Terms Used In Vermont Statutes > Title 23 > Chapter 9 - Operator's Licenses

• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
• Certified historic structure: means a certified historic structure as defined in the Internal Revenue Code, 26 U. See
• Chief instructor: means a licensed motorcycle operator who meets the standards established by the Department to qualify to train and oversee instructors for the motorcycle rider education program. See
• Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
• Commissioner: means the Vermont Commissioner of Motor Vehicles. See
• Commissioner: means the Commissioner of Motor Vehicles. See
• Community reinvestment agreement: means an agreement among municipal government officials, business leaders, and community groups pursuant to subdivision 2793(b)(2) of this title. 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.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Vermont Department of Housing and Community Development. See
• Department: means the Vermont Department of Motor Vehicles. See
• Department: means the Department of Motor Vehicles. See
• Design review district: means a district created pursuant to subdivision 4414(1)(E) of this title. See
• Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. See
• District coordinator: means a district environmental coordinator attached to a District Commission established under 10 Vt. See
• 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
• Donor: The person who makes a gift.
• Downtown: means the traditional central business district of a community that has served as the focus of socio-economic interaction in the community, characterized by a cohesive core of commercial and mixed use buildings, some of which may contain mixed use spaces, often interspersed with civic, religious, residential, and industrial buildings and public spaces, typically arranged along a main street and intersecting side streets that are within walking distance for residents who live within and surrounding the core and that are served by public infrastructure such as sidewalks and public transit. See
• downtown district: means a district delineated by the municipality and designated by the Downtown Development Board under section 2793 of this title. See
• Driver training: means the instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by the Department for a driver's license, but not including instruction given by employers to their employees. See
• Driver training school: means any person engaged in providing driver training through one or more instructors, but not including a public or private school conducting a course in driver training approved by the Secretary of Education and the Commissioner. See
• Established place of business: means a location approved by the Commissioner at which the business of a driver's training school is transacted and at which its records are kept. 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Farm tractor: means a traveling power plant or a self-propelled device that functions as part of crop production, harvesting, feeding, or livestock management or is used for drawing a farm trailer as defined in subdivision (69) of this section. 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.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Historic district: means a district created pursuant to subdivision 4414(1)(F) of this title. See
• Important natural resources: means headwaters, streams, shorelines, floodways, rare and irreplaceable natural areas, necessary wildlife habitat, wetlands, endangered species, productive forestlands, and primary agricultural soils, all of which are as defined in 10 Vt. See
• Infill: means the use of vacant land or property within a built-up area for further construction or development. See
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instructor: means any person engaged in giving driver training. See
• Junior operator: shall include only such persons as are 16 and 17 years of age. 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.
• 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
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local downtown organization: means either a nonprofit corporation, including a nonprofit corporation established by the Vermont Economic Development Authority, or a board, council, or commission created by the legislative body of the municipality, whose primary purpose is to administer and implement the community reinvestment agreement and other matters regarding the revitalization of the downtown district under subdivision 2793(b)(2) of this title. See
• Month: means 30 days and "year" means 365 days. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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
• Motor-driven cycle: means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, and that is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. See
• Motorcycle: means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and electric personal assistive mobility devices. See
• Motorcycle rider training program: means the Motorcycle Training and Information Disbursement Plan created in section 733 of this title. 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 building: as used in this chapter include wharves and docks and the lands surrounding or appurtenant thereto necessary for a highway or for parking or other public purposes connected therewith. 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
• New town center: means the area planned for or developing as a community's central business district, composed of compact, pedestrian-friendly, multistory, and mixed use development that is characteristic of a traditional downtown, supported by planned or existing urban infrastructure, including curbed streets with sidewalks and on-street parking, stormwater treatment, sanitary sewers, and public water supply. See
• Nonresident: shall include any person who does not come under the definition of a resident. 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
• 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.
• Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
• Person: means any individual, combination of individuals, firm, partnership, or corporation; whenever used in any provision of this subchapter which prescribes or imposes a fine or imprisonment, or both, the term "person" as applied to a firm, partnership, or association, shall include the members thereof and, as applied to a corporation, the officers thereof; a firm, partnership, association, or corporation may be subjected as an entity to the payment of a fine. 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.
• 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
• Program coordinator: means the person designated by the Commissioner to plan, organize, and administer the motorcycle rider training program as provided in subsection 733(b) of this title. See
• Public place: means municipal property, including a municipal park, a recreation area, or a municipal building. See
• Public way: means a right-of-way held by a municipality, including a town highway. See
• Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rider training course: means a motorcycle rider education curriculum and delivery system approved by the Department as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle. See
• road: shall include bridges thereon and their approaches. 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 board: means the board of school directors of a school district or its equivalent in any independent elementary or secondary school. See
• 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.
• Shade tree: means a shade or ornamental tree located in whole or in part within the limits of a public way or public place, provided that the tree:

• Smart growth principles: means growth that:

• Special assessment: means a tax assessment pursuant to chapter 87 of this title or a municipal charter, among all commercial owners, or a significant portion thereof, within a downtown development district to impose an incremental tax assessment above the amount otherwise assessed, for the purposes of supporting downtown interests. 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.
• Summons: Another word for subpoena used by the criminal justice system.
• Suspension of license: means the withdrawal by formal action of the Commissioner, for a specific period of time and until reinstatement by the Commissioner, of a person's license or privilege to operate a motor vehicle on the public highways. See
• sworn: shall include affirmed. See
• Tax stabilization agreement: means a contract executed pursuant to either section 2741 of this title or 32 V. See
• 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
• Training specialist: means the person designated by the Commissioner to fulfill the obligations stated in subsection 733(c) of this title. See
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Vermont neighborhood: means an area of land that is in a municipality with an approved plan, a confirmed planning process, zoning bylaws, and subdivision regulations, and is in compliance with all the following:

• Village: shall mean an incorporated village. See
• Village center: means the core of a traditional settlement, typically comprised of a cohesive mix of residential, civic, religious, commercial, and mixed use buildings arranged along a main street and intersecting streets that are within walking distance for residents who live within and surrounding the core. See