Vermont Statutes Title 23 Sec. 1396
Terms Used In Vermont Statutes Title 23 Sec. 1396
- 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.
- 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.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. 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.
- 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
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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
§ 1396. Special weight limits for bridges and highways
(a) When, in the opinion of the Secretary of Transportation, a highway or bridge on the State Highway System or class 1 town highway, or when, in the opinion of the legislative body of a municipality, any class 2, 3, or 4 town highway or bridge under the jurisdiction of the municipality may be varied from the weight limit specified in section 1392 of this title, then the Secretary of Transportation for the State Highway System or the legislative body may designate the legal load limit for the highway or bridge. However, when the legislative body of a municipality requests in writing, the Secretary of Transportation may set the weight limit on a class 1 town highway at less than the State highway limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the State highway limit.
(b) In making the determination as to whether a reasonable alternative route is available, the Secretary of Transportation shall, at a minimum, consider the following factors:
(1) whether the alternative routing will reduce or relieve traffic congestion in a downtown area;
(2) whether the alternative routing will enhance safety;
(3) the length of the alternative route, and any increase in time made necessary by use of the alternative route;
(4) whether an adverse effect has been created relative to the quiet enjoyment and property values of persons living along the alternative route.
(c) Any decision of the Secretary made under this section may be appealed, in writing, to the Transportation Board within 30 days of the Secretary’s decision. The Transportation Board shall decide the question within 45 days of receipt of the appeal and may take evidence or testimony. Except as otherwise provided, the designated legal load limit for the highway or bridge shall not be less than 20,000 pounds for a single traction engine, tractor, trailer, motor truck, or other motor vehicle for the State system or any class 1 or 2 town highway nor less than 16,000 pounds for any other town highway. (Amended 1993, No. 61, § 27, eff. June 3, 1993; 1993, No. 186 (Adj. Sess.), § 3; 1995, No. 119 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 203; 2021, No. 184 (Adj. Sess.), § 43, eff. July 1, 2022.)