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Terms Used In Vermont Statutes Title 23 Sec. 1408

  • Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • 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
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. 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

§ 1408. Operating vehicle in excess of registered capacity

A motor truck, tractor, trailer, or other vehicle, machine, or contrivance shall not be operated or moved upon any highway with a gross weight, including load and vehicle, greater than the total registered weight of the vehicle and the declared registered capacity thereof and a tolerance of five percent. In a prosecution for a violation of this section, the proper defendant shall be either the owner or lessee of the vehicle, machine, or contrivance or the person who operates the vehicle, machine, or contrivance. This section shall not apply to the operation of a motor truck, tractor, trailer, or other vehicle, machine, or contrivance while being operated strictly in compliance with and in conformity to the provisions of a permit so to do issued by the Commissioner of Motor Vehicles as otherwise provided in this title. (Amended 1959, No. 97, eff. April 8, 1959; 1969, No. 212 (Adj. Sess.), § 7, eff. March 25, 1970; 1971, No. 228 (Adj. Sess.), § 24; 1983, No. 86, § 4; 1995, No. 89 (Adj. Sess.), § 2.)