Vermont Statutes Title 23 Sec. 3513
Terms Used In Vermont Statutes Title 23 Sec. 3513
- 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 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. See
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Motor Vehicles unless otherwise stated. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Secretary: means the Secretary of Natural Resources. 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
- VASA: means the Vermont ATV Sportsman's Association, a statewide association of ATV clubs. See
§ 3513. Liability insurance; authority to contract for law enforcement services
(a) The amount of 90 percent of the fees and penalties collected under this chapter, except interest, is allocated to the Department of Forests, Parks and Recreation for use by the Vermont ATV Sportsman’s Association (VASA) for development and maintenance of a Statewide ATV Trail Program, for trail liability insurance, and to contract for law enforcement services with any constable, sheriff’s department, municipal police department, the Department of Public Safety, and the Department of Fish and Wildlife for purposes of trail compliance pursuant to this chapter. The Departments of Public Safety and of Fish and Wildlife are authorized to contract with VASA to provide these law enforcement services. The Department of Forests, Parks and Recreation shall retain for it use up to $7,000.00 during each fiscal year to be used for administration of the State grant that supports this Program.
(b) The Secretary of Administration shall assist VASA with the procurement of trail liability and other related insurance.
(c) VASA shall purchase a trail liability insurance policy in the amount of $1,000,000.00. The State of Vermont shall be named an additional insured. The policy shall extend to all VASA-affiliated ATV clubs and their respective employees and agents to provide for trail liability coverage for development and maintenance of the Statewide ATV Trail Program.
(d) Nothing contained in this section shall authorize or create any cause of action to accrue or to be maintained against the State of Vermont.
(e) Any fees and penalties allocated pursuant to subsection (a) of this section shall not revert but shall be available until spent. Any accrued interest shall be deposited in the Transportation Fund. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1999, No. 155 (Adj. Sess.), § 9; 2005, No. 93 (Adj. Sess.), § 82; 2009, No. 50, § 79; 2013, No. 50, § E.101.7; 2017, No. 158 (Adj. Sess.), § 28; 2017, No. 158 (Adj. Sess.), § 29, eff. July 1, 2023; 2019, No. 154 (Adj. Sess.), § E.706, eff. Oct. 2, 2020; 2021, No. 185 (Adj. Sess.), § E.702, eff. July 1, 2022; 2023, No. 41, § 46, eff. July 1, 2023.)