Terms Used In Vermont Statutes > Title 16 > Chapter 37 > Subchapter 4 - Eligibility and Tuition

• Adult student: means a resident of this State, of any age, who has completed high school and who needs additional career technical education for entry into the labor force or who needs to upgrade skills to qualify for higher pay or for more dependable employment. See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affected employees: means employees who may be expected to experience an employment loss as a consequence of a proposed or actual business closing or mass layoff by their employer. See
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural custom service vehicle: means a motor truck used on a farm for planting, harvesting, or transporting crops or waste products produced on the farm that is owned by a person providing custom services who is not a farmer as defined in 32 V. See
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• ASV: means any non-highway recreational vehicle, except a snowmobile, when used for cross-country travel on trails or on any one of the following or combination of the following: land, water, snow, ice, marsh, swampland, and natural terrain. See
• Auction dealer: means a person who is authorized to do business in this State and is engaged in the sale of motor vehicles at public auction subject to the provisions of sections 451, 458, 459, 463, and 466-468 of this title. See
• Autocycle: means a three-wheeled motorcycle:

• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bargaining unit: means a group of employees recognized by the municipal employer or certified by the Board as appropriate for exclusive representation by an employee organization for purposes of collective bargaining. See
• battery electric vehicle: means a motor vehicle that can only be powered by an electric motor drawing current from a rechargeable energy storage system; and

• Board: means the Board established in section 952 of this title. See
• Business closing: means :

• Carrying capacity of a motor truck: shall be deemed to be the heaviest net load to be carried. See
• Category I special purpose vehicle: means a vehicle that is used exclusively as a back hoe, bucket loader, grader, truck shovel (wheeled excavator), street sweeper, or forklift truck. See
• Category II special purpose vehicle: means a vehicle that is used exclusively as a truck crane, wrecker, concrete form truck, concrete pumper truck, bituminous distributor, calcium chloride distributor, full or semi-flotation applicator, well driller tender truck (these vehicles may tow a pickup truck), permanently mounted well drilling machine, road oiler, water tanker used for dust control, or a truck used to transport a building by use of a "transportation dolly" as defined in subdivision 4(54) of this title. See
• Combined time off: means a policy wherein the employer provides time off from work for vacation, sickness, or personal reasons, and the employee has the option to use all of the leave for whatever purpose he or she chooses. See
• Commercial fleet inspection station: shall mean a company or business that has been designated by the Commissioner as an official commercial fleet inspection station, provided it has 10 or more motor vehicles registered in the name of the company or business and meets all the requirements for designation as an official inspection station. See
• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Commissioner: means the Commissioner of Labor. See
• Commissioner: means the Commissioner of Labor. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• compensation: means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative use transportation: means the collective nonprofit use by two or more persons of privately owned vehicles when providing transportation is not the primary business of the owner of the vehicle or driver of the vehicle, or both, but is incidental to his or her livelihood. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dealer: means a person, partnership, corporation, or other entity engaged in the business of selling or exchanging new or used motor vehicles, snowmobiles, motorboats, or all-terrain vehicles. See
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Labor. See
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Earned sick time: means discretionary time earned and accrued under the provisions of this subchapter and used by an employee to take time off from work for the purposes listed in subdivisions 483(a)(1)-(5) of this subchapter. See
• Eight-light system: shall mean four alternately flashing red signal lamps, two at the front and two at the rear, to operate automatically when a school bus is stopped and four alternately flashing amber signal lamps, two at the front and two at the rear, to be operated by the driver at an appropriate distance before stopping the bus. See
• Electric bicycle: means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:

• Employee: means a municipal employee as defined in this section. See
• Employee: means a person who, in consideration of direct or indirect gain or profit, has been continuously employed by the same employer for a period of one year for an average of at least 30 hours per week. See
• Employee: means a person who, in consideration of direct or indirect gain or profit, is employed by an employer for an average of no less than 18 hours per week during a year. See
• Employer: means any person that employs:

• Employer: means an individual, organization, or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within this State which for the purposes of parental leave employs 10 or more individuals who are employed for an average of at least 30 hours per week during a year and for the purposes of family leave employs 15 or more individuals for an average of at least 30 hours per week during a year. See
• Employer: means any individual, organization, or governmental body, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within this State. See
• Employment loss: means the termination of employment that is the direct result of a business closing or mass layoff. See
• Enforcement officers: shall include :

• engaged in the business: means having sold or exchanged at least 12 cars or motor trucks, or a combination thereof, in the immediately preceding year, or 24 in the two immediately preceding years. See
• Enhanced license: means an operator's license, commercial driver's license, junior operator's license, or nondriver identification card that denotes identity and citizenship and includes facilitative technology identified by the Department of Homeland Security. See
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Family leave: means a leave of absence from employment by an employee who works for an employer which employs 15 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:

• Farm tractor: means a traveling power plant or a self-propelled device that functions as part of crop production, harvesting, feeding, or livestock management or is used for drawing a farm trailer as defined in subdivision (69) of this section. See
• Farm trailer: means a vehicle or equipment designed and adapted exclusively for tilling, planting, harvesting, management, or for carrying inputs to or outputs from agricultural, horticultural, or livestock-raising operations, or farm equipment, without motive power, designed to be drawn by a motor vehicle, a farm truck, or a farm tractor, and, in any case, not subject to registration if used upon the highway. See
• Farm truck: means a motor truck that, at the option of the owner, may be registered under the provisions of subsection 367(f) of this title or may be unregistered when used in accordance with subsection 370(b) of this title. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Fraud: Intentional deception resulting in injury to another.
• Fresh pursuit: includes fresh pursuit as defined by the common law, and also the pursuit of a suspected violator of the criminal laws or other laws of this State, for which he or she is, or might be, subject to arrest, by an enforcement officer. See
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Intersecting highway: shall mean any highway that joins another at an angle, whether or not it crosses the other; but a driveway leading to or from private grounds shall not be interpreted to be a highway. See
• Jitney: shall include any motor vehicle, not designated for the carrying of merchandise or freight, advertised or regularly used for carrying passengers for hire, but not operating over a fixed route, including motor vehicles operated for hire in connection with a livery business, but shall not include any such vehicle that the owner thereof uses in an emergency for such purpose, nor one that an employer uses to transport his or her employees to and from their work, nor one that is used at least 75 percent of the time in the transportation of schoolchildren or under authority granted to a school board under 16 V. See
• Junior operator: shall include only such persons as are 16 and 17 years of age. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Library: means a public library as defined in subdivision 101(2) of this title; any college, university, or school library; or any other library or archive that is open on a regular basis and makes available on site or circulates materials to the public without a fee. See
• Mass layoff: means a permanent employment loss of at least 50 employees at one or more worksites in Vermont during any 90-day period. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Motor bus: shall include any motor vehicle with a seating capacity of more than seven persons, other than a street car, operated upon the public streets and highways along a regular route, and in such operation receiving, discharging, and transporting passengers for hire. See
• Motor truck: means any motor vehicle designed primarily for the transportation of property and shall be construed to include truck tractor-semitrailer and truck tractor-semitrailer-trailer combinations. See
• Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
• Motor-assisted bicycle: means any bicycle or tricycle with fully operable pedals and equipped with a motor that in itself is capable of producing a top speed of not more than 20 miles per hour on a paved level surface when ridden by an operator who weighs 170 pounds and either:

  (I) has an internal combustion motor with a power output of not more than 1,000 watts or 1. See

• Motor-driven cycle: means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, and that is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. See
• Motorcycle: means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and electric personal assistive mobility devices. See
• Motorized highway building equipment: shall include all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, compressors, power shovels, excavators, dumpsters, concrete mixers, bucket loaders, snow loaders, rooters, and scarifiers, except road oilers and bituminous distributors, which contain as an integral part thereof and within the same unit facilities for generating motor power for propelling the same and while being used exclusively for the building, repair, or maintenance of highways, or being transported or moved from job to job in connection with the building, repair, or maintenance of highways; or, for purposes of registration only, if owned and operated by a municipality, while being used exclusively for municipal purposes; however, the town road commissioner, or comparable municipal officer, shall report annually to the legislative body of the municipality that the equipment is in good repair; tractors used exclusively as a power unit in drawing road making appliances or in the transportation of same or of such tractor from job to job in connection with the building, repair, or maintenance of highways. See
• Municipal fleet inspection station: shall mean a municipality that has been designated as an official municipal fleet inspection station, provided it has motor vehicles registered in the name of the municipality and meets all the requirements for designation as an official inspection station. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Neighborhood electric vehicle: means a self-propelled electrically powered motor vehicle that:

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresident: shall include any person who does not come under the definition of a resident. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• On-track equipment: means any car, locomotive, rolling stock, equipment, or other device that, alone or coupled, is operated on stationary rails. See
• Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more. See
• Paid time off policy: means any policy under which the employer provides paid time off from work to the employee that includes a combination of one or more of the following:

• Parental leave: means a leave of absence from employment by an employee who works for an employer which employs 10 or more individuals who are employed for an average of at least 30 hours per week during the year for one of the following reasons:

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patron registration records: means library records that contain information a library patron must provide in order to be eligible for borrowing privileges at a library. See
• Patron transaction records: means library records that contain names or other personal identifying information that discloses an individual's activities within a library, including the materials that have been viewed in print or electronic form, research questions posed, materials in any format that the patron has requested through interlibrary loan or has borrowed, or any other library service or consultation that the patron has requested. See
• Pedestrian: means any person afoot and shall also include any person 16 years of age or older operating an electric personal assistive mobility device. See
• Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Personal radio frequency identification number chip: shall mean the number assigned to the transmitting chip in an enhanced license. See
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleasure car: shall include all motor vehicles not otherwise defined in this title. See
• plug-in hybrid electric vehicle: means a motor vehicle that can be powered by an electric motor drawing current from a rechargeable energy storage system but also has an onboard combustion engine. See
• Portable electronic device: means a portable electronic or computing device, including a cellular telephone, personal digital assistant (PDA), or laptop computer. See
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Privilege to operate: includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license. See
• Public information: means any State data that are included within the information deemed to be public pursuant to the Public Records Act and other provisions of law providing for release of information to the public at large or to specified groups or recipients. See
• public road: shall include all parts of any bridge, culvert, roadway, street, square, fairground, or other place open temporarily or permanently to public or general circulation of vehicles, and shall include a way laid out under authority of law. See
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Repossession: includes the transport of a repossessed vehicle to a location specified by the lienholder or owner at whose direction the vehicle was repossessed. See
• Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
• road: shall include bridges thereon and their approaches. See
• Road making appliances: shall mean all bulldozers, rollers, scrapers, graders, spreaders, pavers, retreading machines, compressors, power shovels, excavators, rock crushers, concrete mixers, snow loaders, bucket loaders, rooters, portable electric generators, pavement heaters, sweepers, steam boilers, traffic control boards, screening plants, asphalt reclaimers, and scarifiers designed to be and while being drawn by a separate motorized power unit and while being used exclusively for building, repair, or maintenance of roads or highways or while being transported from job to job in connection with the building, repair, or maintenance of roads or highways, except contractor's trailers. See
• Safety glass: shall mean any product composed of safety glazing materials so manufactured, fabricated, or treated as substantially to prevent shattering and flying when struck or broken. See
• School bus: means any motor vehicle used to transport children to or from school or in connection with school activities, except:

• School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
• Self-funded web portal: means the centralized electronic information system by which public information is disseminated or collected via the Internet, supported entirely with fees collected for financial transactions through the portal. See
• Serious illness: means an accident, disease, or physical or mental condition that:

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Short-term rental: means a period of less than one year. See
• Specialized fuel driven motor vehicle: shall include all motor vehicles, the power for which is generated otherwise than by gasoline or by diesel "fuel" as defined in section 3002 of this title, excluding steam road rollers, tractors used entirely for work on the farm, and vehicles running only upon rails or tracks. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• State Board: means the State Board of Education established by chapter 3 of this title. See
• State data: means any information stored, gathered, or generated in electronic or magnetic form by a State agency. See
• Statute: A law passed by a legislature.
• Stiff hitch: shall mean a tow bar used by a self-propelled motor vehicle to tow another self-propelled motor vehicle while all the wheels of the towed vehicle remain in contact with the ground. See
• Storage trailer: means any regularly manufactured box type trailer that has been removed from normal over-the-highway service and is used solely for the storage of commodities at a fixed site for extended periods of time. See
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Towing business: means a person that regularly engages in one or more of the following: recovery, impoundment, transport, storage, or disposal of motor vehicles. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Tractor: shall include a motor vehicle designed or used primarily as a traveling power plant or for drawing other vehicles, and not so constructed as to carry any load other than a part of the weight of the vehicles and load so drawn, excepting, however, motorized highway building equipment. See
• Trailer: is a vehicle without motive power designed to be drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle excepting, however, road making appliances and transportation dollies, and "semi-trailer" is a vehicle without motive power, designed to be drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle, excepting, however, pole dinkeys, transportation dollies, and road making appliances. See
• Trailer coach: shall mean any trailer or semi-trailer designed to be towed by a motor vehicle and designed, equipped, or used for sleeping, eating, or living quarters. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transporter: means :

• Truck crane: shall mean a motor truck equipped with a permanently mounted hoisting apparatus, winch, or derrick, designed for the moving of objects, with no provision for carrying a load on the body of such truck crane except equipment used for the operation of a hoisting apparatus, winch, or derrick. See
• Truck tractor: shall include a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. See
• Trustee: A person or institution holding and administering property in trust.
• Type II school bus: means a school bus with a manufacturer's rated seating capacity of more than 10 and fewer than 16 passengers, including the operator. See
• Vulnerable user: means a pedestrian; an operator of highway building, repair, or maintenance equipment or of agricultural equipment; a person operating a wheelchair or other personal mobility device, whether motorized or not; a person operating a bicycle or other nonmotorized means of transportation (such as roller skates, rollerblades, or roller skis); a person operating a motor-assisted bicycle or an electric bicycle; or a person riding, driving, or herding an animal. See
• working day: means any calendar day except Saturday, Sunday, or any day classified as a holiday under 1 V. See
• Wrecker: shall mean a motor truck equipped with a permanently mounted hoisting apparatus, winch, or derrick, designed for moving and towing motor vehicles, with no provision for carrying a load on the body of the truck except motor vehicles, parts and equipment used for the repair of motor vehicles, and equipment used for the operation of a hoisting apparatus, winch, or derrick. See