity and U.S. citizenship. An A new application shall be accompanied by a
photo identity document, documentation showing the individual’s date and
place of birth, proof of the individual’s Social Security number, and
documentation showing the individual’s principal residence address. New and
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renewal application forms shall include a space for the applicant to request that
a “veteran” designation be placed on the enhanced license.
      (2) If a veteran, as defined in 38 U.S.C. § 101(2) and including an
individual disabled during active military, naval, air, or space service, as
defined in 38 U.S.C. § 101(24), requests a veteran designation and provides a
Department of Defense Form 214 or other proof of veteran status specified by
the Commissioner, and the Office of Veterans’ Affairs confirms the
individual’s status as an honorably discharged veteran; a veteran discharged
under honorable conditions; or an individual disabled during active military,
naval, air, or space service, the identification card shall include the term
“veteran” on its face.
      (3) To be issued, an enhanced license must meet the same requirements
as those for the issuance of a U.S. passport. Before an application may be
processed, the documents and information shall be verified as determined by
the Commissioner.
      (4) Any additional personal identity information not currently required
by the U.S. Department of Homeland Security shall need the approval of either
the General Assembly or the Legislative Committee on Administrative Rules
prior to the implementation of the requirements.
                                       ***
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                 * * * Documentation of Anatomical Gift * * *
Sec. 3. 23 V.S.A. § 115 is amended to read:
§ 115. NONDRIVER IDENTIFICATION CARDS
                                      ***
   (g) An identification card issued to a first-time applicant and any
subsequent renewals by that person shall contain a photograph or imaged
likeness of the applicant. The photographic identification card shall be
available at a location designated by the Commissioner. An individual issued
an identification card under this subsection that contains an imaged likeness
may renew his or her the individual’s identification card by mail. Except that a
renewal by an individual required to have a photograph or imaged likeness
under this subsection must be made in person so that an updated imaged
likeness of the individual is obtained not less often than once every nine years.
                                      ***
   (k) At the option of the applicant, his or her the applicant’s valid Vermont
license may be surrendered in connection with an application for an
identification card. In those instances, the fee due under subsection (a) of this
section shall be reduced by:
                                      ***
   (n) The Commissioner shall provide a form that, upon the individual’s
execution, shall serve as a document of an anatomical gift under 18 V.S.A.
chapter 110. An indicator shall be placed on the nondriver identification card
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of any individual who has executed an anatomical gift form in accordance with
this section.
                * * * Disability Placards for Volunteer Drivers * * *
Sec. 4. 23 V.S.A. § 304a is amended to read:
§ 304a. SPECIAL REGISTRATION PLATES AND PLACARDS FOR
         INDIVIDUALS WITH DISABILITIES
   (a) As used in this section:
      (1) “Ambulatory disability” means an impairment that prevents or
impedes walking. An individual shall be considered to have an ambulatory
disability if he or she the individual:
                                          ***
         (F) is severely limited in his or her the individual’s ability to walk
due to an arthritic, neurological, or orthopedic condition.
                                          ***
   (b) Special registration plates or removable windshield placards, or both,
shall be issued by the Commissioner. The placard shall be issued without a fee
to an individual 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 an
individual who is blind or has an ambulatory disability or to a parent or
guardian of an individual with a permanent disability. The Commissioner shall
issue these placards or plates under rules adopted by him or her the
Commissioner after proper application has been made to the Commissioner by
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any person residing within the State. 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 the Commissioner to the applicant to be signed and returned by a licensed
physician, licensed physician 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,
licensed physician 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 need not be
renewed.
                                      ***
      (3) An individual with a disability who abuses such privileges or allows
individuals not disabled to abuse the privileges provided in this section may
have this privilege revoked after suitable notice and opportunity for hearing
has been given him or her the individual by the Commissioner. Hearings
under the provisions of this section shall be held in accordance with sections
105–107 of this title and shall be subject to review by the Civil Division of the
Superior Court of the county where the individual with a disability resides.
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      (4) An applicant for a registration plate or placard for individuals with
disabilities may request the Civil Division of the Superior Court in the county
in which he or she the applicant resides to review a decision by the
Commissioner to deny his or her the applicant’s application for a special
registration plate or placard.
                                       ***
      (6) On a form prescribed by the Commissioner, a nonprofit organization
that provides volunteer drivers to transport individuals who have an
ambulatory disability or are blind may apply to the Commissioner for a
placard. Placards shall be marked “volunteer driver.” The organization shall
ensure proper use of placards and maintain an accurate and complete record of
the volunteer drivers to whom the placards are given by the organization.
Placards shall be returned to the organization when the volunteer driver is no
longer performing that service. Abuse of the privileges provided by the
placards may result in the privileges being revoked and the placards
repossessed by the Commissioner. Revocation may occur only after suitable
notice and opportunity for a hearing. Hearings shall be held in accordance
with sections 105–107 of this title.
                                       ***
   (e)(1) An individual, other than an eligible person, who for his or her the
individual’s own purposes parks a vehicle in a space for individuals with
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disabilities shall be subject to a civil penalty of not less than $200.00 for each
violation and shall be liable for towing charges.
      (2) An individual, other than an eligible person, who displays a special
registration plate or removable windshield placard not issued to him or her the
individual under this section and parks a vehicle in a space for individuals with
disabilities, shall be subject to a civil penalty of not less than $400.00 for each
violation and shall be liable for towing charges.
                                       ***
   (f) Individuals who have a temporary ambulatory disability may apply for a
temporary removable windshield placard to the Commissioner on a form
prescribed by him or her the Commissioner. The placard shall be valid for a
period of up to six months and displayed as required under the provisions of
subsection (c) of this section. The application shall be signed by a licensed
physician, licensed physician assistant, or licensed advanced practice
registered nurse. The validation period of the temporary placard shall be
established on the basis of the written recommendation from a licensed
physician, licensed physician assistant, or licensed advanced practice
registered nurse. The Commissioner shall adopt rules to implement the
provisions of this subsection.
                                 * * * Fees * * *
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Sec. 5. 23 V.S.A. § 115(a) is amended to read:
   (a)(1) Any Vermont resident may make application to the Commissioner
and be issued an identification card that is attested by the Commissioner as to
true name, correct age, residential address unless the listing of another address
is requested by the applicant or is otherwise authorized by law, and any other
identifying data as the Commissioner may require that shall include, in the case
of minor applicants, the written consent of the applicant’s parent, guardian, or
other person standing in loco parentis.
      (2) Every application for an identification card shall be signed by the
applicant and shall contain such evidence of age and identity as the
Commissioner may require, consistent with subsection (l) of this section. New
and renewal application forms shall include a space for the applicant to request
that a “veteran” designation be placed on the applicant’s identification card. If
a veteran, as defined in 38 U.S.C. § 101(2) and including an individual
disabled during active military, naval, air, or space service, as defined in 38
U.S.C. § 101(24), requests a veteran designation and provides a Department of
Defense Form 214 or other proof of veteran status specified by the
Commissioner, and the Office of Veterans’ Affairs confirms the veteran’s
status as an honorably discharged veteran; a veteran discharged under
honorable conditions; or an individual disabled during active military, naval,
air, or space service, the identification card shall include the term “veteran” on
its face.
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      (3) The Commissioner shall require payment of a fee of $29.00 at the
time application for an identification card is made, except that an initial
nondriver identification card shall be issued at no charge to:
         (A) an individual who surrenders the individual’s license in
connection with a suspension or revocation under subsection 636(b) of this title
due to a physical or mental condition; or
         (B) an individual under 23 years of age who was in the care and
custody of the Commissioner for Children and Families pursuant to 33 V.S.A.
§ 4903(4) in Vermont after attaining 14 years of age.
Sec. 6. 23 V.S.A. § 376 is amended to read:
§ 376. STATE, MUNICIPAL, FIRE DEPARTMENT, AND RESCUE
         ORGANIZATION MOTOR VEHICLES
                                       ***
   (h)(1) The EV infrastructure fee, required pursuant subsections 361(b) and
(c) of this subchapter, shall not be charged for vehicles owned by the State.
      (2) The EV infrastructure fee, required pursuant subsections 361(b) and
(c) of this subchapter, shall not be charged for vehicles that are owned by any
county or municipality in the State and used by that county or municipality or
another county or municipality in this State for county or municipal purposes.
   (i)(1) The EV infrastructure fee, required pursuant subsections 361(b) and
(c) of this subchapter, shall not be charged for a motor truck, trailer,
ambulance, or other motor vehicle that is:
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         (A) owned by a volunteer fire department or other volunteer
firefighting organization, an ambulance service, or an organization conducting
rescue operations; and
         (B) used solely for firefighting, emergency medical, or rescue
purposes, or any combination of those activities.
      (2) A motor vehicle or trailer subject to the provisions of this subsection
shall be plainly marked on both sides of the body or cab to indicate its
ownership.
Sec. 7. 23 V.S.A. § 378 is amended to read:
§ 378. VETERANS’ EXEMPTIONS
   No fees, including the annual emissions fee required pursuant to 3 V.S.A.
§ 2822(m)(1) and the electric vehicle infrastructure fees required pursuant to
section 361 of this subchapter, shall be charged an honorably discharged to a
veteran of the U.S. Armed Forces who received a discharge under other than
dishonorable conditions and is a resident of the State of Vermont for the
registration of a motor vehicle that the veteran has acquired with financial
assistance from the U.S. Department of Veterans Affairs, or for the registration
of a motor vehicle owned by him or her the veteran during his or her the
veteran’s lifetime obtained as a replacement thereof, when his or her the
veteran’s application is accompanied by a copy of an approved VA Form 21-
4502 issued by the U.S. Department of Veterans Affairs certifying him or her
the veteran to be entitled to the financial assistance.
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Sec. 8. 23 V.S.A. § 608 is amended to read:
§ 608. FEES
                                       ***
   (b) An additional fee of $4.00 per year shall be paid for a motorcycle
endorsement. The endorsement may be obtained for either a two-year or four-
year period, to be coincidental with the length of the operator’s license.
   (c)(1) Individuals under 23 years of age who were in the care and custody
of the Commissioner for Children and Families pursuant to 33 V.S.A.
§ 4903(4) in Vermont after attaining 14 years of age shall be provided with
operator’s licenses or operator privilege cards at no charge.
      (2) No additional fee shall be due for a motorcycle endorsement for an
individual under 23 years of age who was in the care and custody of the
Commissioner for Children and Families pursuant to 33 V.S.A. § 4903(4) in
Vermont after attaining 14 years of age.
Sec. 9. 23 V.S.A. § 608 is amended to read:
§ 608. FEES
                                       ***
   (d) Individuals receiving Supplemental Security Income or Social Security
Disability Income and individuals with a disability as defined in 9 V.S.A. §
4501 shall be provided with operator’s licenses or operator privilege cards for
the following fees:
      (1) Original issuance: $20.00.
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      (2) Renewal every four years: $20.00.
      (3) Replacement of lost, destroyed, or mutilated card or a new name is
required: $10.00.
                             * * * Learner’s Permits * * *
Sec. 10. 23 V.S.A. § 617 is amended to read:
§ 617. LEARNER’S PERMIT
                                         ***
   (b)(1) Notwithstanding the provisions of subsection (a) of this section, any
licensed person may apply to the Commissioner of Motor Vehicles for a
learner’s permit for the operation of a motorcycle in the form prescribed by the
Commissioner. The Commissioner shall offer both a motorcycle learner’s
permit that authorizes the operation of three-wheeled motorcycles only and a
motorcycle learner’s permit that authorizes the operation of any motorcycle.
The Commissioner shall require payment of a fee of $24.00 at the time
application is made, except that no fee shall be charged for an individual under
23 years of age who was in the care and custody of the Commissioner for
Children and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after
attaining 14 years of age.
      (2) After the applicant has successfully passed all parts of the applicable
motorcycle endorsement examination, other than a skill test, the Commissioner
may issue to the applicant a learner’s permit that entitles the applicant, subject
to subsection 615(a) of this title, to operate a three-wheeled motorcycle only,
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or to operate any motorcycle, upon the public highways for a period of 120
days from the date of issuance. The fee for the examination shall be $11.00,
except that no fee shall be charged for an individual under 23 years of age who
was in the care and custody of the Commissioner for Children and Families
pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age.
      (3) A motorcycle learner’s permit may be renewed only twice upon
payment of a $24.00 fee. An individual under 23 years of age who was in the
care and custody of the Commissioner for Children and Families pursuant to
33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age shall not be
charged a fee for the renewal of a motorcycle learner’s permit.
      (4) If, during the original permit period and two renewals the permittee
has not successfully passed the applicable skill test or motorcycle rider training
course, the permittee may not obtain another motorcycle learner’s permit for a
period of 12 months from the expiration of the permit unless:
         (A) he or she the permittee has successfully completed the applicable
motorcycle rider training course; or
         (B) the learner’s permit and renewals thereof authorized the
operation of any motorcycle and the permittee is seeking a learner’s permit for
the operation of three-wheeled motorcycles only.
                                       ***
   (c) No learner’s permit may be issued to any person under 18 years of age
unless the parent or guardian of, or a person standing in loco parentis to, the
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applicant files his or her written consent to the issuance with the
Commissioner.
   (d)(1) An applicant shall pay $24.00 to the Commissioner for each
learner’s permit or a duplicate or renewal thereof.
      (2) An applicant under 23 years of age who was in the care and custody
of the Commissioner for Children and Families pursuant to 33 V.S.A.
§ 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee
for a learner’s permit or a duplicate or renewal thereof.
      (3) A replacement learner’s permit for the operation of a motorcycle
may be generated from the applicant’s electronic account for no charge.
   (e)(1) A learner’s permit, which is not a learner’s permit for the operation
of a motorcycle, shall contain a photograph or imaged likeness of the
individual. A learner’s permit for a motor vehicle shall contain a photograph
or imaged likeness of the individual if the permit is obtained in person. The
photographic learner’s permit shall be available at locations designated by the
Commissioner.
      (2) An individual issued a permit under this subsection may renew his or
her the individual’s permit by mail or online, but a permit holder who chooses
to have a photograph or imaged likeness under this subsection must renew in
person so that an updated imaged likeness of the individual is obtained not less
often than once every nine years.
                                      ***
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                   * * * Commercial Learner’s Permit * * *
Sec. 11. 23 V.S.A. § 4111a is amended to read:
§ 4111a. COMMERCIAL LEARNER’S PERMIT
   (a) Contents of permit. A commercial learner’s permit shall contain the
following:
                                      ***
      (3) physical and other information to identify and describe the permit
holder, including the month, day, and year of birth; sex; and height; and
photograph;
                                      ***
Sec. 12. 23 V.S.A. § 4122 is amended to read:
§ 4122. DEFERRING IMPOSITION OF SENTENCE; PROHIBITION ON
         MASKING OR DIVERSION
   (a) No court, State’s Attorney, or law enforcement officer may utilize the
provisions of 13 V.S.A. § 7041 or any other program to defer imposition of
sentence or judgment if the defendant holds a commercial driver’s license,
commercial learner’s permit, or was operating a commercial motor vehicle
when the violation occurred and is charged with violating any State or local
traffic law other than a parking violation, vehicle weight, or vehicle defect
violations.
                                      ***
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                          * * * License Examinations * * *
Sec. 13. 23 V.S.A. § 632 is amended to read:
§ 632. EXAMINATION REQUIRED; WAIVER
   (a) Before an operator’s or a junior operator’s license is issued to an
applicant for the first time in this State, or before a renewal license is issued to
an applicant whose previous Vermont license had expired more than three
years prior to the application for renewal, the applicant shall pass a satisfactory
examination, except that the Commissioner may, in his or her the
Commissioner’s discretion, waive the examination when the applicant holds a
chauffeur’s, junior operator’s, or operator’s license in force at the time of
application or within three years prior to the application in some other
jurisdiction where an examination is required similar to the examination
required in this State.
   (b) The examination shall consist of:
                                       ***
      (3) at the discretion of the Commissioner, such other examination or
demonstration as he or she the Commissioner may prescribe, including an oral
eye examination.
   (c) An applicant may have an individual of his or her the applicant’s
choosing at the oral examination or road test to serve as an interpreter,
including to translate any oral commands given as part of the road test.
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Sec. 14. 23 V.S.A. § 634 is amended to read:
§ 634. FEE FOR EXAMINATION
                                        ***
   (b)(1) A Beginning on or before July 1, 2026, a scheduling fee of $29.00
shall be paid by the applicant before the applicant may schedule the road test
required under section 632 of this title. Unless an applicant gives the
Department at least 48 hours’ notice of cancellation, if
      (2) If the applicant does not appear as scheduled, the $29.00 scheduling
fee is shall be forfeited, unless either:
         (A) the applicant gives the Department at least 48 hours’ notice; or
         (B) the applicant shows good cause for the cancellation, as
determined by the Commissioner.
      (3) If the applicant appears for the scheduled road test, the fee shall be
applied toward the license examination fee. The Commissioner may waive the
scheduling fee until the Department is capable of administering the fee
electronically.
                                        ***
               * * * Non-Real ID Operator’s Privilege Cards * * *
Sec. 15. 23 V.S.A. § 603 is amended to read:
§ 603. APPLICATION FOR AND ISSUANCE OF LICENSE
   (a)(1) The Commissioner or his or her the Commissioner’s authorized
agent may license operators and junior operators when an application, on a
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form prescribed by the Commissioner, signed and sworn to by the applicant for
the license, is filed with him or her the Commissioner, accompanied by the
required license fee and any valid license from another state or Canadian
jurisdiction is surrendered.
         (2) The Commissioner may, however, in his or her the Commissioner’s
discretion, refuse to issue a license to any person whenever he or she the
Commissioner is satisfied from information given him or her the
Commissioner by credible persons, and upon investigation, that the person is
mentally or physically unfit or, because of his or her the person’s habits or
record as to crashes or convictions, is unsafe to be trusted with the operation of
motor vehicles. A person refused a license under the provisions of this
subsection shall be entitled to hearing as provided in sections 105–107 of this
title.
                                        ***
   (d) Except as provided in subsection (e) of this section:
         (1) A An applicant who is a citizen of a foreign country shall produce
his or her the applicant’s 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’s license, junior operator’s
license, or learner’s permit.
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      (2) An operator’s license, junior operator’s license, or learner’s permit
issued to an applicant who is a citizen of a foreign country shall expire
coincidentally with his or her the applicant’s authorized duration of stay.
   (e)(1) A citizen of a foreign country unable to establish legal presence in
the United States who furnishes reliable proof of Vermont residence and of
name, date of birth, and place of birth, and who satisfies all other requirements
of this chapter for obtaining a license or permit, shall be eligible to obtain an
operator’s privilege card, a junior operator’s privilege card, or a learner’s
privilege card.
                                       ***
   (f) Persons Applicant’s able to establish lawful presence in the United
States but who otherwise fail to comply with the requirements of the REAL ID
Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an
operator’s privilege card, a junior operator’s privilege card, or a learner’s
privilege card, provided the applicant furnishes reliable proof of Vermont
residence and of name, date of birth, and place of birth, and satisfies all other
requirements of this chapter for obtaining a license or permit. The
Commissioner shall require applicants under this subsection to furnish a
document or a combination of documents that reliably proves the applicant’s
Vermont residence and his or her the applicant’s name, date of birth, and place
of birth.
                                       ***
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   (h) A privilege card issued under this section shall:
      (1) on its face bear the phrase “privilege card” “non-Real ID” and text
indicating that it is not valid for federal identification or official purposes; and
                                        ***
                          * * * License Extension * * *
Sec. 16. 23 V.S.A § 604 is added to read:
§ 604. EARLY RENEWAL
   (a) The holder of an operator’s license or privilege card issued under the
provisions of this subchapter may renew the operator’s license or privilege
card at any time prior to the expiration of the operator’s license or privilege
card. If one or more years remain before the expiration of the operator’s
license or privilege card, the Commissioner shall reduce the cost of the
renewed operator’s license or privilege card by an amount that is proportionate
to the number of years rounded down to the next whole year remaining before
the expiration of the operator’s license or privilege card.
   (b) All application and documentation requirements for the renewal of an
operator’s license or privilege card shall apply to the early renewal of an
operator’s license or privilege card.
Sec. 17. 23 V.S.A. § 115b is added to read:
§ 115b. EARLY RENEWAL
   (a) The holder of a nondriver identification card issued under the
provisions of section 115 of this chapter may renew the nondriver
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identification card at any time prior to the expiration of the nondriver
identification card. If one or more years remain before the expiration of the
nondriver identification card, the Commissioner shall reduce the cost of the
renewed nondriver identification card by an amount that is proportionate to the
number of years rounded down to the next whole year remaining before the
expiration of the nondriver identification card.
   (b) All application and documentation requirements for the renewal of a
nondriver identification card pursuant to section 115 of this chapter shall apply
to the early renewal of a nondriver identification card.
Sec. 18. INFORMATION REGARDING PRIVILEGE CARDS AND
         NONDRIVER IDENTIFICATION CARDS; INTENT
   It is the intent of the General Assembly that the Commissioner of Motor
Vehicles, to the extent permitted by federal law, ensures that any individual
who is unable to or does not wish to comply with the requirements of the
REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201 and 202 continues to be
informed of the option of applying for an operator’s privilege card pursuant to
the provisions of 23 V.S.A. § 603(f) or a nondriver identification card pursuant
to the provisions of 23 V.S.A. § 115.
Sec. 19. OUTREACH; UPDATES
   (a) On or before November 15, 2025, the Department of Motor Vehicles
shall develop and implement a public education and outreach campaign to
inform Vermont residents about:
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      (1) an individual’s ability to obtain an operator’s license, operator’s
privilege card, or nondriver identification card;
      (2) an individual’s ability under Vermont law to self-attest with respect
to the gender marker on the individual’s operator’s license, operator’s privilege
card, or nondriver identification card; and
      (3) reduced fees that are available to individuals who meet certain
requirements.
   (b) The Commissioner shall provide two brief, written updates to the House
and Senate Committees on Transportation regarding the implementation and
utilization of 23 V.S.A. §§ 115b and 604. The first shall be due not more than
30 days after the Department implements the provisions of 23 V.S.A. §§ 115b
and 604 and the second shall be due in January 2026.
                   * * * Commercial Driving Instructors * * *
Sec. 20. 23 V.S.A. § 705 is amended to read:
§ 705. QUALIFICATIONS FOR INSTRUCTOR’S LICENSE
   (a) In order to qualify for an instructor’s license, each applicant shall:
      (1) not have been convicted of:
         (A) a felony nor incarcerated for a felony within the 10 years prior to
the date of application;
         (B) a violation of section 1201 of this title or a like offense in another
jurisdiction reported to the Commissioner pursuant to subdivision 3905(a)(2)
of this title within the three years prior to the date of application;
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            (C) a subsequent violation of an offense listed in subdivision
2502(a)(5) of this title or of section 674 of this title; or
            (D) a sex offense that requires registration pursuant to 13 V.S.A.
chapter 167, subchapter 3;
         (2) pass such an examination as required by the Commissioner shall
require on:
            (A) traffic laws;
            (B) safe driving practices;
            (C) operation of motor vehicles; and
            (D) qualifications as a teacher;
         (3) be physically able to operate a motor vehicle and to train others in
such operation;
         (4) have five years’ experience as a licensed operator and be at least 21
years of age on date of application; and
         (5) pay the application and license fees prescribed in section 702 of this
title.
   (b) Commercial motor vehicle instructors shall satisfy the requirements of
subdivisions (a)(1), (2), (3), and (5) of this section, and:
         (1) If the commercial motor vehicle instructor is a behind the wheel
(BTW) instructor, shall either:
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         (A)(i) hold a CDL of the same or higher class and with all
endorsements necessary to operate the commercial motor vehicle for which
training is to be provided;
             (ii) have at least two years of experience driving a commercial
motor vehicle requiring the same or higher class of CDL and any applicable
endorsements required to operate the commercial motor vehicle for which
training is to be provided; and
             (iii) meet any additional applicable State requirements for
commercial motor vehicle instructors; or
         (B)(i) hold a CDL of the same or higher class and with all
endorsements necessary to operate the commercial motor vehicle for which
training is to be provided;
             (ii) have at least two years’ experience as a BTW instructor; and
             (iii) meet any additional applicable State requirements for
commercial motor vehicle instructors.
      (2) If the commercial motor vehicle instructor is a theory instructor, the
instructor shall:
         (A)(i) hold a CDL of the same or higher class and with all
endorsements necessary to operate the commercial motor vehicle for which
training is to be provided;
             (ii) have at least two years of experience driving a commercial
motor vehicle requiring the same or higher class of CDL and any applicable
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endorsements required to operate the commercial motor vehicle for which
training is to be provided; and
               (iii) meet any additional applicable State requirements for
commercial motor vehicle instructors; or
            (B)(i) hold a CDL of the same or higher class and with all
endorsements necessary to operate the commercial motor vehicle for which
training is to be provided;
               (ii) have at least two years’ experience as a BTW instructor; and
               (iii) meet any additional applicable State requirements for
commercial motor vehicle instructors.
                          * * * Motorcycle Instructors * * *
Sec. 21. 23 V.S.A. § 734 is amended to read:
§ 734. INSTRUCTOR REQUIREMENTS AND TRAINING
                                         ***
   (b) The Department shall establish minimum requirements for the
qualifications of a rider training instructor. The minimum requirements shall
include the following:
                                         ***
         (3) the instructor shall have at least four two years of licensed
experience as a motorcycle riding experience operator during the last five four
years;
                                         ***
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      (7) an applicant shall not be eligible for instructor status until his or her
the applicant’s driving record for the preceding five years, or the maximum
number of years less than five for which a state retains driving records, is
furnished; and
                                       ***
                        * * * Motor Vehicle Taxes * * *
Sec. 22. 32 V.S.A. § 8902 is amended to read:
§ 8902. DEFINITIONS
   Unless otherwise expressly provided, as used in this chapter:
                                       ***
      (5)(A) “Taxable cost” means the purchase price as defined in
subdivision (4) of this section or the taxable cost as determined under section
8907 of this title.
          (B) For any purchaser who has paid tax on the purchase or use of a
motor vehicle that was sold or traded by the purchaser or for which the
purchaser received payment under a contract of insurance, the taxable cost of
the replacement motor vehicle other than a leased vehicle shall exclude:
          (A)(i) The value allowed by the seller on any motor vehicle accepted
by the seller as part of the consideration of the motor vehicle, provided the
motor vehicle accepted by the seller is owned and previously or currently
registered or titled by the purchaser, with no change of ownership since
registration or titling, except for motor vehicles for which registration is not
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required under the provisions of Title 23 or motor vehicles received under the
provisions of subdivision 8911(8) of this title.
         (B)(ii) The amount received from the sale of a motor vehicle last
registered or titled in the seller’s name, the amount not to exceed the clean
trade-in value of the same make, type, model, and year of manufacture as
designated by the manufacturer and as shown in the NADA Official Used Car
Guide (New England edition) J.D. Power Values, or any comparable
publication, provided such the sale occurs within three months after the taxable
purchase. However, this three-month period shall be extended day-for-day for
any time that a member of a guard unit or of the U.S. Armed Forces, as defined
in 38 U.S.C. § 101(10), spends outside Vermont due to activation or
deployment and an additional 60 days following the individual’s return from
activation or deployment. Such The amount shall be reported on forms
supplied by the Commissioner of Motor Vehicles.
         (C)(iii) The amount actually paid to the purchaser within three
months prior to the taxable purchase by any insurer under a contract of
collision, comprehensive, or similar insurance with respect to a motor vehicle
owned by him or her the purchaser, provided that the vehicle is not subject to
the tax imposed by subsection 8903(d) of this title and provided that one of
these events occur:
            (i)(I) the motor vehicle with respect to which such the payment is
made by the insurer is accepted by the seller as a trade-in on the purchased
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motor vehicle before the repair of the damage giving rise to insurer’s payment;
or
             (ii)(II) the motor vehicle with respect to which such the payment
is made to the insurer is treated as a total loss and is sold for dismantling.
          (D)(C) A purchaser shall be entitled to a partial or complete refund of
taxes paid under subsection 8903(a) or (b) of this title if an insurer makes a
payment to him or her the purchaser under contract of collision,
comprehensive, or similar insurance after he or she the purchaser has paid the
tax imposed by this chapter, if such the payment by the insurer is either:
                                       ***
          (E)(D) The purchase price of a motor vehicle subject to the tax
imposed by subsections 8903(a) and (b) of this title shall not be reduced by the
value received or allowed in connection with the transfer of a vehicle that was
registered for use as a short-term rental vehicle.
                                       ***
Sec. 23. 32 V.S.A. § 8907 is amended to read:
§ 8907. COMMISSIONER; COMPUTATION OF TAXABLE COSTS
     (a) The Commissioner may investigate the taxable cost of any motor
vehicle transferred subject to the provisions of this chapter. If the motor
vehicle is not acquired by purchase in Vermont or is received for an amount
that does not represent actual value, or if no tax form is filed or it appears to
the Commissioner that a tax form contains fraudulent or incorrect information,
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the Commissioner may, in the Commissioner’s discretion, fix the taxable cost
of the motor vehicle at the clean trade-in value of vehicles of the same make,
type, model, and year of manufacture as designated by the manufacturer, as
shown in the NADA Official Used Car Guide (New England Edition) J.D.
Power Values or any comparable publication, less the lease end value of any
leased vehicle. The Commissioner may develop a process to determine the
value of vehicles that do not have clean trade-in value in J.D. Power Values.
The Commissioner may compute and assess the tax due and notify the
purchaser verbally, if the purchaser is at a DMV location, or immediately by
certified mail, and the purchaser shall remit the same within 15 days thereafter
after notice is sent or provided.
                                      ***
Sec. 24. 32 V.S.A. § 8914 is amended to read:
§ 8914. REFUND
   Any overpayment of such tax as determined by the Commissioner shall be
refunded. To be eligible to receive a refund, a person shall submit a request for
a refund within one year after paying the tax.
                     * * * Refund of Registration Fee * * *
Sec. 25. 23 V.S.A. § 326 is amended to read:
§ 326. REFUND UPON LOSS OF VEHICLE
   The Commissioner may cancel the registration of a motor vehicle when the
owner of the motor vehicle proves to the Commissioner’s satisfaction that the
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motor vehicle has been totally destroyed by fire or, through crash or wear, has
become wholly unfit for use and has been dismantled. After the Commissioner
cancels the registration and the owner returns to the Commissioner either the
registration certificate or the number plate or number plates, or other proof of
cancellation to the satisfaction of the Commissioner, the Commissioner shall
certify to the Commissioner of Finance and Management the fact of the
cancellation, giving the name of the owner of the motor vehicle, the owner’s
address, the amount of the registration fee paid, and the date of cancellation.
The Commissioner of Finance and Management shall issue the Commissioner
of Finance and Management’s warrant in favor of the owner for such percent
of the registration fee paid as the unexpired term of the registration bears to the
entire registration period, but in no case shall the Commissioner of Finance and
Management retain less than $5.00 of the fee paid.
                          * * * Fuel Tax Refunds * * *
Sec. 26. 23 V.S.A. § 3020 is amended to read:
§ 3020. CREDITS AND REFUNDS
   (a) Credits.
      (1) A user who purchased fuel within this State from a dealer or
distributor upon which he or she the user paid the tax at the time of purchase,
or a user exempt from the payment of the tax under subsection 3003(d) of this
title who purchased fuel within this State upon which he or she the user paid
tax at the time of purchase, shall be entitled to a credit equal to the amount of
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tax per gallon in effect when the fuel was purchased. When the amount of the
credit to which any user is entitled for any reporting period exceeds the amount
of his or her the user’s tax for the same period, the excess shall be credited to
the user’s tax account and the user shall be notified of the date and amount of
the credit by mail.
                                       ***
      (3) A user who also sells or delivers fuel subject to the tax imposed by
32 V.S.A. chapter 233 upon which the tax imposed by this chapter has been
paid shall be entitled to a credit equal to the amount of such tax paid pursuant
to this chapter. When the amount of the credit to which any user is entitled for
any reporting period exceeds the amount of his or her the user’s tax for the
same period, the excess shall be credited to the user’s tax account and the user
shall be notified of the date and amount of the credit by mail.
                                       ***
   (b) Refunds. A user may request, in writing by mail, a refund of any
credits in the user’s tax account, but in no case may a user collect a refund
requested more than 33 12 months following the date the amount was credited
to the user’s tax account.
                                       ***
                       * * * Alteration of Odometers * * *
Sec. 27. 23 V.S.A. § 1704a is amended to read:
§ 1704a. ALTERATION OF ODOMETERS
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   (a) Any person who sells No person shall:
       (1) sell, attempts attempt to sell, or causes cause to be sold any motor
vehicle, highway building appliance, motorboat, all-terrain vehicle, or
snowmobile and has actual knowledge that if the odometer, hubometer
reading, or clock meter reading has been changed, tampered with, or defaced
without first disclosing same and a person who changes, tampers with, or
defaces, or who attempts that information to the buyer;
       (2) change, tamper with, or deface, or attempt to change, tamper with, or
deface, any gauge, dial, or other mechanical instrument, commonly known as
an odometer, hubometer, or clock meter, in a motor vehicle, highway building
appliance, motorboat, all-terrain vehicle, or snowmobile, which, under normal
circumstances and without being changed, tampered with, or defaced, is
designed to show by numbers or words the distance that the motor vehicle,
highway building appliance, motorboat, all-terrain vehicle, or snowmobile
travels,; or who
       (3) willfully misrepresents misrepresent the odometer, hubometer, or
clock meter reading on the odometer disclosure statement or similar statement,
title, or bill of sale.
   (b) A person who violates subsection (a) of this section shall be fined not
more than $1,000.00 for a first offense and fined not more than $2,500.00 for
each subsequent offense.
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                      * * * Definition of Conviction * * *
Sec. 28. 23 V.S.A. § 102 is amended to read:
§ 102. DUTIES OF COMMISSIONER
                                       ***
   (d)(1) The Commissioner may authorize background investigations for
potential employees, which may include criminal, traffic, and financial records
checks; provided, however, that the potential employee is notified and has the
right to withdraw his or her their name from application. Additionally,
employees who are involved in the manufacturing or production of operator’s
licenses and identification cards, including enhanced licenses, or who have the
ability to affect the identity information that appears on a license or
identification card, or current employees who will be assigned to such
positions, shall be subject to appropriate background checks and shall be
provided notice of the background check and the contents of that check. These
background checks shall include a name-based and fingerprint-based criminal
history records check using at a minimum the Federal Bureau of
Investigation’s National Crime Information Center and the Integrated
Automated Fingerprint Identification database and State repository records on
each covered employee.
      (2) Employees may be subject to further appropriate security clearances
if required by federal law, including background investigations that may
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include criminal and traffic records checks and providing proof of U.S.
citizenship.
      (3) The Commissioner may, in connection with a formal disciplinary
investigation, authorize a criminal or traffic record background investigation of
a current employee; provided, however, that the background review is relevant
to the issue under disciplinary investigation. Information acquired through the
investigation shall be provided to the Commissioner or designated division
director and must be maintained in a secure manner. If the information
acquired is used as a basis for any disciplinary action, it must be given to the
employee during any pretermination hearing or contractual grievance hearing
to allow the employee an opportunity to respond to or dispute the information.
If no disciplinary action is taken against the employee, the information
acquired through the background check shall be destroyed.
   (e) As used in this section, “conviction” has the same meaning as in
subdivision 4(60) of this title.
Sec. 29. 23 V.S.A. § 108 is amended to read:
§ 108. APPLICATION FORMS
   (a) The Commissioner shall prepare and furnish all forms for applications,
crash reports, conviction reports, a pamphlet containing the full text of the
motor vehicle laws of the State, and all other forms needed in the proper
conduct of his or her the Commissioner’s office. He or she The Commissioner
shall furnish an adequate supply of such registration forms, license
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applications, and motor vehicle laws each year to each town clerk, and to such
other persons as may so upon request.
   (b) As used in this section, “conviction” has the same meaning as in
subdivision 4(60) of this title.
Sec. 30. 23 V.S.A. § 1709 is amended to read:
§ 1709. REPORT OF CONVICTIONS TO COMMISSIONER OF MOTOR
         VEHICLES
   (a) The Judicial Bureau and every court having jurisdiction over offenses
committed under any law of this State or municipal ordinance regulating the
operation of motor vehicles on the highways shall forward a record of any
conviction to the Commissioner within 10 days for violation of any State or
local law relating to motor vehicle traffic control, other than a parking
violation.
   (b) As used in this section, “conviction” has the same meaning as in
subdivision 4(60) of this title.
Sec. 31. 23 V.S.A. § 1200 is amended to read:
§ 1200. DEFINITIONS
   As used in this subchapter:
                                      ***
      (11) As used in this section, “conviction” has the same meaning as in
subdivision 4(60) of this title.
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                           * * * Drunken Driving * * *
Sec. 32. 23 V.S.A. § 1205 is amended to read:
§ 1205. CIVIL SUSPENSION; SUMMARY PROCEDURE
   (a) Refusal; alcohol concentration at or above legal limits; suspension
periods.
                                        ***
       (2) Upon affidavit of a law enforcement officer that the officer had
reasonable grounds to believe that the person was operating, attempting to
operate, or in actual physical control of a vehicle in violation of section 1201
of this title and that the person submitted to a test and the test results indicated
that the person’s alcohol concentration was at or above a limit specified in
subsection 1201(a) of this title, at the time of operating, attempting to operate,
or being in actual physical control, the Commissioner shall suspend the
person’s operating license or nonresident operating privilege or the privilege of
an unlicensed operator to operate a vehicle for a period of 90 days and until the
person complies with section 1209a of this title. However, during the
suspension, an eligible person may operate under the terms of an ignition
interlock RDL or ignition interlock certificate issued pursuant to section 1213
of this title.
                                        ***
   (b) Form of officer’s affidavit. A law enforcement officer’s affidavit in
support of a suspension under this section shall be in a standardized form for
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use throughout the State and shall be sufficient if it contains the following
statements:
                                       ***
      (4) The officer informed the person of his or her the person’s rights
under subsection 1202(d) of this title.
      (5) The officer obtained an evidentiary test (noting the time and date the
test was taken) and the test indicated that the person’s alcohol concentration
was at or above a legal limit specified in subsection 1201(a) or (d) of this title,
or the person refused to submit to an evidentiary test.
                                       ***
   (c) Notice of suspension. On behalf of the Commissioner of Motor
Vehicles, a law enforcement officer requesting or directing the administration
of an evidentiary test shall serve notice of intention to suspend and of
suspension on a person who refuses to submit to an evidentiary test or on a
person who submits to a test the results of which indicate that the person’s
alcohol concentration was at or above a legal limit specified in subsection
1201(a) or (d) of this title, at the time of operating, attempting to operate, or
being in actual physical control of a vehicle in violation of section 1201 of this
title. The notice shall be signed by the law enforcement officer requesting the
test. A copy of the notice shall be sent to the Commissioner of Motor
Vehicles, and a copy shall be mailed or given to the defendant within three
business days after the date the officer receives the results of the test. If
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mailed, the notice is deemed received three days after mailing to the address
provided by the defendant to the law enforcement officer. A copy of the
affidavit of the law enforcement officer shall also be mailed by first-class mail
or given to the defendant within seven days after the date of notice.
                                       ***
   (h) Final hearing.
      (1) If the defendant requests a hearing on the merits, the court shall
schedule a final hearing on the merits to be held within 21 days after the date
of the preliminary hearing. In no event may a final hearing occur more than 42
days after the date of the alleged offense without the consent of the defendant
or for good cause shown. The final hearing may only be continued by the
consent of the defendant or for good cause shown. The issues at the final
hearing shall be limited to the following:
                                       ***
         (D) Whether the test was taken and the test results indicated that the
person’s alcohol concentration was at or above a legal limit specified in
subsection 1201(a) or (d) of this title, at the time of operating, attempting to
operate, or being in actual physical control of a vehicle in violation of section
1201 of this title, whether the testing methods used were valid and reliable, and
whether the test results were accurate and accurately evaluated. Evidence that
the test was taken and evaluated in compliance with rules adopted by the
Department of Public Safety shall be prima facie evidence that the testing
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methods used were valid and reliable and that the test results are accurate and
were accurately evaluated.
                                        ***
   (i) Finding by the court. The court shall electronically forward a report of
the hearing to the Commissioner. Upon a finding by the court that the law
enforcement officer had reasonable grounds to believe that the person was
operating, attempting to operate, or in actual physical control of a vehicle in
violation of section 1201 of this title and that the person refused to submit to a
test, or upon a finding by the court that the law enforcement officer had
reasonable grounds to believe that the person was operating, attempting to
operate, or in actual physical control of a vehicle in violation of section 1201
of this title and that the person submitted to a test and the test results indicated
that the person’s alcohol concentration was at or above a legal limit specified
in subsection 1201(a) or (d) of this title, at the time the person was operating,
attempting to operate, or in actual physical control, the person’s operating
license, or nonresident operating privilege, or the privilege of an unlicensed
operator to operate a vehicle shall be suspended or shall remain suspended for
the required term and until the person complies with section 1209a of this title.
Upon a finding in favor of the person, the Commissioner shall cause the
suspension to be canceled and removed from the record, without payment of
any fee.
                                        ***
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   (n) Presumption. In a proceeding under this section, if at any time within
two hours of operating, attempting to operate, or being in actual physical
control of a vehicle a person had an alcohol concentration of at or above a legal
limit specified in subsection 1201(a) or (d) of this title, it shall be a rebuttable
presumption that the person’s alcohol concentration was at or above the
applicable limit at the time of operating, attempting to operate, or being in
actual physical control.
                                        ***
Sec. 33. 23 V.S.A. § 1205(d) is amended to read:
   (d) Form of notice. The notice of intention to suspend and of suspension
shall be in a form prescribed by the Supreme Court. The notice shall include
an explanation of rights, a form to be used to request a hearing, and, if a
hearing is requested, the date, time, and location of the Criminal Division of
the Superior Court where the person must appear for a preliminary hearing.
The notice shall also contain, in boldface print, the following:
      (1) You have the right to ask for a hearing to contest the suspension of
your operator’s license.
      (2) This notice shall serve as a temporary operator’s license and is valid
until 12:01 a.m. of the date of suspension. If this is your first violation of
section 1201 of this title and if you do not request a hearing, your license will
be suspended as provided in this notice. If this is your second or subsequent
violation of section 1201 of this title, your license will be suspended on the
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11th day after you receive this notice. It is a crime to drive while your license
is suspended unless you have been issued an ignition interlock restricted
driver’s license or ignition interlock certificate.
                                        ***
                     * * * Registration Fees for Trucks * * *
Sec. 34. 23 V.S.A. § 367 is amended to read:
§ 367. TRUCKS
   (a)(1) The annual fee for registration of tractors, truck-tractors, or motor
trucks except truck cranes, truck shovels, road oilers, bituminous distributors,
and farm trucks used as specified in subsection (f) of this section shall be based
on the total weight of the truck-tractor or motor truck, including body and cab
plus the heaviest load to be carried. In computing the fees for registration of
tractors, truck-tractors, or motor trucks with trailers or semi-trailers attached,
except trailers or semi-trailers with a gross weight of less than 6,000 6,099
pounds, the fee shall be based upon the weight of the tractor, truck-tractor, or
motor truck, the weight of the trailer or semi-trailer, and the weight of the
heaviest load to be carried by the combined vehicles. In addition to the fee set
out in the following schedule, the fee for vehicles weighing between 10,000
10,100 and 25,999 26,099 pounds inclusive shall be an additional $42.53, the
fee for vehicles weighing between 26,000 26,100 and 39,999 40,099 pounds
inclusive shall be an additional $85.03, the fee for vehicles weighing between
40,000 40,100 and 59,999 60,099 pounds inclusive shall be an additional
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$297.68, and the fee for vehicles 60,000 60,100 pounds and over shall be an
additional $467.80. The fee shall be computed at the following rates per 1,000
pounds of weight determined pursuant to this subdivision and rounded up to
the nearest whole dollar; the minimum fee for registering a tractor, truck-
tractor, or motor truck to 6,000 6,099 pounds shall be the same as for the
pleasure car type:
         $18.21 when the weight exceeds 6,000 pounds but does not exceed
8,000 pounds is at least 6,100 pounds but not more than 8,099 pounds.
         $20.83 when the weight exceeds 8,000 pounds but does not exceed
12,000 pounds is at least 8,100 pounds but not more than 12,099 pounds.
         $22.97 when the weight exceeds 12,000 pounds but does not exceed
16,000 pounds is at least 12,100 pounds but not more than 16,099 pounds.
         $24.56 when the weight exceeds 16,000 pounds but does not exceed
20,000 pounds is at least 16,100 pounds but not more than 20,099 pounds.
         $25.71 when the weight exceeds 20,000 pounds but does not exceed
30,000 pounds is at least 20,100 pounds but not more than 30,099 pounds.
         $26.26 when the weight exceeds 30,000 pounds but does not exceed
40,000 pounds 30,100 pounds but not more than 40,099 pounds.
         $26.90 when the weight exceeds 40,000 pounds but does not exceed
50,000 pounds is at least 40,100 pounds but not more than 50,099 pounds.
         $27.13 when the weight exceeds 50,000 pounds but does not exceed
60,000 pounds is at least 50,100 pounds but not more than 60,099 pounds.
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         $28.06 when the weight exceeds 60,000 pounds but does not exceed
70,000 pounds is at least 60,100 pounds but not more than 70,099 pounds.
         $29.00 when the weight exceeds 70,000 pounds but does not exceed
80,000 pounds is at least 70,100 pounds but not more than 80,099 pounds.
         $29.94 when the weight exceeds 80,000 pounds but does not exceed
90,000 pounds is at least 80,100 pounds but not more than 90,099 pounds.
     (2) Fractions of 1,000 pounds shall be computed at the next highest
1,000 pounds, excepting, however, fractions of hundredweight shall be
disregarded. [Repealed.]
                                    ***
                      * * * Purchase and Use Tax * * *
Sec. 35. 32 V.S.A. § 8902 is amended to read:
§ 8902. DEFINITIONS
  Unless otherwise expressly provided, as used in this chapter:
                                    ***
     (6) “Motor vehicle” shall have has the same definition meaning as in 23
V.S.A. § 4(21).
                                    ***
     (12) “Mail” has the same meaning as in 23 V.S.A. § 4(87).
Sec. 36. 32 V.S.A. § 8905 is amended to read:
§ 8905. COLLECTION OF TAX; EDUCATION; APPEALS
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   (a) Every purchaser of a motor vehicle subject to a tax under subsection
8903(a) of this title shall forward such the tax form to the Commissioner,
together with the amount of tax due at the time of first registering or
transferring a registration to such the motor vehicle as a condition precedent to
registration thereof of the vehicle.
   (b) Every person subject to a use tax under subsection 8903(b) of this title
shall forward such the tax form and the tax due to the Commissioner with the
registration application or transfer, as the case may be, and fee at the time of
first registering or transferring a registration to such the motor vehicle as a
condition precedent to registration thereof of the vehicle.
                                        ***
   (d) Every person required to collect the use tax under subsection 8903(d) of
this title shall forward such the tax and a report of same the tax on forms
prescribed and furnished by the Commissioner at the frequency determined by
the Commissioner.
                                        ***
   (f) Every person subject to the tax imposed by subsection 8903(g) of this
title shall forward the tax form and the tax due to the Commissioner along with
the title application and fee at the time of applying for a certificate of title to
such the motor vehicle as a condition precedent to the titling thereof of the
motor vehicle.
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   (g) The Commissioner shall establish procedures for taxpayers to file an
appeal regarding the taxpayer’s liability for the tax due pursuant to section
8903 of this chapter and compliance with the requirements of this section. The
procedures shall include a process by which a taxpayer can resolve the dispute
prior to the issuance of a final administrative decision on the appeal.
   (h) The Commissioner shall create educational and outreach materials for
taxpayers that provide information regarding the appeal process established
pursuant to subsection (g) of this section and opportunities to resolve disputes.
                             * * * Excessive Speed * * *
Sec. 37. 23 V.S.A. § 2502 is amended to read:
§ 2502. POINT ASSESSMENT; SCHEDULE
   (a) Unless the assessment of points is waived by a Superior judge or a
Judicial Bureau hearing officer in the interests of justice and in accordance
with subsection 2501(b) of this title, a person operating a motor vehicle shall
have points assessed against his or her the person’s driving record for
convictions for moving violations of the indicated motor vehicle statutes in
accord with the following schedule: (All references are to this title of the
Vermont Statutes Annotated.)
                                        ***
      (9) Eight points assessed for sections 1003 and, 1007, and 1097. State
speed zones and local speed limits, more than 30 miles per hour over and in
excess of the speed limit.
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                                       ***
                           * * * Tinted Windows * * *
Sec. 38. 2024 Acts and Resolves No. 165, Secs. 14, 15, and 16 are amended to
read:
   Sec. 14. [Deleted.]
   Sec. 15. [Deleted.]
   Sec. 16. [Deleted.]
                         * * * All-Terrain Vehicles * * *
Sec. 39. 23 V.S.A. § 3501 is amended to read:
§ 3501. DEFINITIONS
   As used in this chapter:
        (1) “All-terrain vehicle” or “ATV” means any nonhighway recreational
vehicle, except snowmobiles, having not less than two low pressure tires (10
pounds per square inch, or less); not wider than 64 72 inches, with two-wheel
ATVs having permanent, full-time power to both wheels; and having a dry
weight of less than 2,500 pounds, when used for cross-country travel on trails
or on any one of the following or a combination thereof: land, water, snow, ice,
marsh, swampland, and natural terrain. An ATV on a public highway shall be
considered a motor vehicle, as defined in section 4 of this title, only for the
purposes of those offenses listed in subdivisions 2502(a)(1)(H), (N), (R), (U),
(Y), (FF), (GG), (II), and (AAA); (2)(A) and (B); (3)(A), (B), (C), and (D);
(4)(A) and (B); and (5) of this title and as provided in section 1201 of this title.
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An ATV does not include an electric personal assistive mobility device, a
motor-assisted bicycle, or an electric bicycle.
                                      ***
           * * * Purchase and Use Tax and Inspections Report * * *
Sec. 40. MOTOR VEHICLE PURCHASE AND USE TAX; INSPECTIONS;
         REPORT
   (a) On or before January 31, 2026, the Commissioner of Motor Vehicles
shall submit a written report to the House Committees on Transportation and
on Ways and Means and the Senate Committees on Finance and on
Transportation regarding the process for determining the taxable cost of a used
motor vehicle for purposes of the purchase and use tax and the impact of
annual motor vehicle safety and emissions inspections on Vermonters.
   (b) The report shall include, at a minimum, the following:
      (1) the number of persons during calendar years 2024 and 2025 who
utilized the dealer appraisal process for determining the taxable cost of a used
motor vehicle for purposes of the purchase and use tax;
      (2) the age and type of vehicles for which the dealer appraisal process
was utilized during calendar years 2024 and 2025;
      (3) the difference between the clean trade-in value and the appraised
value of vehicles for which the dealer appraisal process was utilized during
calendar years 2024 and 2025;
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      (4) the number of appeals of the taxable cost of a motor vehicle that
were filed in calendar years 2024 and 2025;
      (5) the number appeals that resulted in a revision of the taxable cost and
the difference between the originally assessed taxable cost and the revised
taxable cost following the appeal;
      (6) a summary of issues identified by persons contacting the Department
pursuant to subsection (c) of this section;
      (7) a summary of funding and other assistance related to annual motor
vehicle safety and emissions inspections that is available to Vermonters with
lower income;
      (8) an examination of the potential approaches to reduce the financial
burden of annual motor vehicle safety and emissions inspections on
Vermonters, including the potential to reduce the frequency of inspections to
every two years; and
      (9) any recommendations for legislative action.
   (c)(1) The Commissioner of Motor Vehicles shall establish an email
address or other electronic means, or both, for Vermonters to contact the
Department of Motor Vehicles regarding concerns with the motor vehicle
purchase and use tax process.
      (2) The Commissioner of Motor Vehicles shall establish an email
address or other electronic means, or both, for Vermonters to contact the
Department of Motor Vehicles regarding the affordability of the annual motor
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vehicle inspection process and suggestions for reducing the financial impact of
the inspection process on Vermonters.
      (3) The Commissioner shall conduct outreach at Department locations,
on the Department’s website, and through motor vehicle dealers to make the
public aware of the opportunity to contact the Department pursuant to
subdivisions (1) and (2) of this subsection.
                         * * * Operation of Bicycles * * *
Sec. 41. 23 V.S.A. § 1139 is amended to read:
§ 1139. RIDING ON ROADWAYS AND BICYCLE PATHS
   (a) A person Due care and riding on the right. An individual operating a
bicycle upon a roadway shall exercise due care when passing a standing
vehicle or one proceeding in the same direction. Bicyclists generally shall ride
as near to the right side of the improved area of the highway right-of-way as is
safe, except that a bicyclist:
                                       ***
   (b) Persons riding Riding two abreast. Individuals operating bicycles upon
a roadway may shall not ride more than two abreast except on paths or parts of
roadways set aside for the exclusive use of bicycles or except as otherwise
permitted by the Commissioner of Public Safety in connection with a public
sporting event in which case the Commissioner shall be authorized to adopt
such rules as the public good requires. Persons Individuals riding two abreast
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shall not impede the normal and reasonable movement of traffic and, on a
laned roadway, shall ride within a single lane.
   (c) Obedience to traffic-control devices and traffic-control signals. An
individual operating a bicycle shall follow all traffic-control devices and
traffic-control signals governing motor vehicles except that an individual
operating a bicycle who is facing a “walk” signal, as defined in section 1023 of
this chapter, may make a turn or proceed across the roadway or intersection in
the direction of the signal but shall yield the right of way to any vehicles or
pedestrians in the roadway or intersection.
   (d) Riding on a partially controlled access highway. Bicycles may be
operated on the shoulders of partially controlled access highways, which are
those highways where access is controlled by public authority but where there
are some connections with selected public highways, some crossings at grade,
and some private driveway connections. The Traffic Committee may
determine that any portion of these highways is unsafe and therefore closed to
bicycle operation.
Sec. 42. 23 V.S.A. § 1139a is added to read:
§ 1139a. BICYCLE CONTROL SIGNALS
   (a) Bicycles shall obey bicycle-control signals. An individual operating a
bicycle shall obey the instructions of a bicycle-control signal, if present,
instead of any traffic-control signal for motor vehicles.
   (b) Bicycle-control signal legend.
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      (1) Green bicycle signal.
         (A) An individual operating a bicycle facing a green bicycle signal
may proceed straight through the intersection or turn right or left unless a sign
prohibits such a turn, provided that:
            (i) the individual operating the bicycle will not be in conflict with
any simultaneous motor vehicle movements at that location; or
            (ii) the bicycle movement at that location is not modified by lane-
use signs, turn-prohibition signs, pavement markings, separate turn signal
indications, or other traffic-control devices.
         (B) An individual operating a bicycle pursuant to a green bicycle
signal, including when turning right and left, shall yield the right-of-way to
other individuals operating bicycles and pedestrians that are in the intersection
when the signal is exhibited.
      (2) Steady yellow bicycle signal. An individual operating a bicycle
facing a steady yellow bicycle signal is warned that the steady green signal is
being terminated and that the red signal will be exhibited immediately
following the steady yellow signal, at which time bicycle traffic traveling in
that direction shall not enter the intersection.
      (3) Steady red bicycle signal.
         (A) An individual operating a bicycle facing a steady red bicycle
signal alone shall stop at a clearly marked stop line, or if there is none, shall
stop before entering the crosswalk on the near side of the intersection.
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         (B) Except when a sign is in place prohibiting a turn, an individual
operating a bicycle facing a steady red bicycle signal may:
             (i) cautiously enter the intersection to turn right; or
             (ii) after stopping as required pursuant to subdivision (A) of this
subdivision (b)(3), turn left from a one-way street onto a one-way street.
         (C) An individual making a turn pursuant to subdivision (B) of this
subdivision (b)(3) shall yield the right-of-way to pedestrians and other vehicles
that are in the intersection.
         (D) An individual operating a bicycle shall not turn right when facing
a red arrow signal unless a sign permitting such a turn is present.
         (E) An individual operating a bicycle to the left of adjacent motor
vehicle traffic approaching the same intersection shall be prohibited from
turning right when facing a steady red bicycle signal and an individual
operating a bicycle to the right of adjacent motor vehicle traffic approaching
the same intersection shall be prohibited from turning left when facing a steady
red bicycle signal.
Sec. 43. BICYCLE OPERATION AT STOP SIGNS AND SIGNALS;
          EDUCATION; OUTREACH
   On or before April 1, 2026, the Commissioners of Motor Vehicles and of
Public Safety, in consultation with stakeholders representing bicyclists,
pedestrians, municipalities, and law enforcement agencies, shall develop
education and outreach materials to inform vehicle operators, law enforcement
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officers, municipalities, and members of the public regarding the laws
governing to the operation of bicycles on roadways, including at signalized
intersections. The materials shall include both written and graphical materials
explaining permitted bicycle operations and requirements for the operation of
motor vehicles in relation to bicycles, including safe passing distance
requirements.
                             * * * Legal Trails * * *
Sec. 44. FINDINGS; INTENT; LEGAL TRAILS
   (a) Findings. The General Assembly finds the following:
      (1) Outdoor recreation is a significant part of Vermont’s identity and
economy.
      (2) Trails provide Vermonters and visitors with access to natural beauty
throughout the State and are used for a wide variety of outdoor recreational
activities throughout the year.
      (3) Some trails are also used by Vermonters for travel or to access their
homes and properties.
      (4) The State and municipalities use some trails to provide maintenance
to State and municipal lands and facilities, as well as to provide public safety
and rescue services.
      (5) Trails may require regular maintenance to ensure that they remain
passable and can continue to support recreation, travel, access, and various
public services.
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        (6) While many trails in Vermont have been established through private
easements or other agreements, a subset of trails, known as legal trails, lie
along public rights-of-way that were once town highways and are governed by
the provisions of 19 V.S.A. chapter 3.
   (b) Intent. It is the intent of the General Assembly to clarify
municipalities’ authority to exclusively or cooperatively maintain legal trails
under the provisions of 19 V.S.A. chapter 3.
Sec. 45. 19 V.S.A. chapter 3 is amended to read:
                       CHAPTER 3. TOWN HIGHWAYS
§ 301. DEFINITIONS
   As used in this chapter:
                                      ***
        (2) “Legislative body” includes boards of selectmen, aldermen, and
village trustees means a legislative body as defined in 24 V.S.A. § 2001.
        (3) “Selectmen” includes village trustees and aldermen “Selectboard”
means a selectboard as defined in 24 V.S.A. § 2001.
                                      ***
        (8)(A) “Trail” means a public right-of-way that is not a highway and
that:
             (i) municipalities have the authority to exclusively or
cooperatively maintain pursuant to the provisions of this chapter; and
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              (A)(ii)(I) previously was a designated town highway having the
same width as the designated town highway, or a lesser width if so designated;
or
              (B)(II) a new public right-of-way laid out as a trail by the
selectmen legislative body for the purpose of providing access to abutting
properties or for recreational use.
           (B) Nothing in this section subdivision (8) shall be deemed to
independently authorize the condemnation of land for recreational purposes or
to affect the authority of selectmen legislative bodies to reasonably regulate the
uses of recreational trails.
§ 302. CLASSIFICATION OF TOWN HIGHWAYS
     (a) For the purposes of this section and receiving State aid, all town
highways shall be categorized into one or another of the following classes:
                                        ***
        (2) Class 2 town highways are those town highways selected as the most
important highways in each town. As far as practicable, they shall be selected
with the purposes of securing trunk lines of improved highways from town to
town and to places that by their nature have more than normal amount of
traffic. The selectmen legislative body, with the approval of the Agency, shall
determine which highways are to be class 2 highways.
        (3) Class 3 town highways:
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         (A) Class 3 town highways are all traveled town highways other than
class 1 or 2 highways. The selectmen legislative body, after conference with a
representative of the Agency, shall determine which highways are class 3 town
highways.
                                       ***
      (5) Trails shall not be considered highways and the town. A
municipality shall have the authority to maintain trails but shall not be
responsible for any maintenance, including culverts and bridges.
                                       ***
§ 303. TOWN HIGHWAY CONTROL
   Town highways shall be under the general supervision and control of the
selectmen legislative body of the town where the roads are located. Selectmen
The legislative body of a town shall supervise all expenditures.
§ 304. DUTIES OF SELECTBOARD
   (a) It shall be the duty and responsibility of the selectboard of the town to,
or acting as a board, it shall have the authority to:
                                       ***
      (16) Unless the town electorate votes otherwise, under the provisions of
17 V.S.A. § 2646, appoint a road commissioner, or remove him or her the road
commissioner from office, pursuant to 17 V.S.A. § 2651. Road
commissioners, elected or appointed, shall have only the powers and authority
regarding highways granted to them by the selectboard.
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                                      ***
      (24) Maintain trails, but shall not be required to maintain trails.
                                      ***
                           * * * Effective Dates * * *
Sec. 46. EFFECTIVE DATES
   (a) This section and Secs. 16 and 17 (early renewal of operator’s licenses,
operator’s privilege cards, and nondriver identification) shall take effect on
passage.
   (b) Sec. 45 (maintenance of legal trails) shall take effect on April 1, 2026.
   (c) Secs. 9 (reduced license fees for individuals receiving SSI or SSDI
benefits) and 41 (operation of bicycles) shall take effect on July 1, 2026.
   (d) The remaining sections shall take effect on July 1, 2025.
Date Governor signed bill: June 12, 2025
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