Vermont Statutes > Title 23 > Chapter 13 > Subchapter 15 – Weight, Size, Loads
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Terms Used In Vermont Statutes > Title 23 > Chapter 13 > Subchapter 15 - Weight, Size, Loads
- Adjunctive therapies: means to treat the human body by manual, mechanical, electrical, or natural methods, or by the use of physical means which include light, heat, water, or exercise in preparation for a chiropractic adjustment or manipulation. 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.
- Agricultural service vehicle: means a motor truck that shall be registered under subsection 367(a) of this title and is used for the purpose of transporting to or from a farm:
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Architect: means a person who is licensed to practice architecture under this chapter. See
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Barbering: means engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, or permanent-waving hair, or similar work by any means, with hands or mechanical or electrical apparatus or appliances. See
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- biennially: shall mean the year in which a regular session of the General Assembly is held. See
- Board: means the Board of Public Accountancy. See
- Board: means the "Vermont Board of Architecture. See
- Board: means the Board of Chiropractic created under section 527 of this title. See
- Board: means the Board of Dental Examiners. See
- Board: means the Electricians' Licensing Board created under this chapter. See
- Board: means the Board of Professional Engineering. See
- Chambers: A judge's office.
- Child: means any person:
- chiropractic physician: means a person licensed under this chapter. See
- Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
- Commissioner: means the Commissioner of Corrections. See
- Commissioner: means the Commissioner of Public Safety. See
- 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.
- Conviction: means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. 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.
- Correctional officer: means any person who is an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who has received training, as approved by the Commissioner of Corrections, as provided in section 551a of this title. See
- Cosmetology: means engaging in the continuing performance, for compensation, of any of the following activities:
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dental assistant: means an individual registered to practice as a dental assistant under this chapter. See
- Dental hygienist: means an individual licensed to practice as a dental hygienist under this chapter. See
- Dental therapist: means an individual licensed to practice as a dental therapist under this chapter. See
- Department: means the Department of Corrections. See
- Devise: To gift property by will.
- Direct supervision: means supervision by a licensed dentist who is readily available at the dental facility for consultation or intervention. See
- Director: means the Director of the Office of Professional Regulation. See
- Director: means the Director of the Office of Professional Regulation. See
- Director: means the Director of the Office of Professional Regulation. See
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for 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
- Electrical inspector: means a State electrical inspector employed pursuant to section 915 of this title. See
- Electrical installation: means wires, fixtures, or apparatus installed in a complex structure or at the construction site of such structure for the transmission and use of commercially supplied or privately generated electrical energy. See
- Enforcement officers: shall include :
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Esthetics: means massaging, cleansing, stimulating, manipulating, beautifying, or otherwise working on the scalp, face, or neck by using cosmetic preparations, antiseptics, tonics, lotions, or creams. 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.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- facility: means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement. See
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Fiduciary: A trustee, executor, or administrator.
- Financial interest: means being:
- Firm: means a sole proprietorship, a corporation, a partnership, association, or any other entity that practices public accountancy. 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.
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- General supervision: means :
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantor: The person who establishes a trust and places property into it.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inmate: means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her. See
- Instruments of service: means project deliverables, such as reports, specifications, drawings, plans, construction documents, or engineering surveys, that have been prepared under the licensee's responsible charge. See
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- 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.
- Jurisprudence: The study of law and the structure of the legal system.
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Law: includes the laws and ordinances of the State, its political subdivisions, and municipalities. See
- Law enforcement officer: means a State Police officer, a sheriff, a deputy sheriff, a municipal police officer, a constable, the Commissioner, or a member of the Department of Corrections when appointed in writing by the Commissioner and when his or her appointment is filed in the Office of the Secretary of State. See
- 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 body: means the selectboard of a town, the board of aldermen or city council of a city, or the board of trustees of an incorporated village. See
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means a current authorization granted by the Director permitting the practice of property inspecting. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Month: means 30 days and "year" means 365 days. 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- 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 inspector: means an electrical inspector authorized to conduct municipal inspections pursuant to section 898 of this title. 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
- Oath: A promise to tell the truth.
- Oath: shall include affirmation where by law an affirmation may be substituted. 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.
- 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
- 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.
- Peer review: means a systemwide study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accounting that performs attest services by a person or persons who are licensed under this chapter and who are not affiliated with the person or firm being reviewed. 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 property: All property that is not real property.
- Portable electronic device: means a portable electronic or computing device, including a cellular telephone, personal digital assistant (PDA), or laptop computer. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- practice of chiropractic: means the diagnosis of human ailments and diseases related to subluxations, joint dysfunctions, and neuromuscular and skeletal disorders for the purpose of their detection, correction, or referral in order to restore and maintain health, including pain relief, without providing drugs or performing surgery; the use of physical and clinical examinations, conventional radiologic procedures and interpretation, as well as the use of diagnostic imaging read and interpreted by a person so licensed and clinical laboratory procedures to determine the propriety of a regimen of chiropractic care; adjunctive therapies approved by the Board, by rule, to be used in conjunction with chiropractic treatment; and treatment by adjustment or manipulation of the spine or other joints and connected neuromusculoskeletal tissues and bodily articulations. See
- Practice of professional engineering: means providing, attempting to provide, or offering to provide professional engineering services. See
- Practice of property inspecting: means performing or offering to perform for the public for a fee or other compensation services involving the physical inspection of real property structures and other improvements in order to evaluate the condition of the property, including any safety issues or material defects. See
- Practicing dentistry: means an activity in which a person:
- private practice: means a professional engineer who owns, operates, or is employed by a business entity that derives a substantial part of its income from providing professional engineering services to the public. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Professional engineer: means a person licensed under this chapter. See
- Professional engineering: means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, insofar as the service or work involves safeguarding life, health, or property. See
- Property inspector: means a person who is licensed under this chapter to engage in the practice of property inspecting. See
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
- Public accountant: means a certified public accountant or a registered public accountant until July 1, 2003, after which the title of registered public accountant will still exist for those licensed as registered public accountants or having received conditional credit toward licensure as a registered public accountant by that date, but will no longer be a title granted by the Board. See
- Quorum: The number of legislators that must be present to do business.
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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.
- report: includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence. See
- Responsible charge: means direct control and personal supervision of engineering work. See
- Responsible control: means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care. See
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restorative justice program: means a program developed and implemented by the Commissioner, consistent with State policy and legislative intent as provided by section 2a of this title. 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
- said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
- School of barbering or cosmetology: means a facility or facilities regularly used to train or instruct persons in the practice of barbering or cosmetology. See
- seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
- Service of process: The service of writs or summonses to the appropriate party.
- 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.
- Shop: means a facility or facilities regularly used to offer or provide barbering or cosmetology. See
- Specialty discipline: means that area of professional engineering recognized by the Board as the area of expertise and practice for which a license is granted. See
- State: includes the states of the United States, the District of Columbia, Puerto Rico, Guam, the U. See
- State: includes the United States, the District of Columbia, Puerto Rico, Guam, and the U. 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
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- Supervising officer: means the highest administrative officer in charge of any correctional facility. See
- Supervision: means work prepared under the regular, personal review of a licensed architect's control and as to which the architect has detailed professional knowledge. See
- Technical submissions: means designs, drawings, specifications, studies, and other technical reports prepared in the course of executing a portion of a construction project. See
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- 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
- Transporter: means :
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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.
- Unauthorized practice: means conduct prohibited by section 1162 of this chapter and not exempted by section 1163 of this chapter. See
- Unprocessed milk products: means raw milk transported in bulk when transported in a milk tank truck, semi-trailer, trailer, or combination thereof. See
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Village: shall mean an incorporated village. See
- Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
- Work notice: means the notice required to be filed under this chapter by an electrician prior to commencement of electrical work. See