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Terms Used In Vermont Statutes Title 23 Sec. 308

  • Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. 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.
  • 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
  • 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
  • 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
  • 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

§ 308. Suspension, revocation, and denial of registration; reinstatement fee

(a) The Commissioner may suspend or revoke the registration of any motor vehicle registered in this State and repossess the number plates assigned to it, when he or she is satisfied that:

(1) the vehicle has been stolen and that the registrant does not have legal title;

(2) the vehicle is in such poor mechanical condition as to make its operation and use a menace or danger;

(3) the vehicle is operated without proper equipment after the owner has been notified to procure and use such equipment as is required by law or Department rules;

(4) the owner of the motor vehicle has perpetrated some fraud upon the Department of Motor Vehicles;

(5) the owner of the motor vehicle is a habitual user of alcohol to excess;

(6) the number plates were erroneously issued;

(7) suspension or revocation is authorized under any other provision of law; or

(8) the commercial motor carrier responsible for safety of the vehicle has been prohibited from operating by a federal agency.

(b) The Commissioner shall deny registration if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant’s business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. A person whose privilege to operate has been suspended in accordance with subsection 3009(b) or 3103(b) of this title or section 110 of this title where the payments were due pursuant to section 3015 or 3106 of this title shall be ineligible for registration. The Department shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder.

(c) Prior to terminating the revocation of a registration or reinstating a registration following suspension, the Commissioner shall require payment of a fee equivalent to the fee prescribed in section 675 of this title, except that no such fee shall be imposed if the registration was suspended or revoked following its erroneous issuance by the Commissioner. This fee shall be in addition to any other fee that may be required by law. (Amended 1997, No. 85 (Adj. Sess.), § 5; 2009, No. 39, § 1; 2015, No. 159 (Adj. Sess.), § 12; 2017, No. 83, § 161(4).)