Vermont Code of Rules, Agency 14 — Agency of Transportation

Subagency 010 TRANSPORTATION BOARD

Chapter 001 AERONAUTICS RULES AND REGULATIONS

14-001 Code Vt. R. 14-010-001-X AERONAUTICS RULES AND REGULATIONS

Part I DEFINITIONS

PERSONNEL

1.010 Airman. An individual who engages in air navigation of aircraft and (excepting an individual employed outside the United States or by a manufacturer of aircraft, aircraft engines, propellers or appliances to perform duties as inspector or mechanic in connection therewith, and an individual performing inspection or mechanical duties in connection with aircraft owned or operated by him) an individual who is directly in charge of the inspection, maintenance, overhauling or repair of aircraft engines, propellers or appliances and an individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.

1.011 Airman-Pilot. Pilot" is a person holding a valid pilot certificate issued by the Federal Aviation Administration. [Agency and properly registered with the Vermont Aeronautics Board.]

1.012 "To Pilot". Means to be in command of the aircraft during take-off, in flight, or landing.

1.013 Airman-"Pilot in command". "Pilot in command" shall mean the pilot responsible for the operation and safety of the aircraft during the time designated as flight time.

1.014 Airman-"Aeronautics Instructor". An individual engaged in giving instruction, or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising such occupation, without calling his facilities an "air school" or anything equivalent thereto, and without employing or using other instructors. But it does not include an instructor in a public school or university of this state, or an institution of higher learning duly accredited and approved for carrying on collegiate work, while engaged in his duties as such an instructor.

1.015 Airman-"Flight Instructor". A pilot who possesses a valid flight instructor's rating as issued by the Federal Aviation [Agency] Administration.

1.016 Airman-"Ground Instructor". A person who possesses a valid ground instructor's rating as issued by the Federal Aviation [Agency] Administration.

1.020 Person. An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative thereof.

1.030 Passenger. An occupant of the aircraft in flight other than a crew member.

1.040 Air Instruction. The imparting of aeronautical information by an aeronautics instructor or by an air school or flying club.

1.050 Flying Club. A person other than an individual, which neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.

1.060 Board. Means Vermont [Aeronautics] Transportation Board.

1.070 Secretary. Means the Secretary of the Vermont Agency of Transportation, its Administrative head.

1.080 Agency. Means the State of Vermont, Agency of Transportation, its Secretary or its Director of Operations.

AIRPORTS AND LANDING AREAS

1.20 Airport. An airport is an area, of land or water, except a restricted landing area, which is designated for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passenger or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights of way.

1.21 Commercial airport. An airport maintained for aeronautical services which are offered for compensation or hire.

1.22 Airport hazard. A structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to such landing or taking off.

1.23 Airport traffic zone. A zone designated by the Board to include the air space above that area on the surface of the earth around an airport. The dimensions of such zone are to be specified by the Board.

1.24 Personal landing area. A restricted landing area maintained solely for the use of a specified person, and not to be used for aeronautical services which are offered for compensation or hire.

1.25 Restricted landing area. An area of land or water, or both, which is used or is made available for the landing and take-off of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board.

1.26 Air navigation facility. Any facility other than one owned or controlled by the federal government, used in, available for use in, or designated for use in, aid or convenience of air navigation, including airports and restricted landing areas.

1.27 Anchor light. A white light so installed as to be visible in all directions for at least two miles at night under clear atmospheric conditions.

OPERATIONS

1.40 Operation of aircraft or operate aircraft. The use of aircraft for air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, with or without the right of legal control thereof, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutory law of this state.

1.41 Air navigation. The operation of aircraft in the air space over this state, or upon any airport or restricted landing area within this state.

1.42 Aerobatics or acrobatics. The performance of any intentional and unnecessary maneuvers involving an abrupt change in the attitude of an aircraft, an abnormal attitude, or an abnormal speed.

1.43 Air traffic. Aircraft operating in the air or on an airport surface exclusive of loading ramps or parking areas.

1.44 Visibility. "Flight Visibility"--the average horizontal distance that prominent objects may be seen from the cockpit.

"Ground Visibility"--the average range of vision in the vicinity of an airport, as reported by the U.S. Weather Bureau, or, if unavailable, by an accredited observer.

1.45 Ceiling. The height above the earth's surface of the lowest layer of clouds or obscuring phenomena that is reported as "broken", "overcast", or "obstruction", and not classified as "thin" or "partial".

1.46 Hours of darkness. Those hours during which conspicuous unlighted objects cannot readily be seen beyond a distance of one mile, provided that the hours between sunset and sunrise shall be deemed hours of darkness which require the display of position lights by aircraft in flight.

1.47 Commercial flight operation. The carrying of persons or goods for hire, including flight instruction.

1.48 Flight time. Flight time shall mean the total time from the moment the aircraft first moves under its own power for the purpose of flight until the moment it comes to rest at the end of the flight.

1.49 F.A.A.. The capital letters FAA mean the Federal Aviation Administration.

1.50 Letter of authority. Letter of authority shall mean the abeyance by the Agency Board of an existing rule or regulation, or portion thereof, and constituting a temporary waiver of same.

1.51 Navigable air space. Air space above the minimum altitude of flights prescribed by laws of this state or by regulations of the Board consistent therewith.

1.52 Air school. A person engaged in giving, or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding himself out as giving or offering to give such instruction. But it does not include a public school or university of this state or an institution of higher learning duly accredited and approved for carrying on collegiate work.

Part II AIRCRAFT AND PILOT REGISTRATION

2.01 [A pilot residing in this state shall register annually his federal pilot's certificate with the Vermont Aeronautics board on forms provided therefor. A fee of $ 1.00 shall accompany each registration. Such registrations will expire on April 30 next following the date of issue.]

2.02 [ Regardless of any change in his federal pilot rating, the pilot shall register only once during the registration year ending April 30.]

2.03 [ Aircraft owned by residents of this State and engaged in air navigation within this staet [state], shall be registered annually with the Vermont Aeronautics Board on forms provided therefor. A fee of $ 5.00 shall accompany such resitration [registration], except that after November 1, the fee shall be $ 2.50 for the remainder of the registration year. The registration year shall end on April 30 next following the date of issue.]

2.04 [ An aircraft which is owned by a nonresident of this state, who is lawfully entitled to operate such aircraft in the state of his residence shall not be registered with the Board, except that such exemption shall not apply to aircraft used in commercial operations pertaining to a flight school, or in the conduct of commercial charter flights within the state.]

2.05 [ A nonresident operating aircraft in this state shall not be required to register with this Board provided that he is lawfully entitled to operate aircraft in the state of his residence, except that such exemption shall not apply to a pilot engaging in commercial operations pertaining to a flight school or in the conduct of commerical [commercial] charter flights within this state.]

2.06 [ A person who transfers the ownership of a registered airplane to another may, upon the filing of a new application accompanied by the previous registration, and upon payment of a fee of $ 1.00 have registered in his name another airplane for the remainder of the registration year without payment of any additional registration fee.]

Part III AIRPORTS AND RESTRICTED LANDING AREAS

3.01 License. Every airport and restricted landing area, before operating as such, shall be approved and licensed by the Board.

3.02 Duration and renewal. The license issued under this section shall be effective until revoked.

3.03 Display. The license issued under this section shall be posted in a prominent place at the airport.

3.04 Letter of authority. Upon application from the owner of an airport or the operator of an airport affected by provisions of Part IV or Part V, a letter of authority granting temporary or restricted operation may be issued by the Agency pending full compliance with the provisions of these rules and regulations.

3.05 Inspection. The applicant for any license shall offer full cooperation in respect to any inspection and examination which may be made of the applicant upon proper demand at reasonable hours by any authorized representative of the [Board] Agency prior to or subsequent to the issuance of a license.

3.06 Separation. All airports and landing fields shall be so located and spaced one from the other that their flight pattern and approach areas will not in any way conflict or overlap.

Part IV PROCEDURE FOR APPROVAL OF AIRPORT

4.01 Application for approval of airport site. A municipality or person proposing to establish an airport, restricted landing area, or a sea plane landing area, shall make application to the [Board] Agency for a certificate of approval of the site selected and the general purpose of purposes for which the airport, restricted landing area, or seaplane landing area is to be established. The Agency shall inspect the site to insure that it [shall] will conform to minimum standards of safety and [shall] serve the public interest[.] , and recommend action by the Board.

4.02 Description of site. Such application for a certificate of approval of the site selected shall be in writing and substantially describe the property involved and the general purposes for which it is to be acquired and the manner in which such acquisition is asserted to serve the public interest. Such application shall designate the names of all owners or persons known to be interested in lands adjoining such property and their residences, if known, and shall contain such further matter as the [Board] Agency by rule or regulation from time to time shall determine.

4.03 Order for hearing. Upon filing of such application, and on request from Agency, the Board shall issue its order giving notice of the time and place of hearing on said application.

4.04 Notification by applicant. The applicant shall give notice of such proceedings to all persons owning or interested in adjoining lands by delivery of a true copy of such application and order for hearing by certified mail to the last known address of each of such persons, said notice to be mailed at least twelve days prior to date of hearing.

4.05 Publication of notice. Notice of such hearing and a general statement of the purpose thereof shall be published at least once in a newspaper of common circulation in the town where the property described in the application is situated at least two days before the date of such hearing, and a similar notice shall be posted in a public place at least twelve days before such hearing.

4.06 Hearing. Upon compliance by the applicant with the foregoing provisions for notice, the Board shall hear the applicant and all parties interested, including the Agency, on the question of approval of such site or sites and shall consider and determine whether in the public interest the application ought to be granted.

4.07 Appeal. Whenever the Board makes an order granting or denying a certificate of approval of an airport or a restricted landing area, approval to use or operate an airport, restricted landing area or other air navigation facility, a person aggrieved thereby may appeal therefrom as hereinafter provided.

4.08 Criteria for airport site. In determining whether it shall issue a certificate of approval for the location of any proposed airport or restricted landing area, the Board shall take into consideration its proposed location, size and layout, the relationship of the proposed airport or restricted landing area, to a comprehensive plan for statewide and nationwide development, existence of suitable areas for expansion purposes, absence of hazardous obstructions in adjoining areas based on a proper glide ratio, the nature of the terrain comprising the airport location and adjoining areas, the nature of the uses to which the proposed airport or restricted landing area will be put and the possibilities for future development, and shall determine that such use will serve the public interest.

4.09 Operational approval. Prior to the beginning of aeronautic operations on the site approved, the owner of such site shall apply to the [Board] Agency for operational approval of the airport.

4.10 Criteria for approval. In granting such operational approval the [Board] Agency shall take into consideration the length, width and smoothness of landing strips, longitudinal and transverse grade of such strips, freedom of the usable area from hazardous soil and surface conditions, absence of hazardous obstructions in approach zones, establishment of a suitable wind direction indicator, and other matters pertinent to the character of operations proposed to be undertaken at the subject airport, and shall determine that the proposed use of such site will serve the public interest.

4.11 Approach obstructions. The approach and turning zones within the airport traffic pattern shall be clear of hazards as defined by prevailing FAA standards for airports of a like size, type, and use, except that where hazards exist the Board may license the airport for restricted use under such terms and conditions as they deem advisable, consistent with safety and in the public interest.

4.12 Expiration of airport approval. If physical preparation of an approved airport or a seaplane landing area site has not begun within one year following issuance of approval by the Board of such site, the rights, privileges, and authority conveyed to the applicant therein shall be terminated, and any further request for use of such site shall be deemed by the Board as a new application; provided, that the Board shall notify the applicant 30 days prior to expiration of the approval.

4.13 Two year limit. At the end of two years after date of issuance of an airport or seaplane landing area site approved by the Board, such approval will be deemed as terminated if the airport or seaplane landing area has not complied with requirements for operations approval as set forth in Sections 4.09 and 4.10.

4.14 Helicopter landing areas and personal landing areas. The provisions of subdivision 4.03 - 4.08 shall not apply to helicopter landing areas or restricted landing areas designated for personal use[.] unless recommended otherwise by Agency.

4.15 Revocation of airport approval or license. The Board may revoke, temporarily or permanently, any certificate of approval issued by it when it shall determine that an airport, restricted landing area, or other air navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules and regulations lawfully promulgated pursuant thereto[.] or with the conditions stated in such certificate of approval.

4.16 Federal facilities exempt. The provisions of subdivisions 4.03 through 4.15 inclusive, shall not apply to any airport, restricted landing area or other air navigation facility owned or operated by an agency of the federal government within this state.

4.17 Abandonment of airport. When it is determined by the [Board] Agency that use and maintenance of an airport or personal landing area has been abandoned, and that such airport or personal landing area is no longer suitable for safe use, except in emergency, the [Board] Agency shall notify the owner or owners and if such condition is not corrected within 30 days it then shall revoke the license, approval, permit or letter of authority issued [by it] to such airport.

4.18 Closed field symbol. When such notice has been issued to an owner, he shall [permit the Board to] display a suitable "closed field" symbol [when] on the former airport area for the succeeding period of three months, provided that the use to which the airport area may be put by the owner does not make its abandonment evident to air traffic.

4.19 Notification. [to other airports.] When [such] action under paragraph 4.17 has been taken by the [Board, it shall notify all other airports of record in this state.] Agency involving a public use airport the FAA will be notified.

4.20 Reinstatement. An airport which pursuant to regulation 4.17 has been classified "abandoned" may at any time within two years of the date of such classification be reinstated as a licensed airport, provided application is made therefor and evidence is presented to the [Board] Agency satisfying it that such airport complies with the requisite standards for airports contained in [the] these regulations [of the Board] applicable to the type of operation at such airport under its original license.

4.21 Seaplane base site approval. A [license] certificate for the [operation] location of a seaplane base as a commercial airport on any body of water in this state will be granted when all the conditions required of an airport as stated in Part VII (except where changed or inconsistent with this section) have been complied with and in addition thereto it is shown that it has met the following requirement

A. Operation. In case the body of water to be used for landing and take-off is under the jurisdiction of any federal, state, municipal port or other authority, the flight operations on such body of water shall be in conformity with the marine traffic rules and regulations of such authority.

B. Size. The body of water shall have a landing area of sufficient length and width, and the approaches thereto shall be sufficiently clear of obstructions to safely accommodate the landing and take-off characteristics of the type of aircraft to be used thereon. The license issued under this section may be subject to such restrictions and limitations as the Board may determine to be required in the interest of safety and the public interest.

C. Boundary markers. The outline of that part of the area available for landing and take-off and taxiing, when required in the interest of safety, shall be marked as prescribed by the [Board] Agency or as may be required by the marine traffic rules and regulations of the authority having justification.

4.22 Use. The use of such water by seaplanes shall in no way impair or deny the right of the public to the use of public waters.

4.23 Minimum seaplane base facilities. Every seaplane base shall have, in addition to the facilities required of a commercial airport as stated, where applicable, the following minimum service facilities.

A. At least one life preserver of the ring or throwing type with sufficient line attached shall be kept available on the ramp or dock.

B. A power propelled boat (may be an outboard motor) shall be immediately available at all times that flights are in progress.

C. A dock or float, suitable for the type of seaplane using the base, shall be so located as to afford the maximum degree of safety in taxiing approach.

D. Suitable beaching facilities for the type of aircraft using the base. Where an adequate ramp is maintained, the dock or float may be omitted.

E. At least one mooring anchor and buoy, so located that it may be safely approached from any direction, and of sufficient weight and strength to hold any seaplane using the base in any anticipated wind condition.

F. An adequate supply of lines for heaving, towing, securing, or rescuing operations shall be kept available.

Part V COMMERCIAL AIRPORT STANDARDS

5.01 Commercial airport. A commercial airport will be granted a license following due process under Part IV. If the airport is found to meet standards of the then existing FAA criteria, it shall be so classified.

Runways: Each runway shall be provided, either through construction or by natural location, with a surface suitable for use by anticipated type of air traffic; the design criteria shall be in accordance with standards applicable to airports of the same class.

The number of runways, if more than one, will be determined by the percentage of winds, including calms, to be covered by the proposed runway alignment, and also by the type of traffic which the airport is expected to accommodate.

Approaches: The approach to the runway for each airport shall be kept cleared of obstructions to a glide angle appropriate to the following:

50 :1 For runways to be used in instrument operation.

40 :1 For runways to be used in scheduled air carrier operations.

20 :1 For runways or landing areas to be used primarily by small aircraft.

Facilities: All licensed airports, whether attended or unattended, shall maintain a wind indicator in good condition and visible from the ends of each runway. There shall be a minimum of two tie-down anchors, the location of which shall be clearly indicated.

Further facilities shall be provided at the direction of the [Board] Agency, according to [needs of] activities at the airport. Regardless of other requirements, the minimum facilities listed under Part VIII shall be provided if a licensed Air School is maintained at the airport.

5.02 Change, Suspension, Revocation. If by reason of alteration or otherwise, [an] a commercial airport no longer conforms to the classification for which a certificate was last issued, the [Board] Agency may at its discretion suspend or revoke the certificate last issued, [or issue] and the owner of the airport shall seek a new certificate appropriate to the class to which the airport conforms.

Part VI PERSONAL LANDING AREA

6.01 Personal landing area. A personal [or private] landing area may be approved by the Board when application has been made to-the [Board] Agency prior to any construction or operation and it is shown that compliance is made with the following requirements:

A. Hazards. It can [safely] reasonably be used for the purpose intended and does not impose undue hazards upon adjoining property or its occupants, or endanger the users or use of existing surface communication.

B. Operation. It does not interfere with the safe operation of any public airport or with the safety of any state or federal airway.

C. Local Government Approval. The landing area is in conformance with the requirements of the local government in which situated with respect to land use [zoning] or has the approval of the local governing body.

6.02 Use. A personal landing area shall not be used by a person having less than 15 hours solo flight time.

6.03 Helicopter Landing Area. Approval of helicopter landing areas will be governed by 6.01 and 6.02 herein.

6.04 Ultra Light Aircraft Landing Areas. Approval of landing areas for use by an airman operating aircraft classified as Ultra lights by the FAA will be governed by 6.01 herein.

Part VII MAINTENANCE AND OPERATION

7.01 Criteria for maintenance. After a license or approval for an airport or landing area is issued as herein provided, it shall be so operated and maintained at all times as to meet the requirements and regulations for the original issuance of the particular license, amendments thereto, and applicable rules and regulations issued by the Agency or Board.

7.02 Boundary markers. The outline of the exterior boundary of the entire area available and suitable for landing and take-off shall be marked as prescribed by the [Board] certificate, license or letter issued hereunder.

7.03 Marking of unsafe areas. Any parts of the landing area of a licensed airport temporarily unsafe for landing or which are not available for use, shall be clearly marked with yellow flags of sufficient size to draw attention readily and so placed as to show the boundary of the dangerous area; and in the case of fields licensed for night flying, the boundary of such dangerous area shall be clearly marked between sunset and sunrise with red lanterns.

7.04 Reporting of unsafe conditions. The owner of a licensed airport or landing area shall immediately report to the [Board] Agency any unsafe or hazardous conditions.

7.05 Hazards. All hazards in the approach zone or along the boundary of [an] a licensed airport shall be painted or marked as required by [the Board] or in accordance with such FAA standards as may be applicable.

7.06 Vehicular equipment. No vehicular equipment, such as trucks, mowing machines, graders, rollers, etc., shall be permitted on the landing area without permission of control tower or airport operator, and then shall be clearly marked in a prescribed manner to draw attention readily to the hazard.

7.07 Fencing. Such fencing or barriers shall be constructed as will prevent all persons not engaged in flight activities from having access to a position of danger with relation to aircraft on the field.

7.08 Fire and rescue equipment. Each commercial airport shall have such fire and rescue equipment as may be prescribed from time to time by the [Board] FAA.

7.09 Grass and vegetation. Grass and vegetation on the landing area within the boundary markers shall not be permitted to attain a height that will be an operating hazard. An average height of more than eight inches (8") will be considered hazardous.

7.10 Pasturing. Pasturing or grazing of livestock on licensed airports is prohibited.

7.11 Flight of model aircraft. No model aircraft shall be flown from, or over, any airport or landing area unless permission has been secured from the airport manager or his duly authorized representative. The airport manager shall designate the portion of the field to be used and shall take all necessary precautions to assure the safety of the public on the ground and of the aircraft in the air.

Part VIII FLIGHT AND GROUND SCHOOLS AT STATE OWNED AIRPORTS

8.01 Flight school[.] defined. Any person engaged in giving or offering to give refresher flight time, check flight time, instruction or flight time leading to a pilot's certificate, or engaged in selling or giving solo flight time to persons holding less than a FAA private pilot's certificate, for or without hire or reward, and advertising, representing, or holding himself out as giving or offering to give such instruction, shall be considered to be operating a flight school.

8.02 [License] Approval. Every flight school and ground school, before operating as such, shall be approved [and licensed] by the [Board] Agency. Licenses duly issued by the Vermont Aeronautics Board or the Commissioner of Aeronautics shall be considered to hold approval.

8.03 Combined operations. Where ground school instruction is an incidental and supplementary part of flight school operations provided for the students enrolled in the flight school, the [license] approval shall so state. [and only one fee shall be required.]

8.04 Approval Duration and renewal. The [license] approval issued under this section shall not terminate [on April 30 of the following year.] unless removed for cause, except that for schools which are not active for or in excess of two (2) years, approval is withdrawn. Application for renewal shall be made 30 days before [expiration of the current license.] intended beginning of operation.

8.05 Non-transferability. The [license] approval shall not be transferrable.

8.06 Display. The [license] approval issued under this section shall be posted in a prominent place in the office of the school.

8.07 Letter of authority. Upon application from any flight school, ground school or aeronautic instructor, a letter of authority granting temporary or restricted operation may be issued pending full compliance with the provisions of these rules and regulations.

8.08 [License] Reserved. [On or before April 30 of each year such flight school shall apply for a flight school license issued by the Vermont Aeronautics Baord, except as provided for Individual Flight Instructors under Part IX, Section 9.01. The license fee shall be one dollar ($ 1.00) for the original license, and one dollar ($ 1.00) for the renewal of such license annually.]

8.09 Flight school; minimum requirements: To be eligible for a flight school [license] approval, the applicant shall comply with the following minimum requirements:

A. Airports. Flight instruction shall be conducted only from commercial airports [licensed] holding a certificate of approval by the Board.

B. Flight instructors. Only those persons holding a currently valid appropriate FAA flight instructor's rating [properly registered with the Baord,] shall be employed as flight instructors for such instruction as is necessary to comply with pilot certificate requirements of the FAA.

C. Aircraft. Each aircraft used for flight instruction shall possess a currently valid certificate of registration and airworthiness as issued by the FAA. [and shall possess a currently valid certificate of registration as issued by the Board.]

D. Hangars and maintenance facilities. The [applicant] flight school shall have adequate hangar space, and adequate facilities or arrangements for the maintenance of aircraft[.], conduct of ground school or institution or other related business or function.

E. Parachutes[.], Required for Acrobatic Flight. Each flight school shall own or have proven availability of at least two parachutes and in case more than one aircraft is used, there shall be a sufficient number of parachutes to insure that they are used by all persons engaged simultaneously in acrobatic flight, such parachutes to be of a type approved and maintained in accordance with FAA standards.

F. Records. Records shall be maintained of all flight instruction given to all enrolled students. Such reports shall include a daily flight log containing, but not limited to the following:

(1) Aircraft number

(2) Take-off and landing time

(3) Total flight time broken down into dual and solo

(4) Signature of student

(5) Name or initials of instructor (when dual time is given)

(6) Nature of flight

Such records shall be retained for at least one year from last date of entry and shall be available for inspection by the Board and their representatives.

G. Rules and regulations. A list shall be posted of all rules and regulations governing flight at the airport from which flight instruction is given, including a diagram of the traffic and taxi pattern.

H. Practice areas. There shall be prominently posted in the student ready-room a suitable map showing the location of practice areas in the vicinity of the airport where are designated by the operator of the flight school as suitable areas for the practice of required maneuvers. The map shall show a total of such practice areas to equal the total of aircraft used in the conduct of flight instruction. In addition to such areas, there shall be one or more areas designated for use in the practice of spins and acrobatics. The designated spin practice area shall be at least one mile distant from the airport boundaries, and shall be located as not to incur hazards to itinerant traffic approaching the airport.

I. Curriculum. The [applicant] school shall [show] follow a flight curriculum so organized as to properly qualify each student completing the course for the grade of pilot certificate he is seeking.

J. Supervision. The flight school operator or a qualified person named and authorized to act for him shall be on duty at the airport at all times when solo or dual flight instruction is in progress, and shall exercise control over the dispatching and purpose of all solo or dual instructional flights and make a record thereof. Instructional solo flights or any school flight operations are prohibited unless such person is on duty at the field at the time of take-off, for the duration, and at the termination of such instructional flight.

8.10 Ground school. A ground school shall be any person giving or offering to give, with or without reward, instruction in aeronautical ground subjects, except any public school or any institution of higher learning.

8.11 Ground school; minimum requirements. To be eligible for a ground school [license,] approval, [applicant] the operators shall show compliance with the following minimum requirements:

A. Class room. [Applicant] Operators shall maintain suitable class-rooms with adequate seating facilities for the maximum number of students enrolled in each class[;] and such class-rooms to be properly heated, lighted, ventilated, and have access to proper sanitary facilities.

B. Records. [Applicant] Operators shall maintain records of ground school instruction given, the progress made and grade received by each student. Such records shall include a daily attendance record containing but not limited to the following:

(1) Date of instruction given

(2) Time instruction given (such as 7:00 - 9:00 P.M.)

(3) Subjects given

(4) Name of instructor

(5) Signature of students

Such records shall be retained for at least one year from last date of entry and shall be available for inspection.

C. Operation. Classes shall be conducted at the time and place represented in the prospectus of the curriculum and the full number of hours of instruction in each subject shall be given under fully qualified instructors.

Part IX INDIVIDUAL FLIGHT AND GROUND INSTRUCTORS AT STATE OWNED AIRPORTS

9.01 Individual flight instructors. Any individual possessing a valid appropriate flight instructor's rating as issued by the Federal Aviation Agency and possessing a pilot's registration certificate as issued by the Board, who does not advertise or call his operation an "air school" or anything equivalent thereto, and does not employ or use other flight instructors, may act in the capacity of an aeronautics flight instructor as hereafter provided:

A. When employed as an aeronautics flight instructor by a licensed flight school.

B. When employed to give or giving flight instruction to an individual owner of an aircraft [or to some other person with the consent of such aircraft owner], using such aircraft for such instruction.

C. [ When such instructor has been registered annually with the Vermont Aeronautics Board on or before April 30 of each year. The fee for such registration shall be one dollar ($ 1.00) for the original registration and one dollar renewal thereof.]

9.02 Individual ground instructors. Any person employed to give or giving aeronautical ground instruction shall possess a currently valid ground or flight instructor's rating as issued by the FAA.

10.01 "Air Exhibition" or "Air Show" means a series of maneuvers in which the aircraft is diverted from normal flight, and which "Air Exhibition" or "Air Show" is advertised directly or indirectly to the public.

10.02 The manager of an air exhibition shall apply to the [Vermont Aeronautics Board] Agency for a suitable waiver under the provisions of sections 181, 183, and 184 of Title 5, V.S.A. at least seven days prior to the advertised date of the exhibition. Such application shall include copy of a request for such exhibition from the manager of the airport at which the proposed exhibition is to be given. When such exhibition is to be conducted by the operator of the airport, it shall be so stated in the request for waiver.

10.03 The application shall include a list of the events comprising the exhibition program, together with information concerning the time and duration of the program, and the admission fee, if any.

10.04 When a waiver is granted, the [Board] Agency shall [post a notice of such exhibition at all airports in Vermont and selected airports on the border of adjacent states, stating the hour of exhibition and establishing a "caution area" for a radius of five miles around the subject airport in the case of light aircraft, and fifteen miles in the case of military aircraft.] provide a copy to the appropriate FAA facility.

10.05 During the exhibition, the field shall be officially closed by the manager of the airport, and such action shall be indicated by placing an "X" at the center of the field, such "X" to be of specified dimension in width, or stroke, and of orange or yellow color. The airport shall be opened at periods of 30 minutes during the program provided itinerant traffic is observed at that time. In the event of an indicated emergency landing of itinerant traffic, the "X" shall be removed and acrobatics cease immediately until the "X" is displayed.

Part XI SPRAYING AND DUSTING

11.01 Prior to any flight operation intended for the purpose of spraying and dusting through use of aircraft, the owner of such aircraft shall apply to this [Board] Agency for authority to conduct a flight or flights for this purpose.

11.02 Application shall be made on forms provided by [this Board.] the Agency. Such application forms shall be completed and received by [this Board] the Agency at least ten (10) days prior to the start of the operations referred to in the application.

11.03 Permission to conduct aerial spraying and dusting in this state issued under provisions of this Part shall expire December 31 of the year issued and must be renewed annually.

11.04 Prior to engaging in aerial application under the provisions of a permission issued under this Part, such holder of the permission must hold a currently effective pesticide operator or pesticide applicator's license issued by the Vermont Department of Agriculture for the class of aerial applications undertaken.

Part XII STATE FUNDS FOR MAINTENANCE, REPAIR AND IMPROVEMENT OF PRIVATE AND MUNICIPAL AIRPORTS

DEFINITIONS

12.01 Private airport. An airport owned by a person, corporation, or partnership, which is open to the public, and which has been [licensed] granted a certificate by the Board [as meeting] for a commercial airport [standards].

12.02 Municipal airport. An airport owned by a municipality, which is open to the public, and which has been [licensed] granted a certificate by the Board [as meeting] for a commercial airport. [standards.]

12.03 Maintenance. Including, but not limited to, mowing, snow removal, painting of buildings included in the title of airport ownership; seeding; fertilizing; brush control or removal; resealing; resurfacing.

12.04 Repair Repair of runway surfaces as necessitated by wear, erosion, washout, or equivalent actions; of buildings included in the title of airport ownership; of runway markers, wind cone; lighting or lighting circuits.

12.05 Improvement. The improvement or extension of runways, taxi strips, parking area passenger facilities; the improvement of safety or service to air traffic by installation or operation of radio or other air navigation aids; placement of signs, markers, or directional signs as an aid or safety measure.

PROCEDURE

12.06 Application. The owner of a private or municipal airport desiring to receive financial assistance towards maintenance, repair, or improvement of such airport shall make application to the [Board] Agency on forms provided by it.

12.07 Continuance of airport facilities. The airport owner shall give such assurances as may be required by the [Board] Agency as to the period of time when the airport will continue to be open for public use following completion of work performed under provisions of this section.

12.08 Criteria. Other sections of Part XII notwithstanding, the [Board] Agency shall grant funds for performance of work under this section only when it has determined that such maintenance, repair, or improvement will be in the public interest.

Part XIII AIRPORT OPERATORS, VERMONT STATE OWNED AIRPORTS

13.01 Business Activities. Subject to applicable orders, certificates or permits of the [VAC] CAB, or the FAA, or their successors, no person shall use the airport, or any portion thereof, or any of its improvements or facilities for revenue producing commercial, business, or aeronautical activities who has not first complied with these rules and regulations and obtained the consent of all appropriate permits and licenses for such activities from the [Board] Agency and entered in to such written leases and other agreements prescribed by the [Board] Agency, or agreed upon by the [Board] Agency and such person.

13.02 Application. Applications for leases of ground on the airport, or for permission to carry on any commercial, business or aeronautical activity on the airport, with the necessary permits and licenses, shall be made to the [Vermont Aeronautics Board (VAB).] Agency. The applicant shall submit all information and material necessary, or requested by the [Board] Agency, to establish to the satisfaction of the [Board] Agency that the applicant can qualify and will comply with these rules and regulations. If a company, the application shall be signed and submitted by the chief executive thereof; if a partnership, the application shall be signed and submitted by all partners.

13.03 Action of Application. The [Board] Agency may deny any application if, in its opinion, it finds any one or more of the following:

13.031 The applicant for any reason does not meet the qualifications, standards and requirements established by these rules and regulations; or

032 The applicant's proposed operations or construction will create a safety hazard on the airport; or

033 The granting of the application will require the [VAB] Agency to spend funds, or to supply labor or materials in connection with the proposed operations to an extend which or at a time when the [Board] Agency is unwilling to enter into such arrangements; or the operations will result in a financial loss to [VAB] Agency; or

034 There is no appropriate, adequate or available space or building on the airport to accommodate the entire activity of the applicant at the time of the application; or

035 The proposed operation or airport development [on] or construction does not comply with the master plan of the airport; or

036 The development or use of the area requested by the applicant will result in depriving existing fixed base operators of portions of the area in which they are operating; or will result in a congestion of aircraft or buildings; or will result in unduly interfering with the operations of any present fixed base operator on the airport through problems in connection with aircraft traffic or service or preventing free access to the fixed base operators area; or

037 There is insufficient volume of business on the airport to support the proposed operation or business activity; or

038 Any party applying, or interested in the business has supplied the [Board] Agency with any false information or has misrepresented any material fact in his application or in supporting documents; or has failed to make full disclosure on his application or in supporting documents; or

039 Any party applying, or interested in the business has a record of violating the Vermont Statutes or these rules and regulations, or the rules and regulations of any other airport, or the Civil Air Regulations, the Federal Aviation Regulations or any other rules and regulations applicable to State Airports; or

0310 Any party applying, or interested in the business has defaulted in the performance of any lease or other agreement with the State of Vermont; or

0311 Any party applying, or interested in the business has a credit report which contains derogatory information and does not appear to be a person of satisfactory business responsibility and reputation; or

0312 The applicant does not appear to have, or have access to, the finances necessary to conduct the proposed operation for a minimum period of twelve months; or

0313 Any party applying, or interested in the business has been convicted of any crime or violation of any nature that it indicates to the Agency that the applicant would not be a desirable operator on a State Airport; or

0314 The protection of the health, welfare, safety or morals of the inhabitants of the area required such denial.

0315 The applicant intends to conduct business operations on the airport under a business name the same as or deceptively similar to the business name of any other fixed base operator previously established on the airport.

0316 Nothing contained herein shall be construed to prohibit the [Board] Agency from granting or denying, for any reason it deems sufficient, an application to do business on the airport for the purpose of manufacturing, selling, furnishing or establishing non-aviation products and supplies or any service or business of a non-aeronautical nature, or the application by a person for an area on the airport for the personal non-profit use of such person.

13.04 Supporting Documents. If requested by the [Board] Agency, the applicant shall submit the following supporting documents to the [Board] Agency, together with such other documents and information as may be requested by the [Board] Agency;

13.041 A current financial statement prepared or certified by a Certified Public Accountant.

042 A written listing of the assets owned or being purchased which will be used in the business on the airport.

043 A current credit report covering all areas in which the applicant has done business during the past five years.

044 A written authorization for the F.A.A. and the C.A.B., and all aviation or aeronautic commissions, administrators, or departments of all states in which the applicant has engaged in aviation business to supply the [VAB] Agency with the information in their files relating to the applicant of his operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies.

13.05 Fixed Base Operators. No person shall use the airport as a fixed base operator until such person has applied for and received from the [Board] Agency a fixed base operator's [license] lease and has met the qualifications, standards, and requirements, of these rules and regulations.

13.051 A fixed base operator shall be a person who carries on one or more of the following classifications or service listed as a division (A, B, etc.).

A. Aircraft sales.

B. Parts and accessories sales.

C. Charter operations:

1.) passenger and "air taxi";

2.) scheduled air taxi:

3.) freight or delivery;

4.) photography;

5.) aerial survey;

6.) agricultural spraying, etc.;

7.) other (specified).

D. Aircraft rental.

E. Flight instruction or ground schools.

F. Maintenance services which shall include services in one or more of the following:

(1) Airframe overhaul and repair;

(2) Engine overhaul and repair;

(3) Radio and electrical shop;

(4) Instrument shop;

(5) Aircraft interior work;

(6) Refinishing and painting.

G. Line services which shall include one or more of the following services:

(1) Supplying the fuel, oil and other fluids;

(2) De-icing fluid;

(3) Interior cleaning;

(4) In-flight food service.

H. Aircraft storage, inside and/or outside.

I. Airline services, which shall include one or more of the following:

(1) Fueling of airlines;

(2) Exterior cleaning of airline equipment;

(3) Interior cleaning of airline equipment;

(4) Turbine starting;

(5) Other special contractual services.

Part XIV STATE OF VERMONT

GENERAL PROVISIONS

VERMONT STATE-OWNED AIRPORTS

14.01 Definitions. As used in these Rules and Regulations, unless the text otherwise requires:

14.011 "Airport" means a Vermont State-Owned Airport and all of the area, buildings, facilities and improvements within the exterior boundaries of such airport as it now exists or as it may hereafter by extended or enlarged.

012 "Airport Manager" or "Manager" means the resident Manager appointed by the [Vermont Aeronautics Board (VAB)] Agency.

013 "Manager of State Airports" means the person filling such position on the Staff of the [Vermont Aeronautics Board (VAB)] Agency.

014 "Board" means the Vermont [Aeronautics] Transportation Board [(VAB)] (VTB).

015 "C.A.B." means the Civil Aeronautics Board.

016 "F.A.A." means the Federal Aviation Administration.

017 "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

14.02 Airport Manager. The Airport Manager shall be whoever is appointed by [VAB] Agency as the resident Airport Manager. The Manager shall at all times take such action as may be necessary for the handling, policing, protection and safeguarding the public while present at the airport and to regulate vehicular traffic on the airport. The Manager may suspend or restrict any or all operations without regard to weather conditions whenever such action is deemed necessary in the interests of safety, subject to the review of such action by the [VAB] Agency.

14.03 Rules and Regulations. All aeronautical activities at the airport, all operation and flying of aircraft at the airport and all business and other activities on the airport shall be conducted in conformity with these rules and regulations, and all amendments, supplements, changes and additions hereto which may hereafter be adopted [by the VAB], and further in conformity with all pertinent rules, regulations, orders and rulings of the CAB and the FAA which are made a part of these rules by this reference; provided, however, nothing herein contained shall affect or impair any existing agreements. In the event of any conflict between these rules and regulations and any law, rule, regulation or order of the CAB, the FAA or other Federal governmental agency exercising the same or similar jurisdiction, the latter shall prevail.

14.04 Special Events. Special events such as air shows, air races, fly-ins, sky diving and all events requiring the general use of the airport or any space or facility on the airport, other than normal or routine airport traffic, shall be held only with the prior approval of the resident Manager and the [Manager of State Airports] Agency and on such dates, and in such areas, and upon such terms and conditions as shall be specified by them.

14.05 Public Use. The airport shall be open for public use during daylight hours, and at night by pre-arrangement with the resident Manager, subject to regulation or restriction due to weather, the conditions of the landing area, the presentation of special events and like causes, as may be determined by the resident Manager and revocation of the right to use for violation of these rules and regulations as herein provided.

14.06 Common-Use Areas. All runways for landing and take-off; all runway, marker, guidance lights used to guide operating aircraft; all apparatus or equipment for disseminating weather and wind information, or for radio or other electrical communication, and any other structure, equipment or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft; and together with such aprons, ramps, turn-offs, tie-down areas, taxiways and other areas of the airport as the [VAB] Agency shall specify or designate as common-use areas shall be considered common-use areas available for use, in common, by all persons flying or operating aircraft on the airport and shall be kept clear and available for aircraft traffic. No fixed base operator or other person shall use any common-use area for the parking or storing of aircraft, the repair, servicing or gassing of aircraft or for any other purpose other than the flying and operation of aircraft without the prior consent or authorization of the [VAB] Agency. Common-use areas are subject to change.

14.07 Vehicular Traffic. Except for fire fighting equipment, ambulances and emergency vehicles, no person shall park or drive any vehicle on the airport, other than on established roads and automobile parking facilities unless permission has been first obtained from the resident Manager. Use of State vehicular parking areas shall be only in relation to aeronautical activities at the airport; application shall be made to [VAB] the Manager for use of a parking space in such areas for more than forty-eight (48) consecutive hours. To minimize unnecessary vehicular traffic, only airplanes shall be stored in hangars unless the [Manager of State Airports] Agency grants prior approval for other uses.

14.08 Advertising. No signs or other advertising shall be placed or constructed upon the airport, or any building or structure or improvement thereon without the prior approval of [VAB] Agency. No signs or advertising shall be permitted if in the [VAB's] Agency's opinion it is undesirable, unnecessary or in any way creates a safety hazard.

14.09 Acceptance of Rules by Use. The use of the airport or any of its facilities in any manner shall constitute an assumption by the user of these rules and regulations and shall create an obligation on the part of the user to abide by and obey these rules and regulations. Flight instructors shall have the duty to fully acquaint their students with these rules and shall be responsible for the conduct of students under their direction.

14.10 Operators to Keep Rules Available. All persons licensed to do business on or conducting operations of any kind on the airport shall keep a current copy of these rules and regulations in its office or place of business and make it available to all persons.

14.11 Qualification of Airmen. No airman shall utilize the airport unless in possession of a valid license issued by the FAA, except that operation of ultra-light aircraft as defined in FAR Part 103 shall be permitted if under the direction of a flight instructor for such aircraft or the airman has sucessfully completed a course of instruction by a flight school or instructor.

Part XV STATE OF VERMONT

PARACHUTE JUMPING

15.01 This part of the Regulations shall be applicable to all parachute jumping in the State of Vermont except parachute jumps necessary to the personal safety of the passengers and crew of an aircraft in flight.

15.02 Prior to making any intentional parachute jumps, a request for approval shall be made in writing to [this Board] the Agency. Such written request for approval shall be filed at least ten (10) days prior to date of jumping and contain the following information:

(1) Name and address of the participating parachutist.

(2) Number of parachute jumps appropriately logged by parachutist.

(3) Class of parachute license held by parachutist, if any.

(4) Location of drop zone.

(5) Date, time, and duration jumps are to take place.

(6) Maximum altitude parachutist will exit plane.

(7) Make, [moden] model and "N" number of jump aircraft.

(8) Name and pilot qualification of jump aircraft pilot.

15.03 Prior to the issuance of a permit for any parachute jump, the [Board] Agency shall take into consideration the size and location of drop zone with respect to the surrounding area, presence of buildings or other obstructions, experience of the participating jumper(s) and justification for the request to jump.

15.04 A statement of concurrence from the owner or lessee of property on which the drop zone is established must be submitted in those instances where the parachutist is not the owner or lessee thereof.

15.05 In the [Board's] Agency's approval of all parachute jumps, adherence to the Basic Safety Regulations of the United States Parachute Association will be made a condition of its approval. Parachutists participating in exhibition jumps must hold a USPA "C" license or higher.

| [VERMONT AERONAUTICS BOARD] | | --- | | [/s/ Peter Val Preda, Chairman] | | [/s/ Floyd E. Handy, Member] | | [/s/ Gerald R. Martel, Member] |

Part XVI RULES OF PRACTICE FOR TRANSPORTATION BOARD PROCEEDINGS

16.01 Transportation Board, Description of Organization

16.011 The Vermont [Aeronautics] Transportation Board, composed of [three] seven members appointed by the Governor with the advice and consent of the Senate,

(a) Exercises [general] quasi-judicial supervision over aeronautics within this state.

(b) Requires:

1. [ Registration of the federal licenses of: airmen, aircraft, aeronautics instructors]

[2.] Approval of: a proposed public airport; a proposed personal landing stipr; a proposed restricted landing area; a proposed helicopter landing site

3. [ Approval of: an exhibition parachute jump; aerial application; helicopter landing site.]

(c) [ Represents the state in aeronautical matters before federal and state agencies.]

(d) [ Exercises operational control of aeronautic action in emergencies, including Civil Defense.]

(e) [ Manages and develops airports owned by the state.]

[f]

(c) Is responsible for continuing development of the system of airports within the state.

(g) [ Approves all applications within the state for federal airport funds.]

(h) [ Investigates accidents to aircraft.]

(i) [Assists in enforcement of aeronautic laws and regulations.]

16.012 The Board meets at the call of its Chairman.

16.013 Persons desiring to appear before the Board shall file a written request to the [Commissioner] Executive Secretary who will advise five (5) days in advance as to place, time, and date[.] of meeting.

16.014 Communications to the Board shall be addressed to the [Commissioner] Executive Secretary.

16.015 State Airports:

(1) Airports owned by the State of Vermont shall be designated as ".... (name of municipality where located, or, name of county where located or name of a person), State Airport", followed by any local designation approved by the Board. Such designation shall be in parenthesis ().

(2) Municipalities or private owners desiring to convey title of an airport to the state shall make written application to the [Board] Secretary prior to July'l of an even-numbered year (1970, 1972, etc.).

(3) The [Board] Agency after due consideration may accept or reject such application and shall notify the applicant of its action within sixty (60) days.

16.02 Definitions. The definitions set forth in 3 V.S.A. Sec. 801 are hereby adopted and made applicable to these Rules.

16.03 Formal and Informal Proceedings. The following types of proceedings will be treated as formal proceedings:

(a) Proceedings wherein the determination by the Vermont [Aeronautics] Transportation Board is required to be made after an opportunity for hearing.

(b) Rule-making proceedings initiated by the Vermont [Aeronautics] Transportation Board under 16.08 (c) hereof.

All other petitions, applications, submissions, requests, charges, etc. will be treated as informal proceedings.

16.04 Appearances in Formal Proceedings.

(a) A party to a formal proceeding before the Vermont [Aeronautics] Transportation Board may appear for himself or he may be represented by an attorney admitted to practice in the State of Vermont.

(b) Upon the filing of a petition, charge or other pleading initiating a formal proceeding before the Vermont [Aeronautics] Transportation Board, the name of the attorney or person who has signed such pleading will be entered on the docket of the [Vermont Aeronautics] Board. Except for appearances entered during a hearing, all other appearances in formal proceedings by attorneys or persons appearing for themselves shall be by notice in writing filed with the [Commissioner] Executive Secretary of the [Vermont Aeronautics] Board and served pursuant to 16.04 herein.

(c) All notices given to or by an attorney of record for a party in a formal proceeding shall be considered in all respects as notice to or from the party represented by such attorney.

(d) When an attorney has entered his appearance for a party in a formal proceeding, he shall remain counsel for such party until he has been granted leave to withdraw by order of the [Vermont Aeronautics] Board.

(e) An attorney not residing or not admitted to practice in the State of Vermont may appear for a party if he is associated with a resident and admitted attorney who has entered his appearance for the same party.

16.05 Filing and Service of Documents in Formal Proceedings

(a) The petition, charge or other pleading initiating a formal proceeding before the [Vermont Aeronautics] Board shall be signed by the petitioner or complainant or an officer thereof and shall be filed with the [Commissioner] Executive Secretary in duplicate. Such pleadings shall be drawn so as to fully and completely advise the [Vermont Aeronautics] Board and respondents, if any, as to the order or rule sought and the statutory authority and reasons therefor.

(b) All formal pleadings addressed to the [Vermont Aeronautics] Board and other documents and papers filed in formal proceedings shall be on the appropriate form supplied by the [Vermont Aeronautics] Board or shall be on paper measuring eight and one-half by eleven inches. Filing with the [Vermont Aeronautics] Board shall be deemed to occur when a document or paper is received by the [Commissioner] Executive Secretary of the [Vermont Aeronautics] Board except that filing shall be deemed to occur upon receipt by the [Vermont Aeronautics] Board when a document is submitted to the [Vermont Aeronautics] Board during a hearing.

(c) Service of the initial pleading upon each other party entitled to be served a copy will be completed by the [Commissioner] Executive Secretary except in cases where a different manner of service is required by statute.

(d) The answer of a respondent to an initial pleading, if an answer is permitted or required by law, shall be filed with the [Vermont Aeronautics] Board at least seven (7) days prior to the date set for the hearing of the case.

(e) A petition for leave to intervene as a party must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the order sought.

(f) Every document or paper filed by any party subsequent to the initial pleading in a formal proceeding shall be served upon the attorneys of record for all other parties and upon all persons who have prepared for themselves. Service upon an attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address. Delivery of a copy means handing it to the attorney or to the party, or leaving it at his office with the person in charge thereof or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail shall mean first-class mail, in a sealed and properly stamped envelope.

Service by mail is deemed complete upon posting the mail in a proper United States post-office receptable. The document or paper shall contain an attorney's certificate, or an affidavit of a party, stating upon whom, and the means by which, the document has been served.

(g) In its discretion the [Vermont Aeronautics] Board may treat any written communication to it concerning a matter within its jurisdiction as a pleading initiating a formal proceeding.

(h) Briefs and proposed findings of fact and conclusions of law, if any, shall be filed within thirty (30) days after hearing or, in the event that hearing has been waived under 16.06 (a), within thirty (30) days after the date originally set for the hearing.

16.06 Hearings

(a) An oral hearing shall be held in every formal proceeding except that hearing may be waived in the discretion of the [Vermont Aeronautics] Board when:

(1) in a formal rule-making or declaratory ruling proceeding, if no request to be heard is made at least five (5) days prior to the hearing date in accordance with 3 V.S.A. Sec. 803(a);

(2) and the petitioner, if any, waives hearing; and

(3) in any other formal proceeding if all the parties to the proceeding file written waivers of opportunity for hearing.

(b) Upon the filing of a pleading initiating a formal proceeding, or upon the initiation of such a proceeding by the [Vermont Aeronautics] Board on its own motion, the [Vermont Aeronautics] Board shall by order or otherwise assign a time and place for the hearing thereof and the [Commissioner] Executive Secretary shall cause written notice of the hearing in the form as provided by 3 V.S.A. Sec. 809(b) and Sec. 803(a) (1) to be served upon each party and, if required by statute, shall arrange for publication thereof. At the discretion of the Board, the matter may be heard by the Board or by a designated Hearing Examiner in which case the procedure specified in Title 3, Chapter 25, V.S.A., shall be followed, and references to before Board in this Part shall be construed to mean before the Hearing Examiner.

(c) Every party, Agency personnel, and counsel representing the [Vermont Aeronautics] Board if any, shall have the right to participate fully in any hearing before the [Vermont Aeronautics] Board and, in the case of rule-making all interested persons shall also be permitted to participate in accordance with the terms of the notice of the proceeding.

(d) The admissibility of evidence in all formal proceedings before the [Vermont Aeronautics] Board will be determined under the criteria specified in 3 V.S.A. Sec. 810(1)-(4) which are attached hereto [as] at Appendix A.

(e) The testimony of a hearing witness on direct examination may be offered in written form by consent of all parties, either by having it read into the record or by offering it for incorporation in the record without reading, provided that a copy of such testimony shall be supplied to the [Vermont Aeronautics] Board, each attorney of record and each party appearing for himself at a reasonable time in advance of the hearing at which testimony will be offered. Such testimony shall be subject to the same rules of admissibility and cross-examination as extemporaneous testimony.

(f) Formal hearings will be transcribed. The request of any party for a copy shall be made at least one day prior to the hearing and upon payment by the requesting party of the reasonable costs thereof.

16.07 Petitions for Rule-making and Declaratory Rulings

(a) Petitions for the adoption, amendment, or repeal of any rule will be entertained by the [Vermont Aeronautics] Board. Such petitions shall be filed with the [Commissioner] Executive Secretary pursuant to 16.05 hereof. Such petitions will be considered and disposed of pursuant to the procedure specified in 3 V.S.A. Secs. 803 and 806 and 16.08(c) hereof.

(b) Petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the [Vermont Aeronautics] Board will be entertained by the [Vermont Aeronautics] Board. Such petitions shall be filed with the [clerk] Executive Secretary pursuant to 16.05 hereof. Such petitions will be considered and disposed of promptly in accordance with 16.06 hereof.

16.08 Special Procedures for Certain Informal Proceedings

(a) Applications for licenses (certificates, etc.) or renewals thereof shall be submitted on official application forms and will be considered and disposed of upon the basis of the application, exhibits filed therewith and such other credible information as may be available to the [Vermont Aeronautics] Board. Applicants and other persons may at any time furnish to the [Vermont Aeronautics] Board such other information and exhibits as they deem relevant to the [Vermont Aeronautics] Board's consideration of an application.

(b) Any formal proceeding for revocation, suspension, annulment or withdrawal of a license (certificate, etc.) shall be preceded by notice to the licensee of facts or conduct which warrant the intended action, and when appropriate the licensee shall be given an opportunity informally to show compliance with all lawful requirements for the retention of the license prior to initiation of such formal proceeding under 16.06 (b) hereof.

(c) Petitions for rule-making filed under 16.07 (a) hereof will be considered informally and the [Vermont Aeronautics] Board shall within thirty (30) days after the filing of such a petition either deny the petition in writing (stating its reasons for the denial) or shall initiate formal rule-making proceedings in accordance with 3 V.S.A. Sec. 803 and 16.06(b) hereof.

16.09 Forms The [Vermont Aeronautics] Board has certain [approved] forms and instructions which are available upon request and must be used where applicable. These include the following:

[Application for Airman's Registration]

[Application for Aircraft Registration]

[Application for Aeronautics Instructor]

[Application for Air School Registration]

Application for a certificate of approval for proposed airport site

Application for approval of personal landing strip for restricted use

Request for approval to conduct aerial spraying or dusting

[CAB For, 453 -] Pilot/Operator Aircraft Accident Report

Airport Claim for State Aid

16.10 Enlargement of Rules The [Vermont Aeronautics] Board may take a proceeding partially or entirely out of these rules when the law so permits and, in its opinion, the interest of the public so requires.

Appendix A Rules of Evidence, Official Notice

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the [county] district courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;

(3) A party may conduct cross-examinations required for a full and true disclosure of the facts;

(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

POINTS TO BE COVERED DURING AIRPORT HEARING

1. Length, width, direction of landing area. Location.

2. Type of air traffic anticipated.

3. Airport is adequate for this type of traffic (jets?).

4. Location would permit expansion if desired.

5. Location would permit construction of a hangar.

Conformance to F.A.A. standards not required (no federal funds used).

7. Development done entirely with private funds.

8. Approaches are adequate to type of use which is contemplated.

9. F.A.A. Airspace Approval [Oct. 26, 1967] received.

10. Instrument approach (not) feasible.

11. Distance and location of school.

12. Comparison of terminal buildings and schools at other airports.

13. Relationship (distance) of airport from other public airports.

[a. Windham Co.]

Existence of nationwide plan for airports.

(None except at locations where fed. funds could be used)

15. Existence of state plan for airports.Reg. Airp. Plan; supplemented by private airports)

16. Terrain at airport site and surrounding area [is] suitable for airport development.

17. Airport would provide emergency landing strip in a mountainous area.

Public interest will be served by ....

19. No authority exists for condemnation of property for development of a privately owned airport.

History

• Effective Date: 1969

Chapter 002 GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD

14-002 Code Vt. R. 14-010-002-X GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD

Part 1 GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD

Section 1.0 Description of Transportation Board Organization

The Transportation Board, hereafter called "Board", exercises functions of a policy making, regulatory and quasi-judicial nature related to transportation under Title 19, Title 5, and Chapter 5 and 31-49 of Title 30, all of which relate to highway, air, rail and water transportation in Vermont. The Board has seven members appointed by the Governor with the advice and consent of the Senate. The Chairman of the Board is designated by the Governor. The Board's policies are executed by the Agency of Transportation. General charge of the Board's Office and affairs is vested in its Executive Secretary, from whom the public may obtain information, or to whom the public may make submissions or requests. The Executive Secretary's address is 133 State Street, Montpelier, Vermont, and the telephone number is 802-828-2669. Office hours are 7:45 a.m. to 4:30 p.m. Monday through Friday, except legal holidays.

Section 1.1 Incorporation of Vermont Rules of Civil Procedure

The Vermont Transportation Board (hereinafter referred to as the "Board") hereby adopts so much of the following Vermont Rules of Civil Procedure to govern its proceedings in contested cases as they are not inconsistent with the laws of the State of Vermont or other specific rule of this Board in accordance therewith substituting the Board where reference is made to "court(s)" or to "judge(s)":

Rule 5 - Service & Filing of Pleadings

Rule 26 - General Provisions governing discovery

Rule 28 - Persons before whom depositions may be taken

Rule 29 - Stipulations regarding discovery procedure

Rule 30 - Depositions upon oral examination

Rule 31 - Depositions upon written examination

Rule 32 - Use of depositions in court proceedings

Rule 33 - Interrogatories to parties

Rule 34 - Production of documents and things and entry upon land for inspection and other purposes

Rule 36 - Requests for admission

Rule 37 - Failure to make discovery: sanctions

Rule 42 - Consolidation; separate trials

Rule 43 - Evidence

Rule 44 - Proof of official record

Rule 44. 1-Determination of foreign law

Rule 45 - Subpoena

Rule 46

• Exceptions unnecessary

Rule b 52(b) Findings by the court - amendment

Rule 59 - New trial; amendment of judgments

Rule 60 - Relief from judgment or order

Rule 61 - Harmless error

Section 1.2 Pleadings; where filed and number

All papers including the original process and any other papers requesting relief or action from the Board shall be filed with the Clerk of the Board and shall include the original and three copies.

Section 1.3 Intervention

A person desiring to intervene in any proceedings shall file with the Board and serve on all parties a verified written application setting forth the facts upon which such person claims an interest in the proceeding. Applications must be filed with the Board with proof of service at least two days before the hearing. Failure to serve or file such application shall be deemed sufficient cause for the denial unless good and sufficient reason exists why is was not served or filed.

Section 1.4 Subpoenas, Application for

An attorney representing a party, may issue subpoenas for board proceedings in contested cases by following the procedures of VRCP 45. A party may apply to the Board for the issuance of subpoenas or subpoenas duces tecum. Such application shall be timely. It shall specify the name of the witness or the documents or things the production of which is desired, with such particularity as will enable such documents to be identified for purposes of production, the return date desired, and the general nature of the facts to be proved by the witness or the documents or things sought to be produced. Such application shall be filed with the Board and shall be served on all other parties. The Board may grant or deny such application in whole or in part and may make such subpoena returnable at any time. The Board may issue subpoenas at any time requiring persons, parties or witnesses to attend and be examined or give testimony, and to produce any document or thing that relates to any matter under investigation or any question before the Board.

Section 1.5 Officer and Witness fees

Officers who serve subpoenas issued by the Board and witnesses attending hearings shall receive fees and compensation at the same rates as officers and witnesses in causes before a district court. Such fees and compensation are to be paid to persons entitled by the party requesting the subpoena.

Section 1.6 Prehearing Conference

Upon order of the Board setting a pre-hearing conference, upon its own initiative or the motion of a party, the Board or Board's agent shall hold a pre-hearing conference for the purpose of clarifying issues and stipulating to facts and applicable law. At the pre-hearing conference, the Board's agent will, unless otherwise directed by the Board, have the authority to make binding orders.

Section 1.7 Exhibits, Evidence, Prefiled testimony

Any party intending to submit documentary exhibits in contested cases, shall provide the opposing party with a copy of the proposed exhibit and file the original with the Board not less than five days before the hearing. The filing of documentary exhibits shall not constitute acceptance into evidence by the Board or any admission by the other party of relevance, accuracy or materiality and the opposing party may object to their admission into evidence when offered. Documentary evidence which has not been pre-filed as required herein shall not be admitted into evidence by the Board except upon good cause shown. Impeachment exhibits need not be pre-filed. The Board may require pre-filed testimony at its discretion.

Section 1.8 Board's Report

After the close of a hearing in a contested case, the Board shall prepare its decision which shall contain, but not be limited to:

(a) Findings of Fact;

(b) Opinion; and

(c) Order.

Section 1.9 Appeals, Completion of Record

The transcript of a hearing shall be ordered within the time provided in V.R.A.P. 10. One-half the estimated cost of the transcript shall be as determined by the Board. That sum shall be forwarded with Appellant's order for the transcript.

Section 1.21 Separability

If any provision of these rules shall be held invalid by a decision of the Vermont Supreme Court or made invalid by a statutory change, such decision or statutory change shall not affect the validity of the remainder of these rules.

DESIGN HEARINGS -- NECESSITY PETITIONS AND COMPENSATION HEARINGS

1. The time and place of design hearings will be entered on the agenda for regular meetings of the Board.

2. The proposed design for the project will be available for review by the Board at a Board meeting and the Board will be supplied with a brief description of the project.

3. One or more members of the Board will be designated to attend the hearings.

4. Following the hearing, the Board representatives will report in writing to the Board and the Agency.

5. Following Agency review of the project, the Board will be advised of the results of the Agency review.

6. Approval of the project will be noted by the adoption of a formal motion. In the event the project is not approved, the project shall be tabled pending action by the Board and/or Agency.

7. Following approval of the project by the Board, the Agency will prepare a necessity petition for signature by the Chairman or Executive Secretary.

Upon receipt of the judgement order, time and place for the compensation hearing shall be established by the Agency with Board approval and the notice of the compensation hearing will be prepared by the Agency and signed by the Chairman or Executive Secretary.

Following the compensation hearing, the Executive Secretary will supply the Agency with a list of the recommanded awards, identification of Attorneys in attendance and comments.

Within 45 days after the compensation hearing the Board will execute it's condemnation, under which will be filed and recorded is required by law.

History

• Effective Date: October 1, 1985 (SOS Rule Log #85-57)

Chapter 003 POLICY ON CONTRACTING AND SUBCONTRACTING

14-003 Code Vt. R. 14-010-003-X POLICY ON CONTRACTING AND SUBCONTRACTING

Section 2.1 Definitions

Definitions. The following terms as used in this section are defined as follows:

(a) His own organization shall be construed to include only workmen employed and paid directly by the contractor and equipment owned, leased or rented by him from a non-debarred person, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, agent, or supplier of the contractor.

(b) Specialty Items shall be construed to be limited to work that requires highly specialized knowledge, craftsmanship, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole. In general, such items are to be limited to minor components of the overall contract. However, the fabrication and erection of certain types of steel structures are of such a nature and intricacy that they should be considered "Specialty Items," even though the cost of this work may constitute the major portion of the contract amount.

(c) Contractor means the individual, partnership, firm, corporation, or any acceptable combination thereof or joint venture, which is a party to the contract with the Department, undertaking the execution of the work under the terms of the contract and acting directly or through its agents or employees. The term "Contractor" is referred to as the prime Contractor as differentiated from the subcontractor.

(d) Subcontractor means an individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, to whom the Contractor, with written consent of the Department, sublets part of the contract.

(e) Commercially useful function means the contractor/subcontractor is responsible for the execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. A contractor/subcontractor must have the latitude to independently:

(1) Select contracts to be bid.

(2) Determine prices to be quoted.

(3) Select material suppliers.

(4) Hire, fire, supervise and pay employees.

(5) Direct or cause the direction of the management and policies of the firm. A contractor/subcontractor may not broker work for another firm or act as a bidding conduit.

Section 2.2 Allowable Subcontracting

A Contractor must perform with its own organization contract work amounting to not less than 50 percent of the total contract price. For purposes of this paragraph an assignment of contract work is considered synonymous with a subcontract to perform such work.

Section 2.3 Contractor Performance Requirements

(a) A contractor/subcontractor shall perform a commercially useful function.

(b) To assure that any subcontracted work is performed in accordance with the contract requirements, the contractor shall be required to furnish:

(1) A competent superintendent or foreman who is employed by the contractor, who has full authority to direct performance of the work in accordance with the contract requirements, and who is in charge of all construction operations (regardless of who performs the work).

(2) Such other of the contractor's organizational capability and responsibility (supervision, management, and engineering services) as the Agency Construction Engineer determines is necessary to assure the performance of the contract.

Section 2.4 Specialty Items

The cost of "Specialty Items" may be deducted from the total contract price before computing the amount of work required to be performed by the contractor's own organization. Specialty items shall be designated in the advertised specifications and amy be performed by subcontract.

Section 2.5 Special Criteria

To determine whether the contractor is in compliance with the requirement that it perform with its own organization contract work amounting to not less than 50 percent (minus designated "Specialty Items") of the total original contract price, the following criteria shall apply:

(a) The cost of materials and manufactured products to be purchased or produced under the contract provisions shall be included in the contract amount upon which the 50 percent requirement is computed.

(b) The percentage of subcontracted work shall be based on the contract, rather than subcontract unit prices. If only a part of a contract item is to be sublet, its proportional value shall be determined administratively on the same basis.

(c) When a firm sells materials to a contractor and performs the work of incorporating the materials into the project, these phases must be considered in combination and as constituting a single subcontract.

Section 2.6 Contract Assignment

The Contractor shall not sublet, assign, sell, transfer or otherwise dispose of the contract or any portion thereof, or of its right, title or interest therein, to any individual, firm or corporation, without the written consent of the Agency Chief Engineer. In case such consent is given, the Contractor must file with the Agency copies of all subcontracts.

After approval to sublet a portion of the contract, the subcontractors shall not in turn sublet or assign any of the work pertaining to the subcontract without the Contractor obtaining further permission from the Agency. No subcontracts or transfer of contract shall in any case release the Contractor of its liability under its contract and bonds.

Section 2.7 DBE/WBE Requirements

Contractors must ensure that Disadvantaged and Women Business Enterprises have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Contractors subletting portions of federal aid contracts must assure:

(a) That in all solicitations, either by competitive bidding, or negotiation, for subcontracts, including procurements of materials and leases of equipment, each potential subcontractor, supplier or lessor is notified by the contractor of the contractor's obligations relative to non-discrimination on the grounds of race, color, sex, or national origin.

(b) That in the selection and retention of subcontractors, including procurements of materials and leases of equipment, the contractor does not discriminate on the grounds of race, color, sex, or national origin.

(c) That subcontract agreements, including procurements of materials and leases of equipment, unless exempt by the regulations of the Secretary of Transportation ( 49 CFR Part 21) or directives issued pursuant to the regulations, shall contain the contract provisions implementing Title VI of the Civil Rights Act of 1964 ( 23 CFR Part 633).

Contractors requesting subcontractor approvals must submit evidence, in writing to the Agency Construction Engineer, documenting their good faith efforts to secure WBE/DBE subcontractors.

Section 2.8 Payrolling

A contractor/subcontractor is not permitted to place on the payroll the employees of another firm for the purpose of avoiding Federal or State Regulations.

History

• Effective Date: July 29, 1985 (SOS Rule Log #85-43)

Chapter 004 POLICY AND PROCEDURES FOR DEBARMENT

14-004 Code Vt. R. 14-010-004-X POLICY AND PROCEDURES FOR DEBARMENT

Section 3.1 Purpose

This Policy sets forth rules for the debarment of and other measures against contracting firms or affiliates where it is demonstrated that government funds may not be properly utilized or the State's interest would not be safeguarded. These measures shall be used to protect the public interest and are not intended to be sanctions, penalties, or forms of punishment.

Section 3.2 Definitions

(a) Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occured.

(b) Agency means the Vermont Agency of Transportation.

(c) Affiliates. Persons are affiliates if, directly or indirectly,

(i) either one controls or can control the other, or

(ii) a third controls or can control both.

(d) Board means the Vermont Transportation Board.

(e) Participant means a person or an officer or employee of a person who directly or indirectly participates, may participate or has participated in Agency programs through an agreement of that person with a recipient or contractor of any tier. The term includes, but is not limited to, subcontractors, suppliers, fee appraisers, inspectors, real estate agents and brokers, consultants, architects, engineers, and attorneys.

(f) Person means an individual, corporation, partnership or an unincorporated association, or other public or private entity.

(g) Secretary means the Secretary of the Vermont Agency of Transportation or his/her designee.

(h) FHWA means the Federal Highway Administration or any successor agency.

(i) Suspension is the action taken under Section 3.3 of this Policy to disqualify a person temporarily from participation in Agency contracts.

(j) Debarment is the action taken under Section 3.9 of this Policy to disqualify a person from participation in Agency contracts for a period not to exceed three (3) years.

(k) Voluntary Exclusion is the disqualification of a bidder from Agency contracts as a result of an agreement voluntarily entered into under section 3.16 of this Policy, between the Agency and the person to be excluded. contracts for a period not to exceed three (3) years.

Section 3.3 Suspension

(a) The Secretary may suspend any participant or affiliate upon adequate evidence for any of the following causes--

(1) Commission of fraud or any criminal offense as an incident to obtaining, seeking to obtain, or performing government business or a public contract;

(2) Commission of any criminal offense indicating a lack of business integrity or business honesty that seriously and directly affects the question of present responsibility including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, false statements, fraud, receiving stolen property, violation of the Organized Crime Control Act of 1970, or violation of Federal or state antitrust statutes arising out of submission of bids or proposals;

(3) Violation of any agreement for voluntary exclusion or any settlement made under this Policy; or

(4) Commission or omission of an act of such serious or compelling nature that the act indicates a serious lack of business integrity or honesty. Such commissions or omissions include, but are not limited to--

(i) the violation of any applicable law, regulation, or obligation relating to the performance of obligations incurred pursuant to a contract with the State of Vermont or an Agency or Department thereof; or

(ii) making, or procuring to be made, any false statement or using deceit for the purpose of influcening in any way any action of the State.

(b) An outstanding indictment or information is adequate evidence of suspected criminal conduct and may be the basis for the imposition of a suspension.

Section 3.4 Suspension of Affiliates

Suspension may include any affiliate of a participant. A determination to include an affiliate in a particular suspension must be made on a case-by-case basis. Among the factors to be considered in making this determination are the affiliate's knowledge of or participation in the conduct which is the basis for the suspension.

Section 3.5 Notice of Suspension

Immediately after the suspension decision, a suspended person shall be furnished notice of the suspension by the Secretary. The notice shall include the specific acts or omissions on which the suspension is based, the provisions of Section 3.7 relative to period of suspension, and a statement that the participant does have a right to a hearing and may be represented by counsel, if desired.

Section 3.6 Hearing

(a) Upon written request to the Board a suspended person is entitled to a hearing on a suspension before a hearing officer appointed by the Board; or by the Board or a committee thereof, as determined by the Board. The suspended person is entitled to a hearing within thirty (30) days of receipt of the written request by the Board. The request may be made anytime during the period of suspension.

(b) All witnesses shall testify under oath or affirmation. Agency witnesses, if any, shall be called first and may be cross-examined by the suspended person. The person's witnesses may be cross-examined by any party.

(c) A record shall be made of the proceedings. A transcription of the record shall be made available to a party at the expense of the requesting party.

(d) Where appropriate, and if the parties agree, a suspension hearing may be consolidated with a debarment hearing involving the same issues.

(e) The hearing officer or committee shall issue a proposed order and findings to the Board and the parties. If the hearing officer or committee recommends a continuation of the suspension, the proposed order shall indicate:

(i) that there is adequate evidence of a cause listed in Section 3. 3, and

(ii) that the length of suspension complies with Section 3.7.

(f) If the Board conducts the hearing and decides upon a continuation of the suspension, the Board's order shall indicate:

(i) that there is adequate evidence of a cause listed in Section 3. 3, and

(ii) that the length of suspension complies with Section 3.7.

Section 3.7 Period of Suspension

(a) Temporary period. A suspension shall be for a temporary period pending the completion of any investigation or any administrative or judicial proceedings relating to a determination of any cause for suspension that may ensue.

(b) Time limitation on decision to suspend. In any case involving a suspected violation of Federal or state law where prosecutive action has not been initiated within twelve (12) months from the date of the notice of suspension, suspension shall be terminated unless the prosecuting official requests an extension of the suspension. Notice of the proposed termination of the suspension shall be given to the prosecuting official not less than thirty (30) days prior to the expiration of the twelve (12) month period. In no event shall a suspension exceed eighteen (18) months unless prosecutive action has been initiated within that period.

(c) Waiver of time limitation. The time limitation for suspension contained in this section may be waived by the affected party.

Section 3.8 Review by the Board

Within forty-five (45) days after receipt of the proposed order and findings from the hearing officer or committee under Section 3. 6, the Board shall issue an order relative to the suspension. At the Board's option, it may adopt the proposed findings and order of the hearing officer or committee if the findings are supported by the evidence and the conclusions are consistent with these regulations; it may remand the matter to the same or a different hearing officer for rehearing on specific points, which shall be specified, it may modify the decision, or it may order a de novo hearing. Notice of the Board's determination shall be sent to all parties.

Section 3.9 Debarment

Grounds for a Debarment. The Secretary may debar any participant or affiliate upon adequate evidence for any of the following causes:

(a) Conviction for any cause which is a ground for a suspension as set forth in Section 3.3(a)(1) or Section 3. 3(a)(2);

(b) For any cause which is a ground for suspension as set forth in Section 3.3(a)(3) or Section 3. 3(a)(4);

(c) Violation of a law or regulation relating to personal or organizational conflicts of interest as an incident to obtaining, attempting to obtain, or in the performance of, a contract with the Agency.

(d) A willful or serious failure to perform or a record of unsatisfactory performance in accordance with the terms of one or more contracts with the Agency, provided that such failure or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar.

(e) Disqualification from participation in direct or indirect contracting by any federal agency or any other state.

Section 3.10 Debarment of Affiliates

Debarment may include any affiliate of a participant. A determination to include an affiliate in any particular debarment shall be made on a case-by-case basis. Among the factors to be considered in making this determination are the affiliate's knowledge of or participation in the conduct which is the basis for the debarment. Where debarment of an affiliate is proposed, the affiliate shall be afforded the rights of notice and hearing provided in this Policy.

Section 3.11 Notice of Debarment

(a) Notice of debarment. When a debarment is ordered the Secretary shall give notice to the Board and to the participant prior to any public announcement. The notice shall state the specific acts or omissions which form the basis of the action.

(b) The Secretary shall set a term of debarment of not less than six (6) months nor more than thirty-six (36) months and give his/her reasons for the length of the debarment. In determining the length of the debarment, the Secretary shall consider among other reasons the following:

(1) the integrity of the person subject to debarment, including, but not limited to whether restitution, if appropriate, has been made;

(2) whether the person's conduct since suspension, if any, has been meritorious;

(3) whether there has been circumvention of the suspension, if any;

(4) whether the individuals who engaged in the behavior giving rise to debarment are in a position to dominate, manage, or meaningfully influence the business and operations of the person;

(5) the seriousness and nature of the cause of the debarment, including the amount of any suspected collusion and its effect on the cost of Agency projects;

(6) the promotion of increased competition in bidding on Agency projects;

(7) actions taken by other governmental entities or agencies regarding debarment or disqualification with respect to the person in question or in similar situations.

Section 3.12 Review by the Board

At any time after an order of debarment by the Secretary, the participant may petition the Board for review of the Secretary's order. The Board may, in its discretion: appoint a hearing officer to conduct a hearing and issue proposed findings and conclusions to the Board; or conduct a hearing before the full Board, or a committee thereof. In the case of a debarment based upon conviction under Section 3. 9(a), the Board shall only consider the length of the debarment.

Section 3.13 Hearing

(a) If a hearing is ordered by the Board, the hearing officer, the Board, or the committee shall--

(1) Provide notice of the time and place of the hearing to all parties and include therein a statement indicating the nature of the proceedings and their purpose. Any party may be represented by counsel.

(2) Require all witnesses to testify under oath or affirmation. Agency witnesses, if any, shall be called first and may be cross-examined by the person against whom debarment is proposed. The person's witnesses may also be cross-examined by any other party.

(3) Make a record of the proceedings and make a transcription of the record available to any requesting party at that party's expense.

(b) The Board's determination shall be made within sixty (60) days after the close of evidence at a hearing before it or the issuance of proposed findings and conclusions by a hearing officer. The Board's determination shall be a final order.

Section 3.14 Debarment by the Board

The Board, on its own motion, may order a debarment hearing if the Secretary has not acted. Such a hearing will be in accordance with Section 3.13. In setting the length of debarment, the Board shall consider, among other reasons, the criteria set out at Section 3.11(b) (1-7).

Section 3.15 Reinstatement

(a) A person debarred under this Policy may file a request for reinstatement at any time. The request shall be in writing and addressed to the Secretary.

(b) Procedure. The Secretary may limit the debarred person to a opportunity to submit documentary evidence and written briefs or, at his/her discretion, may grant a request for a oral hearing.

(c) The Secretary shall give notice of his/her recommendation on reinstatement to the debarred person and to the Board. The Board may review the determination on its motion, on petition of the debarred person, or it may decline review. If the Board declines review, the Secretary's recommendation will have the effect of a determination by the Board.

Section 3.16 Voluntary Exclusion

Agreement for voluntary exclusion. When in the best interest of the State, and provided that allegations of fraud or criminal activities are not involved, the Secretary, instead of taking administrative action, may enter into an agreement with the participant providing for voluntary exclusion from Agency programs for a specified period of time. Agreements for voluntary exclusion are entered into for the benefit of both parties and do not constitute administrative suspension or debarment measures. However, violations of an agreement for voluntary exclusion may result in administrative action under this Policy.

Section 3.17 Exclusion from Participation

(a) Suspended contractors, debarred contractors and individuals and participants who have entered into an agreement forvoluntary exclusion shall be excluded from all forms of participation on Agency projects including, but not limited to, the following:

(1) Contracting

(2) Subcontracting

(3) Consulting

(4) Material manufacture and supply

(5) Equipment rental

(6) Preparation of bids of others

(b) When circumstances dictate as provided in subsection (c), the Secretary, with the prior approval of the Federal Highway Administration on any projects involving Federal Highway Administration funds, as applicable, may allow debarred contractors and individuals to participate in Agency projects to the following limited extent:

(1) Material manufacture and supply

(2) Equipment rental

(c) Contractors wishing to utilize debarred contractors for these limited activities must petition the Secretary for authorization to do so as directed by the Secretary. Petitions must name the debarred contractor and/or individuals requesting permission to participate in projects, the nature of participation, and the total dollar value of material, leases and supply to be provided by the debarred person. Unless waived in whole or in part by the Secretary, the petition must also detail and document the contractor's unsuccessful good faith solicitation, according to the policies and guidelines of the Agency, to secure a person who is not debarred to provide the materials and/or lease the equipment that the contractor intends to secure from the debarred person. The evaluation of the petition will be in consideration of the best interest of the State and will be based upon the following factors, among others:

(1) The unique value of the debarred person's services, material, or equipment;

(2) The overriding need for the debarred person's services, material, or equipment.

(d) Debarred persons who are authorized limited access to Agency projects by the Secretary shall exercise no direction or control over work on the project or the contractor. Authorizations from the Secretary will be in writing and will state the specific conditions of project involvement allowed the debarred person. Failure of the person to comply with the specific conditions of project involvement allowed by the Secretary will result in immediate withdrawal of approval for participation by the debarred person by the Agency.

(e) Debarred Subcontractors. No subcontractor approval request for use of a debarred person or contractor will be granted by the Agency during the time frame of a contractor's debarment period, or if specifically set out on the debarment notice, during the period of debarment as a subcontractor.

History

• Effective Date: July 29, 1985 (SOS Rule Log #85-42)

Chapter 005 HIGHWAY GRADE CROSSING PROTECTION

14-005 Code Vt. R. 14-010-005-X HIGHWAY GRADE CROSSING PROTECTION

GENERAL ORDER # 1 Highway Grade Crossing Protection

Pursuant to Title 30, Vermont Statutes Annotated § 1376 and Title 3, Vermont Statutes Annotated § 3104(a) (3), it is hereby

ORDERED, that "warning boards" shall be maintained in this state by every railroad corporation at every public highway or street where such highway or street is crossed by its railroad at grade, as follows:

1. On or before January 1, 1980, a railroad-highway crossing sign (crossbuck), as set forth in the attached diagram marked EXHIBIT "A" entitled, Railroad Crossing Standard, shall be installed and maintained on the righthand side of every roadway as it approaches every crossing, on each side of the tracks

2. General Order # 21 of the State of Vermont Public Service Commission shall remain in full force and effect, except as modified and superseded by the terms of this order.

3. No exception shall be made to the requirements of this order, except as approved in writing by this Board.

4. This order shall take effect immediately.

Dated at/Middlebury, Vermont, County of/Addison, and State of Vermont this 8th day of November, A.D., 1976.

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Filed: November 8, 1976

Attest: Executive Secretary

[See illustration in printed publication.]

History

• Effective Date: November 15, 1976
• Statutory Authority: 3 V.S.A. C. 55, § 3104; 30 V.S.A. C. 45, § 1376

Chapter 006 AWARD OF INCENTIVE GRANTS FOR HIGHWAY RETREATMENT RECONSTRUCTION OF CLASS 2 HIGHWAYS

14-006 Code Vt. R. 14-010-006-X AWARD OF INCENTIVE GRANTS FOR HIGHWAY RETREATMENT RECONSTRUCTION OF CLASS 2 HIGHWAYS

Action 1.

The Transportation Board adopts a new rule called Procedures for Award of Grants for Retreatment or Reconstruction of Class 2 Highways and numbered 118-6 to read as follow:

Applications supplied by the Agency of Transportation (Form TA 62) prior to October 1, shall be completed by the towns and submitted to the District Transportation Office on or before November 15.

2. Following review and recommendation by the District Transportation Administrator, applications will be forwarded to the Maintenance Division for review by the Director of Maintenance and Chief of Financial Management.

3. All towns may apply for a grant annually, however, the first category for grant awards shall include all applicants who did not receive a grant for the previous year. If the funding required for such applications is less than the total amount available in the reserve fund, applications will be considered as a second category from those towns which received grants for the previous year. Priority in the second category shall be given to those towns demonstrating greatest need including those with large Class 2 mileages. Consideration will also be given to the sufficiency rating, traffic volumes, and accident record of the highways involved.

4. Contingent on the availability of funds, applications may be accepted after November 15 for processing in accordance with these procedures.

5. Under authority delegated by the Transportation Board, the Secretary shall approve the award of grants prior to January 15, with the submission of the list of grant awards to the Transportation Board.

6. Grant funds must be used for the retreatment of paved, Class 2 highways or for the reconstruction of Class 2 highways. New construction need not include paving but must result in an improved highway meeting Class 2 standards for width, drainage, depth of subbase and gravel surface. Approved applications may be modified with prior, written permission of the District Transportation Administrator, provided the modification conforms to the requirements of Section 17, Title 19, V.S.A. and these procedures.

7. Grants will expire at the end of the designated fiscal year. An extension, for a maximum of six months, may be granted by the District Transportation Administrator with the approval of the Director of Maintenance.

Reimbursement funds will become available on July 1. Work may commence prior to this date but claims will not be paid until after July 1. All reimbursement claims shall be processed for payment during the fiscal year for which the grant is awarded.

9. The towns will submit weekly expenditure reports (Form HD 66 or its equivalent) covering the total costs of approved projects to the District Transportation Administrator. After approval of the claims by the Agency of Transportation, the town will be reimbursed for two-thirds of the eligible costs, not to exceed $ 4,000.

10. Generally the grants will be made for the maximum $ 4,000 State funds, $ 2,000 local funds. (It is not expected that those municipalities with low Class 2 mileages will apply every other year as most will not be able to demonstrate a need for retreatment or construction this frequently.)

History

• Effective Date: July 1, 1979 (SOS Rule Log #79-54)

Chapter 007 RULES AND REGULATIONS FOR THE PYAMENT OF JUNKYARD SCREENING COMPENSATION

14-007 Code Vt. R. 14-010-007-X RULES AND REGULATIONS FOR THE PYAMENT OF JUNKYARD SCREENING COMPENSATION

Section I RULES AND REGULATIONS FOR THE PAYMENT OF JUNKYARD SCREENING COMPENSATION

(1) For the purposes of these rules and regulations, the phrase "just compensation....for reasonable and necessary costs incurred for the landscaping or other adequate screening" shall mean:

a. The monetary reimbursement for the actual costs incurred between May 17, 1971 and December 31, 1972, in complying with the screening rules and regulations adopted by the Board on April 27, 1971, except that said costs shall not exceed the costs the Board would have incurred if it had installed a fence deemed satisfactory to comply with the aforementioned screening rules and regulations, or

b. The installation of a fence, or landscape materials, to effectively screen a junkyard in compliance with the Board's rules and regulations, or

c. The monetary reimbursement of the costs incurred by an owner/operator in installing a fence, or landscape materials, of his own choice or design, which effectively screens the junkyard, except that the costs shall not exceed those which the Board would have incurred had it installed the fence.

(2) For the purposes of these rules and regulations the junkyards that are eligible for compensation are those which were lawfully established on July 1, 1969, or those which became lawfully established between July 1, 1969 and December 31, 1972.

(3) No compensation shall be paid for any screening accomplished prior to July 1, 1969 or for any work accomplished between July 1, 1969 and December 31, 1972, that the Board determines as normal and necessary maintenance work.

Section II

(1) A junkyard owner/operator requesting compensation for expenses incurred in complying with the Board's rules and regulations shall submit a detailed bill or invoice to the Board listing costs of materials used and labor costs involved in constructing said screening. The owner/operator shall further submit evidence of satisfactory payment of such costs.

(2) A junkyard owner/operator desiring to install a screen other than the metal fence proposed by the Board, shall submit for consideration:

a. A request to utilize an alternative screening method and a description of the proposed alternative.

b. An estimate for the cost of the installation of the proposed screening.

(3) The Board may, in accordance with 24 V.S.A. 2243(5), refuse the payment of part or all of the requests for compensation, for expenses incurred under Section II (1) above or for estimated costs if a request is submitted in accordance with Section II (2) above, if it finds such costs are unreasonable or unnecessary.

Section III

(1) The screening to be installed by the Board will be a metal fence of either 8 foot or 12 foot height. The fence will be installed on the property of the owner/operator of the yard and become the property of the owner/operator and the owner/operator shall be responsible for the maintaining of the fence.

(2) The owner/operator shall be responsible for designating the fence line and/or property line to the State or its authorized representative. The owner/operator shall clear all junk, debris, structures, and vegetation (trees, shrubs and weeds) from the area where the fence is to be erected, providing the State, or its agent, a 20 foot wide, cleared work area. If the work area is not cleared by the owner/operator, the State or its agent will clear the area and the charge the owner/operator for such clearing at an hourly rate of $ 25.00 per hour for each hour and/or portion thereof. The State or its agent shall not be responsible for any damage alleged to have been committed during the clearing operations. The owner/operator shall be responsible for the disposal of any existing fencing or screening material, whether removed by the owner/operator, the State or the State's agent.

(3) The area to be enclosed by the metal fence will be a mutually agreed upon area with reasonable access to the enclosure via a gate or gates, equal in height to the fence, such gate(s) to have an opening of 20 feet. A "sketch plan" will be presented to each owner/operator for approval and/or comment. The Board shall decide if it is not feasible to screen a portion of, or all of a junkyard and may order the relocation or removal of the portion deemed not feasible to screen, as permitted by 24 V.S.A. 2243(4).

(4) If the Board orders that all or a portion of a yard is to be relocated, and it is possible to relocate the junk on the same property, the Board may elect to negotiate or pay the owner/operator for the relocation on a project basis.

History

• Effective Date: December 12, 1973

Chapter 008 RULE FOR PUBLIC TRANSIT SUBSIDY PROGRAMS

14-008 Code Vt. R. 14-010-008-X RULE FOR PUBLIC TRANSIT SUBSIDY PROGRAMS

Section 7.10 PURPOSE

The purpose of this rule is to define the policy, procedure and criteria adopted by the Agency of Transportation in accordance with 24 V.S.A., Chapter 126, Subchapter 2, Public Transit for apportioning State funds appropriated to the Agency of Transportation for subsidy support to public transit services in all areas of the State and for apportioning Federal funds made available to the Agency of Transportation by the United States Department of Transportation through 49 U.S.C., § 1614, SECTION 18 Formula Grant Program For Areas Other Than Urbanized Areas of the Urban Mass Transportation Act of 1964, as amended, for subsidy support to public transit services in rural areas of the state. An enterprise conducting public transit services is eligible for subsidy support when enterprise income attributable to public transit operations falls short of enterprise expenses attributable to public transit operations. The rule encompasses definitions, eligible categories of assistance, prerequisites of eligibility, apportionment policy, apportionment mechanism and general application procedures.

Section 7.20 DEFINITIONS

Annual Passengers: Verifiable number of passengers developed by public transit services as defined in this rule during the most recent twelve month period preceding an application for assistance; does not include passengers developed by single-ride taxi, charter or exclusive school bus transportation.

Charter Service: Transportation service provided in a vehicle licensed to render that service and engaged at a specified price, rate or fee for a specific period of time, usually on a reservation or contractual basis.

Demonstrable Need: The annual financial deficit resulting from public transit operations over the period of a twelve month fiscal year calculated as follows:

Demonstrable Need = All Expenses Attributable to Public Transit Services-(All Income Attributable to Public Transit Services + Unencumbered Cash Assets).

Dial-A-Ride: Transportation operation designed to carry multiple passengers on a collective ride basis from their origins to specific destinations (generally door-to-door) either on an [advance (e.g. 24 hour) reservation] ad hoc or subscription basis.

Existing Projects: Public transit systems that have received State or Federal DOT operating subsidy support for public transportation services during the 12 month period preceding an application for continuing assistance.

Fixed Route Service: Public transit service operated over a set route or network of routes on a regular schedule.

Formula Funding: Funding made available to the state through Section 18 of the Urban Mass Transportation Act of 1964, as amended.

Jitney Service: Transportation service operated over a fixed route on a flexible schedule, picking up and discharging passengers on demand.

Local Match: Non-Federal cash and in-kind contributions provided by grantees, sub-grantees or third parties in satisfying cost sharing and matching requirements of the United States Department of Transportation.

Local Public Body: For purposes of this rule a unit of government constituted in accordance with Vermont law as a municipality, regional transportation authority or regional transportation district.

Net Deficit: Attributable costs minus attributable revenue for an eligible expense category during a fiscal period.

New Public Transit Service: Any eligible public transit service not previously provided.

New Projects: Public transit systems in the initial stage of service implementation and not previously receiving State or Federal DOT operating subsidy.

Non-Profit Public Transit System: A domestic corporation organized in accordance with 11 V.S.A., Chapter 19 having the majority of its governing board appointed by the legislative body of the municipality or municipalities served, and a function of providing a public transit service or a foreign nonprofit corporation located in a state which borders Vermont and provides public transit services in both Vermont and bordering state.

Paratransit: Transportation services, provided through flexible scheduling or routing in small vehicles, including ridesharing, dial-a-ride, jitney, airport limousine, subscription and route-deviated bus services.

Population Served: Latest U.S. Bureau of Census population figures or most recent Vermont Department of Health population figures for a community served by local public transit services.

Public Transit Service: Any fixed route, paratransit, transportation brokerage, user-side subsidy, and/or ride-referral/ride match program which is available to any person upon payment of the proper fare, and which is promoted to be available to all members of the public, including those with special needs. "Public" in this sense refers to the access to, not ownership of, the service. Specifically excluded from this definition are services which are reserved for the private or exclusive use of one individual, group or group of individuals such as single-ride taxi, charter and exclusive school bus transportation.

Public Transit System:

(A) a transportation authority as provided by No. 122 of the Acts of 1973;

(B) a transit authority or transit district as provided by 24 V.S.A., Chapter 127;

(C) any municipal transit system, or any nonprofit public transit system.

Regional Passenger Transportation Development Plan: A plan prepared by a regional working group and, as proposed or as amended, by regional planning commissions to determine the direction of public transit services for a five-year period.

Ride-Referral/Ride-Match Services: A non fare telephone based service for arranging rides.

Ridesharing: A form of transportation in which more than one person shares in the use of the vehicle, such as a bus, van or automobile, to make a trip.

Route Deviation: A hybrid transportation service under which vehicles may deviate from a fixed route, upon request, to provide demand responsive service within the immediate vicinity of the fixed route.

Rural Public Transit Services: Local public transit projects and services outside the designated urban area which are eligible for Federal Section 18 Formula fund assistance.

Shared-Ride: Service in which individuals cannot reserve a trip for their own private use.

State Revenue Funding: State funding authorized by the Legislature as grant assistance for Public Transit Services delivered by public transit systems.

Subscription Bus: A service in which routes and schedules are prearranged to meet the specific travel needs of riders who request the service in advance; the level of service is generally higher than that of regular passenger bus service (fewer stops, shorter travel time, and greater convenience).

Transportation Brokerage: Matching the most appropriate services and providers to individual markets.

User-Side Subsidy: A direct subsidy to transportation users which allows them to select the service they prefer.

Section 7.30 ELIGIBLE ORGANIZATIONS

Public transit systems as defined herein are eligible for state revenue funding subsidy support for public transit services conducted in any geographical area of the state and for formula funding subsidy support for public transit services conducted in rural areas of the state.

Legally constituted private-for-profit companies are eligible for subsidy support when operating under a contract to provide public transit services with a public transit system, such funding to be provided through the public transit system. Applicants that are not local public bodies will make provision for a fair and timely opportunity for the community or communities served, or to be served, to participate in the planning and implementation of the transportation services, specifically in the type, nature and extent and quality of the services. Transportation services that compete with those of established private-for-profit transit or paratransit providers are not eligible for subsidy assistance. In addition, applicants for subsidy assistance must afford private-for-profit transit and paratransit providers fair and timely opportunity to participate, to the maximum extent feasible, in the planning and provision of the proposed transportation services.

Section 7.40 ELIGIBLE CATEGORIES OF SUBSIDY ASSISTANCE

7.401 State Revenue Funds: Subsidy assistance is available based on the demonstrable need of the enterprise for financial assistance to conduct public transit operations, however, no public transit system shall receive State revenue funding in excess of fifty percent (50%) of the eligible operating expenses applicable to the public transit services proposed for state funding assistance. State Revenue Funds are eligible to be used to match federal subsidy assistance for public transit services.

7.402 Section 18 Formula Funding: Subsidy assistance is available based on the demonstrable need of the enterprise for financial assistance to conduct public transit operations in other than urbanized areas. The eligible categories of assistance and local match requirements, unless stipulated otherwise in Federal program rules and regulations, are as follows:

| Expense Category | Subsidy Assistance | Minimum Local Match Requirement | | --- | --- | --- | | Capital | Up to but not to exceed 80% of Net Deficit | 20% | | Administrative | Up to but not to exceed 80% of Net Deficit | 20% | | Operating | Up to but not to exceed 50% of Net Deficit | 50% |

7.403 Subsidy assistance is not available for services which are reserved for the private or exclusive use of one individual or group of individuals, such as single-ride taxi, charter or exclusive school bus transportation. Transportation services not eligible for subsidy are a local expense. Revenues from non-eligible transportation services should be sufficient to cover the fully allocated costs of providing those services. Revenues from non-eligible transportation services surplus to the amount necessary to cover the fully allocated costs of providing those services may be used as local match for Federal public transit services subsidy.

Section 7.50 PRE-REQUISITES

7.511 Compliance with a regional transportation development plan. Further, when the transportation element of a regional plan prepared in conformance with the provisions of 24 V.S.A. Subparts 4302 and 4348 is adopted after July 1, 1991, public transit services within the region must be in compliance with the regional plan, in order to be eligible for state assistance; provided however, that if the regional plan has been disapproved under the provisions of 24 V.S.A., Subpart 4476, that compliance shall not be required.

7.512 Assurances that all public transit facilities and services are accessible to the disabled or a plan for public transit facilities and services to be accessible by disabled persons.

7.513 For new services, a plan for the proposed area of service to include an analysis of needs; an operating plan to meet needs, and a budget and timetable for implementation. The plan will clearly state why the service is the best suited in comparison with other alternatives for meeting the needs of the area and to what degree the service will be coordinated with other public transportation services.

7.514 Approval of AOT to be included in an Annual Program of projects.

7.515 Projects in the Chittenden Urbanized area must be included in the Transportation Improvement Plan for the area as approved by the Chittenden County Metropolitan Planning Organization.

Section 7.60 APPORTIONMENTS OF FUNDING

As approved by the Agency of Transportation, funding for both the State Revenue and Section 18 Formula funding programs will be made available based on the level of estimated demonstrable need as indicated by a total enterprise budget which delineates anticipated public transit revenue and expenses for the anticipated project period. State Revenue funds for existing projects and Section 18 Formula funding for existing and approved new projects will be apportioned based on the procedure in Section 7.70.

State Revenue funding for approved new projects is based on the following. Up to, but not to exceed, ten percent (10%) of the State Revenue funds appropriated in a State fiscal year shall be available to approved new projects. Approved new projects which receive grants from private-for-profit or private non-profit organizations for the provision of new public transit services shall receive priority consideration for funding and shall be eligible for matching grants on a dollar for dollar basis from the State for the first year of operation of the services insofar as such funds are available, not to exceed the ten percent (10%) reserve.

After the priority distribution, remaining balances of the 10% reserve will be apportioned to approved new projects as requested. If the the remaining ten percent (10%) reserve is not adequate to meet the need identified by all approved new projects, funding will be apportioned pro-rata, e.g. distributed proportionately according to the estimated need of all approved new projects.

Any remaining balance of the ten percent (10%) reserve not required for approved new projects shall be distributed to existing projects based on the procedure in Section 7.70.

Section 7.70 DISTRIBUTION MECHANISM

State Revenue and Federal Section 18 formula funds made available to the Agency of Transportation will be allocated to approved applicants within each funding program by the Secretary of Transportation on the basis of estimated demonstrable need within the following general guidelines:

7.71 An applicant's enterprise wide budget which clearly delineates anticipated public transit revenues and expenses will be reviewed to determine the applicant's estimated demonstrable need.

7.72 Based on the total amount of estimated demonstrable need in all applications for assistance received before an announced due date the Agency will determine Statewide level of estimated demonstrable need for State Revenue funding and the estimated demonstrable need of rural systems for Federal Section 18 formula funding for the program project year.

7.73 If adequate State Revenue and Federal Section 18 formula funding exists to meet the estimated demonstrable need identified in part 7.72 of this rule, funding shall be apportioned within each program as requested.

7.74 If adequate total State Revenue and Federal Section 18 formula funding does not exist to meet the need identified in part 7.72 of this rule, funds will be apportioned pro-rata within each program, e.g. distributing the funding proportionately according to estimated need to all organizations approved for participation in each program.

Section 7.80 GENERAL PROCEDURES

7.81 Annually each eligible grantee shall prepare a project plan to include necessary program information and assurances of compliance with applicable State and Federal laws, rules and requirements. The project plan shall also contain, at a minimum:

7.811 A description of the organization.

7.812 The types of services to include the routes, hours and frequency of services.

7.813 Evidence that proyision was made for the community or communities to be served to participate in the planning and implementation of the transportation services.

7.814 A complete enterprise budget for the fiscal year clearly delineating anticipated public transit revenues and expenses as well as the source and nature of other enterprise income and expenses and unencumbered cash assets.

7.815 Statistical information to include population of communities served by public transit services, annual public transit passenger volumes and any other detail required to be furnished by State or Federal program requirements.

7.816 The plan will be of sufficient detail to permit the Agency of Transportation to evaluate the annual program.

7.82 Approved applications will be included in a State program of projects for public transit and for those involving Section 18 formula funding, submitted to the U.S. Department of Transportation for final approval.

7.83 Funding will be paid to grantees within the terms and conditions of a contract with the State. State Revenue funds will be paid on a semi-annual payment basis, the first payment immediately upon full approval of the contract by the grantee and the State and the second payment to occur at the start of the third quarter of the state fiscal year.

Section 18 formula funds will be paid to grantees on a reimbursement of expense basis.

7.84 The Agency of Transportation will require the grantee to provide an independently performed post project audit in accordance with existing State and Federal audit policy, or, at the Agency's option, the Agency may conduct, or cause to be conducted by an independent accounting firm, such an audit. The cost of the audit will be paid by the grantee and is an eligible program cost.

7.85 At the conclusion of the project and in conjunction with the post audit, the grantee will provide a verifiable statement of actual demonstrable need pertaining to the project period. Federal and State funding paid to the organization and which is surplus to the grantee's demonstrable need will be returned to the State within thirty (30) days of the state's acceptance of the post-project audit.

History

• Effective Date: July 13, 1991 (SOS Rule Log #91-39)
• Statutory Authority: 24 V.S.A. C. 126

Chapter 009 RULES AND REGULATIONS ADOPTED BY THE TRANSPORTATION BOARD RELATIVE TO THE OPERATION OF JUNKYARDS

14-009 Code Vt. R. 14-010-009-X RULES AND REGULATIONS ADOPTED BY THE TRANSPORTATION BOARD RELATIVE TO THE OPERATION OF JUNKYARDS

Section I RULES AND REGULATIONS

The phrase "effectively screens" as used in 24 VSA, 2257(a), shall mean that the nature and character of any objects located within the junkyard cannot be defined when viewed from the public highway. A temporary waiver of the requirement of effective screening may be granted by the Board under extenuating circumstances. Application must be made in writing to the Board stating reason for request, length of time requested, and substantiation of the circumstances requiring the waiver. The waiver, if granted, shall remain in effect for a period not to exceed 90 days from the date of issue.

For the purpose of establishing a height from which to determine the effectiveness of screening, the American Association of State Highway & Transportation Officials Standard of 3 feet 9 inches, average eye level height of a person sitting in a motor vehicle, is adopted. This standard is to be used at the centerline of any highway involved.

Section II

Screening shall be a fence constructed of wood, metal, chain link with a fabricated insert, an earthen berm, living coniferous trees, or any other alternative method approved by the Board. All fences must be a minimum of 8 feet in height, unless otherwise approved by the Board, and shall be of sufficient height to effectively screen all junk located within the junkyard. If the junkyard is on a side hill, making it impractical to construct a fence high enough to screen the yard, a series of fences may be constructed to screen the yard.

A wooden fence shall be constructed of boards with a minimum width of 6 inches, and shall have a maximum spacing of 1/2 inch between said boards. The bottom of the ience shall be a maximum of 6 inches above ground level. The fence shall be painted or stained with a single color or treated with a preservative if the material is new.

A metal fence shall be constructed of sound material with a minimum width of 24 inches and a maximum space of 1/2 inch between the panels. The fence shall be painted with a single color unless the material is galvanized. No portion of a metal fence shall be allowed to remain rusty for more than 6 months.

A chain link fence with fabricated insert shall be constructed of galvanized or aluminum coated, or aluminum alloy materials. All hardware shall be galvanized. The fabricated insert shall be a minimum of 1 7/8 inches in width and shall be of wood, aluminum or plastic. Wood inserts shall be painted with a single color or treated with a sealer. Damaged inserts for chain link fences shall be replaced when required in order to maintain an effective screen.

The berm may be constructed of any solid material including, but not limited to stumps, demolition debris, rubber tires, etc., or any other non-contaminating material. The slopes of the berm shall be graded smooth and covered with not less than 3 inches of topsoil and shall be seeded with the highway standard seeding formula or its equivalent, if approved by the Board.

Living coniferous trees shall be a minimum of 8 feet in height and planted in three rows with the rows staggered at 8 foot intervals with the trees a maximum of 6 feet apart within each row, unless otherwise approved by the Board. Any trees found to be dead at any future time shall be replaced during the next planting season.

There shall be no more than one of the approved screening materials used to screen any one side of the yard. Adjacent sides may use different approved screening materials.

Compliance with the screening requirements shall be accomplished prior to the issuance of a license by the Board.

Section III

No initial license will be issued to an operator whose proposed junkyard is within a flood plain as designated by the Agency of Environmental Conservation or in swamp land.

Section IV

Failure to comply with these rules and regulations or any of the provisions of Title 24, Vermont Statutes Annotated, Chapter 51, Subchapter 10, pertaining to junkyards shall result in immediate legal action and possible revocation of the junkyard license.

Section V

Upon petition and due notice, the Board may, following a hearing. waive any of the foregoing provisions. The hearing may be held before the Board or any Member thereof.

History

• Effective Date: April 27, 1971
• AMENDED: April 13, 1972;
• November 13, 1974
• Statutory Authority: 24 V.S.A. C. 51

Chapter 010 PREQUALIFICATION, BIDDING AND CONTRACT AWARDS (REPEALED)

14-010 Code Vt. R. 14-010-010-X PREQUALIFICATION, BIDDING AND CONTRACT AWARDS (REPEALED)

History

• EFFECTIVE DATE: October 2, 1986 Secretary of State Rule Log #86-58
• AMENDED: December 1, 1995 Secretary of State Rule Log #95-78; repealed August 24, 2007 by Secretary of State Rule Log #07-030

Subagency 050 MOTOR VEHICLES DEPARTMENT

Chapter 011 RULES REGARDING MANDATORY INSURANCE

14-011 Code Vt. R. 14-050-011-X RULES REGARDING MANDATORY INSURANCE

A. Each insurance company or authorized representative issuing a policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle which is delivered or issued for deliver in this state shall, at the time of delivery of the policy, issue insurance identification cards to the named insured.

B. Cards shall meet the following specifications:

1. Size of the card may vary from 3" x 2 1/2" to 5 1/2" x 3< 3 >/4".

2. The card shall be a one-part form on at least 20 pound white paper stock.

3. The following must be shown on the card:

a. Vermont Automobile Insurance Identification Card.

b. A statement that the card must be carried in the possession of or the vehicle of the named insured at all times that the named insured is operating a vehicle.

c. The name of the insurance company.

d. The name of the named insured.

e. The policy number.

f. The policy effective date and expiration date.

g. A statement that the policy provides the minimum insurance prescribed by law.

h. If a vehicle is owned, a description including year, make or model and vehicle identification number of each. If the policy covers five or more vehicles, the word "Fleet" may be substituted for the vehicle description.

4. At the option of the insurer other information may be included such as company logo, insured's address, agent/broker's office address, what to do in the event of an accident, etc.

5. Temporary identification cards with the same specifications, except that the word "temporary" must be shown, may be utilized pending receipt of the permanent card by the policyholder. Insurance binders, policies or endorsements may also be utilized as temporary proof of insurance.

C. Each person who has been certified as self-insured by the Commissioner shall prepare an insurance identification card for the use of such person, or may use the certificate of self-insurance furnished by the Commissioner.

D. An insurance identification card shall be produced by the operator of any motor vehicle upon the request of a law enforcement officer.

E. If an operator is unable to produce the card on the request of a law enforcement officer, he or she shall not be charged with a violation of 23 V.S.A. § 800 if a card showing coverage in effect on the date of the alleged violation is presented to the arresting officer within 15 days of said violation.

F. If a person is licensed to operate by a jurisdiction other than Vermont, the proof of insurance which is accepted in the licensing jurisdiction shall be accepted in this state provided that such proof contains substantially the same information as herein required.

G. Notwithstanding Section B of this rule, for the period from January 1, 1986 thorugh [through] December 31, 1986, inclusive, acceptable proof of insurance shall mean insurance identification cards as specified herein above, insurance policies, binders and endorsements.

History

• Effective Date: November 9, 1985 (SOS Rule Log #85-69)

Subagency 010 TRANSPORTATION BOARD

Chapter 012 STANDARDS AND RULES FOR DESIGNATION, MAINTENANCE AND RECONSTRUCTION OF SCENIC ROADS

14-012 Code Vt. R. 14-010-012-X STANDARDS AND RULES FOR DESIGNATION, MAINTENANCE AND RECONSTRUCTION OF SCENIC ROADS

Appendix C STATE OF VERMONT TRANSPORTATION BOARD

133 State Street, Montpelier, Vermont 05602

Reprinted below are the standards and rules for designation, maintenance and reconstruction of scenic roads as adopted by the Transportation Board following recommendation by the Scenery Preservation Council.

The standards and rules provide procedures for use in selection and designation of scenic highways as a means of preserving the scenic quality of the rural landscape. In addition, they describe techniques for reconstruction and maintenance of designated scenic highways in a manner which will preserve scenic quality without reduction in the level of service or safety required by users of the highway.

The publication entitled "Designating Scenic Roads, A Vermont Fieldguide," additional copies of the "Scenic Road Criteria" and copies of the Scenic Roads Statute, No. 58 of the Acts of 1977 are available on request.

Paul H. Guare, Executive Secretary

Transportation Board

133 State Street

Montpelier, VT 05602

Tel: 802-828-2669

Section 1 DESIGNATION AND DISCONTINUANCE OF SCENIC ROADS

(a) The criteria to be used by the State and Towns in designating scenic roads shall be those contained in the document entitled "Criteria for the Designation of Scenic Roads," as promulgated by the Transportation Board as a part of these rules and regulations.

(b) Such criteria may be reviewed annually by the Scenery Preservation Council for continued appropriateness and may be revised, as necessary by the Transportation Board on the recommendation of the Scenery Preservation Council.

(c) A publication, entitled "Designating Scenic Roads, A Vermont Fieldguide," adopted by the Transportation Board, shall serve as the official guide for the use of the designation criteria. Copies may be obtained from district transportation administrators (formerly known as district highway engineers).

(d) Prior to the public hearing which must precede designation or discontinuation of any highway as a scenic road, the State Transportation Board or legislative body of the town shall give Public Notice of the date, place and purpose of the hearing. Public Notice here and at other points in these rules shall mean notice in a newspaper of general publication in the municipality affected, the posting of such notice in one or more public places within the municipality, and by written notice to the district transportation administrator, regional and town planning commissions not less than fifteen (15) days prior to the date of the public hearing.

Section 2 IDENTIFICATION OF TOWN SCENIC HIGHWAYS

(a) Selectmen shall identify designated scenic roads on the Annual Certificate of Highway Mileage (HD-301) filed pursuant to Section 15(b), Title 19, V.S.A.

(b) Selectmen shall include proposed expenditures on scenic roads, if any, in the Town Highways Annual Plan (HD-52 rev.) filed pursuant to Section 17(k), (m) of Title 19, V.S.A. If an annual plan includes such proposed expenditures, a copy of the plan shall be submitted to the relevant Regional Planning Commission.

Section 3 MAINTENANCE AND RECONSTRUCTION OF TOWN SCENIC ROADS

(a) Maintenance

At the time a highway is selected as a Scenic Road, the criteria responsible for this designation shall be clearly identified and recorded on the form entitled "Criteria for the Designation of Scenic Roads," which may be obtained from district transportation offices or regional planning commissions. When a town designates a road as scenic, it shall enter this completed form in its records and transmit a copy to the Agency of Transportation as an attachment to its Annual Certificate of Highway mileage. Scenic roads will be maintained as nearly as possible in the condition which existed at the time of designation; that is the essential components such as width, alignment and grade of surface will not be changed materially; elevations and locations of ditch lines shall remain constant except for minimal adjustment required by normal cleaning operations. The roadway surface shall not be changed except for graveling or retreatment.

Permitted Roadside Maintenance

Permitted roadside maintenance shall be detailed at the time of designation. Normally this would be restricted to the removal of dead trees and brush cutting to protect established views. For example, if scenic or panoramic views are the reason for the designation, underbrush and small trees shall be removed as necessary to protect the view. If the designation was created because of stone walls or similar unique roadside features, these factors should be noted and maintenance activities adjusted to protect and enhance them.

The book, titled The Vermont Backroad as published by the Ottauquechee Regional Planning Commission, is adopted as the official guide for maintenance. Single copies of this guide may be obtained by local officials from their district transportation administrators. Nothing contained in these rules and regulations shall relieve towns of their responsibilities as defined in Title 19, Section 931, V.S.A.

(b) Reconstruction

When modification of a scenic road is required by change in the function or use of the road, or as the result of a natural disaster, the local legislative body shall investigate the impact of such modification on the criteria responsible for the scenic designation.

Scenic roads determined to require reconstruction shall be designed and constructed in accordance with Agency of Transportation Standard A-65 and in accordance with the techniques and recommendations contained in the booklet, The Vermont Backroad.

The legislative body of a town may appeal to the Vermont Transportation Board for a variance from these standards, in accordance with 19 V.S.A. 1019(c), if considered necessary for the preservation of specific scenic features.

Modification of Scenic Road

Before modifications are made to a scenic road, the legislative body shall conduct a hearing, following adequate public notice, as specified under 1(d), to discuss the effects of the proposed modification and the possible removal of the road from the scenic classification.

A detailed plan of the proposed modification, including measures to minimize adverse effects, shall be presented at the public hearing. Prior to the public hearing the selectmen are encouraged to discuss proposed modifications with the district transportation administrator and appropriate regional and municipal planning commissions. The selectmen shall allow these same parties two weeks after the hearing in which to provide written comment. At the hearing, the local legislative body shall describe the effect of the proposed modification on the criteria responsible for designation and shall receive testimony from the public.

Action by Legislative Body

After considering all available information and testimony, the Legislative body shall determine if the need for the proposed modification is sufficient to justify any reduction in the scenic quality of the road. It shall publicize its decision, which shall include the principal reasons in support of that decision, by posting in the town clerk's office and by written notice to those parties identified under 1(d) "public notice." No modification of the scenic road may be initiated for seven (7) days from the date of posting and notification to the parties.

If it is determined that the proposed modification will result in the elimination of the scenic quality of the road so that it will no longer meet selection criteria, the legislative body may proceed to discontinue the road's scenic designation in accordance with Section 1019, Title 19, V.S.A.

Section 4 EMERGENCY REPAIRS

(a) In the case of a natural disaster where the highway becomes impassable or unsafe for public travel and access must be provided, maintenance and/or reconstruction standards may be suspended with the approval of the legislative body for the purpose of emergency repairs. Notice of this action shall be submitted in writing within three (3) days of the proposed action to the appropriate regional planning commission and district transportation administrator. A detailed report of the repairs and the effect of the scenic criteria shall be submitted to the same parties within thirty (30) days following completion of repairs.

Emergency repair operations should be conducted in a manner which will avoid or reduce adverse effects on the criteria responsible for designation. In emergency situations, the concern for the public good and safety will be given precedent over scenic considerations.

Section 5 SIGNING OF SCENIC ROADS

(a) Signs as required for purposes of traffic safety shall be in accordance with the Uniform Manual on Traffic Control Devices for States and Highways as published by the American Association of State Highway and Transportation Officials.

Section 6 MAINTENANCE AND RECONSTRUCTION OF STATE SYSTEM SCENIC ROADS

(a) Maintenance

At the time a highway is selected as a scenic road, the criteria responsible for this designation shall be clearly identified and properly recorded. Scenic roads will be maintained as nearly as possible in the condition which existed at the time of designation; that is the essential components such as width, alignment and grade of surface will not be materially changed; elevations and locations of ditch lines shall remain constant except for minimal adjustment required by normal cleaning operations.

(b) Reconstruction

The design for reconstruction of scenic roads shall be developed in conformity with current standards, modified as appropriate to preserve the scenic character of the road.

The plan and description of improvement projects not presented for discussion at a public hearing shall be submitted for comment to the appropriate regional planning commission which shall respond within fifteen (15) days of the receipt of such plans and description.

History

• Effective Date: October 17, 1978 (SOS Rule Log #78-104)

Chapter 013 RULES AND REGULATIONS RELATIVE TO ADMINISTRATION OF NO. 63 OF PUBLIC ACTS OF 1973 - TOWN BRIDGES, ROAD MONEY

14-013 Code Vt. R. 14-010-013-X RULES AND REGULATIONS RELATIVE TO ADMINISTRATION OF NO. 63 OF PUBLIC ACTS OF 1973 - TOWN BRIDGES, ROAD MONEY

Action 1

The Transportation Board adopts an amended rule called Rules for Distribution of Emergency Aid Funds, as follows:

II. Emergency Aid

n1 State share financed from Title 19, Section 17(e) funds. Right-of-way costs financed from town funds.

n2 State share financed from Title 19, Section 17(e) funds. Right-of-way costs financed from town funds.

n3 Cost of engineering financed from Title 19, Section 17(c) funds.

n4 State share financed from Title 19, Section 17(e) funds.

n5 State share financed from Title 19, Section 17(d) funds.

LOCAL AUTHORIZATIONS

Pursuant to 19 V.S.A., Section 1810, municipalities must obtain ratification of the local portion of theproject [the project] costs, as such portion is periodically assessed by the Agency, within 18 months of the approval of the project by the Board. In the event ratification is not obtained within 18 months, the State shall withdraw from the proposal. No subsequent application may be accepted by the Agency unless 18 months has passed since the earlier application was approved.

ASSESSMENT OF PROJECT COSTS

Subsequent to approval of a project by the Board, towns will be assessed periodically for the local share of the project costs, as the project continues through the planning and design stages. Failure of a town to pay the required assessment will result in the suspension of the project.

ENGINEERING COSTS FOR OFF-SYSTEM PROJECTS

Funds available under Title 19, Section (c) may be used by the Agency for financing the cost of engineering services supplied to town governments in connection with the planning and design of Federal Off-System Projects.

Action 3.

A rule entitled "Town Highway Annual Financial Report", adopted by the Highway Board on July 16, 1974, is amended as follows:

TOWN HIGHWAY FINANCIAL REPORT

1. The emergency aid is available only in the event of natural disaster or unforeseeable major catastrophe.

2. The town shall also file an accounting of its available unexpended State and local highway funds.

3. The application shall be submitted to the District Highway Engineer, who shall investigate the damage resulting from the emergency and file a report to include a description of such damage, estimated cost to repair, status of existing Town Highway Funds, evaluation of the need, a recommendation, and any other pertinent information.

4. The application and report shall be forwarded to the Highway Board via the Chief Engineer and Commissioner of Highways, who will add their recommendations.

5. The Highway Board shall, within funding limitations and recommendations of the District Highway Engineer, Chief Engineer and Commissioner of Highways, apportion funds to the town.

ELIGIBILITY

Funds made available from the Emergency Aid Fund are intended to assist towns faced with a financial emergency for the repair of Class 1, 2 or 3 town highways damaged as the result of a disaster. A disaster is defined as a sudden, calamitous event bringing great damage, loss or destruction.

APPLICATION PROCEDURE

A town seeking such assistance must notify the District Transportation Administrator of its intention to file an application immediately after the disaster occurs to permit timely appraisal of the damage by the Administrator. Subsequent to this appraisal a formal application shall be submitted to the Transportation Board.

CONTENT OF APPLICATION

The application shall include the following information:

1. A statement of the reasons why the disaster has created a financial emergency for the town.

2. A description of the damage with a listing of the measures taken to prevent or reduce the damage.

3. An estimate of the cost of repair.

BOARD ACTION

The completed application shall be submitted to the District Transportation Administrator who shall append his comments and recommendations and forward the application to the Board via the Agency of Transportation. The application shall be reviewed by the Board which shall determine if the disaster has created a financial emergency for the town, if an award should be made and if so, the amount of the award.

In the event financial assistance is awarded, the Board may impose such conditions as it deems appropriate for the particular disaster involved, which conditions shall not constitute a precedent for future situations.

Action 2.

A rule entitled "Procedure for Administration of Federal Aid Funds on Town Highways" adopted by the Highway Board on July 16, 1974 is amended as follows:

1. A Class 1, 2 or 3 highway must be on the Federal Aid System to be eligible for expenditure of Federal Aid funds except when Federal Aid funds become available for use on non-Federal Aid System Highways.

Contracts must be let for Federal Aid construction. Federal Aid funds are not available for construction by town forces except under special circumstances as approved by the Commissioner of Highways on an individual case basis.

CONSTRUCTION

Federal Aid funds will not be available for construction by town force account except under special circumstances when approved by the Secretary of Transportation. Unless otherwise ordered by the Agency and the Federal Highway Administration, projects shall be advertised for competitive bid. The Agency shall furnish plans and specificiations upon which the contract will be awarded by the town and the Agency.

3. Additions to and deletions from the Federal Aid System require approval of the local town officials, the State Highway Board, and the Federal Highway Administration.

4. Projects are selected on a basis of a request by local officials thru the District Engineer, who recommends the project, thru the Highway Planning Division, to the Highway Board. Initiation of the project is accomplished with the execution of an engineering agreement between the town and State Highway Department.

PROJECT REQUESTS

All requests for Federal Aid Projects shall be initiated by local elected officials who shall submit the request to the District Transportation Administrator, who shall transmit the request with recommendation to the Secretary of Transportation or his designee. Requests for projects on the Urban M System shall also be submitted to the Regional Planning Commission for recommendation which shall also be transmitted to the Secretary of Transportation.

Annually, on or before June 1, the Agency shall submit to the Board its recommendation for projects to be approved for the ensuing Fiscal Year. The projects shall be arranged by individual program which shall include a statement of Federal funds to be made available plus balances remaining from previous fiscal years, a listing of each project with the amount recommended for allocation.

5. Projects are recommended for programming in the fiscal year in which federal and state funds are available, with further consideration to the time schedule required to advance the project to construction.

6. Right-of-way required for the project will be purchased by the town in accordance with procedures established by State and Federal right-of-way regulations and laws. The Right-of-Way Division of the Highway Department will insure adherence, and will assist the towns with personnel when required.

PROPERTY ACQUISITION

Right-of-way required for the project will be secured by the town in accordance with procedures established by State and Federal right-of-way regulations and laws. The Property Administration Section shall supervise property acquisition activities and assist the towns with personnel as required. Personnel may be employed by the town, subject to approval of the Property Administration Chief to assist in right-of-way acquisition.

7. Public hearings as required by the Department of Highways Action Plan will be conducted by the Highway Department's Planning Division. Hearings required for right-of-way are the responsibility of the town officials.

PUBLIC HEARINGS

Public Hearings as required by the Agency of Transportation Plan shall be scheduled and conducted by local officials with the assistance of the Agency.

8. Right-of-way and Maintenance Agreements will be executed between the town and the Highway Board upon completion of the design plans prepared by the Department of Highways.

AGREEMENTS WITH TOWN

Following approval of the programs by the Board, the Agency shall execute agreements with the towns for the execution of the project, such agreement to include provisions relative to engineering aspects, financing and right-of-way acquisition. Right-of-way and maintenance agreements will be executed between the Agency and the town upon completion of the design plans.

9. Advertising and awarding of the contract will be accomplished by the Highway Board. Construction supervision will be assigned to a Department of Highways Resident Engineer by the Highway Department.

FINANCING

Towns participating in Federal Aid projects shall provide the required matching share of all project costs, as follows:

| System | Federal Share | State Share | Local Share | Total | | --- | --- | --- | --- | --- | | Urban | 75% | 15% | 10% | 100% | | Primary n1 | 75% | 25% | 100% | | | Rural Secondary n2 | 75% | 25% | 100% | | | Off System n3 | 75% | 25% | 100% | | | Hazard Elimination n4 | 80% | 20% | 100% | | | Rail/Highway Crossings | 90% | 10% | 100% | | | Bridge Replacement n5 | 80% | 16% | 4% | 100% |

1. The Report will be filed on forms furnished by the Highway Board.

1. The report shall be prepared on forms supplied by the Agency of Transportation and shall portray amounts budgeted for town highways for the fiscal year and the actual expenditures for the same fiscal year.

2. The form must be completed in its entirety and filed with the Highway Board. A town is ineligible to receive allocations for the ensuing year until this report is received by the Board.

3. Town records supporting this Report must be retained by the town for a period of 6 years and must be available, upon request, for inspection by the Highway Board or its representative.

4. Acceptance of the Town Highway Annual Financial Report by the Highway Board does not, in any way, act as verification of the contents thereof.

5. Town Highway funds will be maintained separate from other town funds, unless the town has previously demonstrated to the Highway Board that the accounting system in effect can adequately produce the desired information.

6. Reports of expenditures on town highways will be filed with the District Highway Engineer for the purpose of (a) assisting towns in development of data required for the annual expenditure report; (b) assembling data needed for the production of the annual plan; and (c) evidencing that State funds were expended only for the purpose for which they were apportioned as required by the Statute.

Form HD 66, Report of Expenditure of Money on Highway Work is available for use by towns where accounting procedures are compatible with this form. In towns where HD 66 is not used, town officials with approval of a representative of the Highway Board, may elect alternate reporting procedures.

The report will be filed on at least a quarterly basis or at more frequent intervals as, in the judgment of town officials and the representative of the Board, will be consistent with the objectives of the expenditure report procedure.

2. The annual financial report shall be submitted to the Agency of Transportation within 45 days of the close of the town's fiscal year.

3. A town shall not receive its next quarterly apportionment under Title 19, Section 17(f), (g), and (h) until the annual financial report is received by the Agency.

History

• Effective Date: December 17, 1980 (SOS Rule Log #80-129)
• Statutory Authority: 19 V.S.A. C. 1, § 17

Chapter 014 TRAFFIC SAFETY REGULATIONS

14-014 Code Vt. R. 14-010-014-X TRAFFIC SAFETY REGULATIONS

The following regulations in the interest of public safety have been adopted by the Transportation Board to govern the display of official business directional signs licensed by the Travel Information Council.

Roadside Signs

Design - The design of an official business directional sign shall not conflict with the standards set forth in the Manual on Uniform Traffic Control Devices prepared by the National Joint Committee on Traffic Control Devices and approved by the U. S. Bureau of Public Roads for Federal-Aid highways.

2. Text Dimensions - The letter heights and widths shall be such that a single sign, or all the signs comprising a sign assembly, may be read by a motorist without having to reduce the speed of his vehicle below the safe operating speed of the highway, or on highways having a legal minimum speed, without having to reduce the speed below such minimum.

3. Sign Assemblies - An assembly of more than one official business directional sign mounted on the same support shall not exceed four separate signs.

4. Sign Supports - The posts used for mounting official business directional signs shall conform with the Department's standards for breakaway and yielding type posts.

5. Locations

The following minimum measurements shall apply to the locations of single Official Business Directional Signs or Official Business Directional Sign assemblies. For measurement purposes, an intersection is defined as that point in center line of a public highway where center line of another public highway intersects or joins center line of such highway at an angle, whether such highway crosses or not.

a) Six feet outside the highway shoulder to the near edge of the sign, but not less than eight feet from the edge of the pavement. Two feet from the face of curbs and curbed areas to the near edge of the sign. Official Business Directional Signs must face the flow of traffic nearest it, except for the Official Travel Information Council Approach Signs for the Travel Information Plazas.

b) Two hundred feet approaching and two hundred feet beyond a traffic control sign or device in the direction of the flow of traffic.

c)

1. Seven hundred and fifty feet approaching and two hundred feet beyond the intersection of two or more federal or state numbered routes or signalized intersections in the direction of the flow of traffic.

2. Two hundred feet approaching and two hundred feet beyond other public highway intersections in the direction of the flow of traffic which intersects on a federal or state numbered route.

d) One hundred feet approaching and one hundred feet beyond other public highway intersections in the direction of the flow of traffic.

e) Seven hundred and fifty feet approaching and two hundred feet beyond a railroad grade crossing in the direction of the flow of traffic.

f) Two hundred feet approaching another business direction sign or assembly or two hundred feet beyond another business direction sign or assembly in the direction of the flow of traffic.

g) The location of an existing traffic control device, or the need for a new device, shall take precedence over the location of a business direction sign either existing or proposed.

h) Limited Access Highways

1. A sign shall not be erected on the National System of Interstate and Defense Highways including, but not limited to, its ramps.

2. A sign will not be erected on any four lane divided highway including, but not limited to, its ramps, with the exception of the Official Travel Information Council Approach Signs for the Travel Information Plazas.

3. A sign will not be erected on any other limited access facilities without the expressed written approval of the Commissioner of Highways or his authorized representative, with the exception of the Official Travel Information Council Approach Signs for the Travel Information Plazas.

6. Request for Variance of the Highway Safety Regulations

a) All requests for variance will be considered formal proceedings. The hearing will be held at a time and place designated by the Chairman of the Transportation Board within 60 days of the filing of the petition for variance. Written briefs if desired shall be submitted at least five days prior to hearing.

1. The brief must contain a general description of the highway safety problem.

b) The Hearing Officer will report to the Transportation Board.

c) A decision by the Transportation Board will be rendered in writing to all parties within a reasonable time.

Off-Highway Signs

The geometric design of a sign plaza shall conform with the standards adopted by the American Association of State Highway Officials.

2. The locations of official business directional signs displayed in a sign plaza shall be such that the faces of the signs shall not be visible from the highway.

Approved by Attorney General's Office - January 27, 1969

Approved by State Highway Board - February 14, 1969

Amended by Transportation Board - April 12, 1977

Filed with Secretary of State - April 13, 1977 - and filed as Rule No. 118-1, effective April 19, 1977

History

• Effective Date: February 14, 1969
• AMENDED: April 19, 1977
• February 27, 1980 (SOS Rule Log #80-33)

Chapter 015 WOMEN-OWNED AND DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

14-015 Code Vt. R. 14-010-015-X WOMEN-OWNED AND DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

Preamble

It is the intention of the Vermont Transportation Board and the Vermont Agency of Transportation to assure that all businesses, regardless of ownership, be allowed equal access through competitive bidding, to all work advertised by the Agency of Transportation. Consistent with this policy, the Agency has traditionally maintained and will continue to maintain an atmosphere of freedom and equality in its bidding and award procedures.

The Board and the Agency emphasize their support of and belief in, the system of free enterprise, but also recognize and endorse national policy addressing the special needs of businesses owned by disadvantaged peoples and by women.

The document attached hereto and referred to as the Women-owned and Disadvantaged Business Enterprise Program, for implementation by the Vermont Agency of Transportation, represents Board policy regarding the equal rights of women-owned and disadvantaged business enterprises (W/DBE) to participate in all contracts financed in whole or in part with public monies. The Program also details the affirmative efforts the Agency will undertake to assure that results are achieved.

To this end, the Vermont Transportation Board and the Agency of Transportation issue the following policy statement affirming its commitment to women-owned and disadvantaged business enterprises.

POLICY STATEMENT

The Vermont Agency of Transportation shall require, through contractual provisions, that all of its contractors, subcontractors, consultants, cities, towns and all other recipients and sub-recipients of federal-aid funds administered by this Agency, ensure that women-owned and disadvantaged business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the Vermont Transportation Board endorses the following Women-owned and Disadvantaged Business Enterprise Program, as an affirmative means to fulfill the philosophy that all business, regardless of ownership, be allowed equal freedom and opportunity to compete for all contracts. Furthermore, the Board directs the Agency to take the necessary action to ensure that all contractors, subcontractors, recipients and sub-recipients take reasonable steps to comply with all current state and federal laws and regulations pertaining to women-owned and disadvantaged business enterprises.

...

Chairperson, Vermont Transportation Board

...

Secretary, Vermont Agency of Transportation

INTRODUCTION

Purpose

The purpose of this program is to provide guidelines for the continued refinement, upgrading, and management of the Agency's W/DBE program. These guidelines include procedures to insure that W/DBEs have an equitable opportunity to compete for contracts and subcontracts, and to ascertain the eligibility of W/DBEs and joint ventures involving W/DBEs. A W/DBE Registry is also part of this plan.

Included are the percentage goals for the dollar value of work to be awarded to W/DBEs, the development of procedures requiring that subcontract solicitations of W/DBEs are documented by competitors for contracts, and procedures to insure that prime contracts are awarded to competitors that meet W/DBE goals.

Authority

The preparation of this W/DBE Program is done in accordance with 49 C.F.R., Part 23 and Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and is scheduled for adoption under the State of Vermont's Administrative Procedures Act.

Scope

The requirements of this W/DBE program apply to contracts financed in whole or in part with federal funds. The program is designed to serve all Divisions of the Vermont Agency of Transportation. While the program applies to contracts financed in whole or in part with federal funds, the Vermont Agency of Transportation will actively solicit participation by W/DBEs in all contracts that lend themselves to such participation.

Definitions

Definitions are included in Appendix D.

IMPLEMENTATION RESPONSIBILITIES

1. Transportation Board

The Transportation Board is the policymaking body for transportation issues.

2. Secretary of Transportation

The ultimate responsibility for achieving Women-owned and Disadvantaged Business Enterprise Program objectives rests with the Secretary of Transportation.

3. Agency Chief of Contract Administration

Overall Agency responsibility for assuring external contractor compliance with E.E.O., Civil Rights, and W/DBE regulation is delegated by the Secretary of Transportation to the Chief of Contract Administration as Equal Employment and W/DBE Liaison Officer.

4. Contract Compliance Officer

The Contract Compliance Officer assists the Chief of Contract Administration in implementing external contractor compliance procedures.

5. Transportation Program Specialist

The Specialist assists the Contract Compliance Officer by providing expertise in computerized data management systems, program analysis, policy and procedural advice, and program administration.

GOALS

The methodology for the selection of annual percentage goals for the dollar value of work to be awarded W/DBEs is as follows.

The Agency will establish overall annual percentage goals, and when necessary, specific contract goals which are practical and related to the potential availability and capability of W/DBEs. These goals are intended to direct a justified, proportionate amount of contracting and subcontracting opportunities to disadvantaged and woman-owned small businesses. Projects targeted for goals will be selected in accordance with their capability to accommodate the areas of expertise that W/DBEs certified in Vermont have demonstrated ability to perform and the availability of competing W/DBE firms.

Overall Annual W/DBE Participation Goal

The overall annual goal shall consist of a single goal combining both women-owned and disadvantaged business enterprise participation.

The following factors will be evaluated when determining the Agency's overall goal for value of work to be awarded W/DBEs.

1. Agency projected contract letting schedules.

Schedules will be reviewed annually for number of projects proposed for construction, types of projects (e.g. paving, bridge, rail, roadway, airport, etc.) and geographical location.

2. Past results attained in achieving the annual overall goal.

Previous goal statistics will be analyzed on a yearly basis to determine degree of success in attaining the projected goal. The knowledge will be applied when setting the new projected annual goal.

3. Availability and capability of W/DBEs.

Geographic concentration of project activities in relation to W/DBE availability will be a major consideration when establishing the overall goal. Work categories of demonstrated W/DBE expertise and capability will also be a consideration when determining the overall goal.

4. Census Statistics

The size and composition of the minority population will be a factor of consideration when establishing the annual W/DBE participation goal.

5. Information From the Consultation Process

Information provided by the W/DBE community concerning the availability of W/DBE firms and information received as a result of Public Notices announcing the proposed annual goal will also be considered.

Individual Contract W/DBE Participation Goal

A specific contract goal may be assigned by the Agency as a means to achieve and maintain the overall annual goal. The following factors will be considered, if it is deemed necessary to establish a specific contract goal.

1. Availability of known qualified DBEs and WBEs.

2. Desired areas of contracting expertise.

Geographic location of project.

Size of project and conduciveness to subletting possibilities.

5. Success in achieving the current year's W/DBE participation goal.

The Supplemental Specifications for W/DBE Utilization is included in Appendix H. The subject of individual contract goals is discussed further in Section V - "W/DBE Utilization".

Procedure for Warning

The Agency will establish an overall W/DBE participation goal in accordance with the methodology contained in this section and submit them to the U.S. Department of Transportation for approval. A public notice will be written detailing the new overall W/DBE annual goal. This public notice will be published in major Vermont newspapers announcing said goal; a sample of this notice is included in Appendix A. A description of the methodology used in selecting the goal will be available for citizen inspection for thirty (30) days following the date of the notice. This material will be made available to the public at:

The Vermont Agency of Transportation

Contract Administration Division

133 State Street

Montpelier, Vermont 05602

Telephone: (802) 828-2641

The public notice will also allow for a public comment period of forty-five (45) days following the date of the notice. Comments will be directed to the above-stated address and be for information purposes only. The overall annual goal will be established on October 1 of each year and remain in effect through September 30 of the following year.

In addition to public notices, contracting organizations representing both minority and non-minority interest, will be solicited by mail concerning the proposed annual W/DBE goal. These responses and other public input will be considered when formulating the goal.

W/DBE PROGRAM PROCEDURES

The Vermont Agency of Transportation will strive to ensure the inclusion, development, and growth of women-owned and disadvantaged business enterprises in all Agency contractual activities with the goal of assimilating women and disadvantaged businesses into the transportation industry through affirmative, logical efforts.

Affirmative Actions

The Agency has or will:

1. Appoint a W/DBE Liaison Officer and such support staff as will be necessary to administer the W/DBE program. The W/DBE Liaison Officer will report directly to the Agency's Secretary and shall be responsible for developing, managing, and implementing the W/DBE program on a day-to-day basis.

2. Search out and identify qualified W/DBEs interested in participating in the Agency's federal-aid construction program.

3. Search out and identify qualified women or disadvantaged-owned and operated vendors, banking institutions and suppliers of goods, services and materials which federal-aid construction contractors may use in their day-to-day operation. Also, it will develop a list of these firms and assist them in contacting prime contractors in an effort to encourage purchases from those listed firms.

4. Work with interested W/DBEs in developing joint ventures and mentor-protege relationships between W/DBEs and/or between a W/DBE and a majority owned firm. The objective is to combine their resources to better compete for federal-aid work and/or to allow small, inexperienced firms to learn transportation-related trades from the more experienced contractors. A copy of the Agency's policy on mentor-protege relationships is contained in Appendix I.

5. Provide needed Supportive Services to interested W/DBEs in the areas of bonding, financing management, and technical assistance. Support Services may be provided by consultants, via mentor-protege, by institutions of higher learning, seminars, and other acceptable means.

Coordinate and supervise with the help and involvement of federal agencies and Agency officials, meetings between interested and prequalified firms. The intent of these meetings is to explain federal and state W/DBE utilization regulations, to give the W/DBEs an opportunity to meet and sell their firms capabilities to the prime contractors, and to identify and eliminate specific barriers common to these businesses.

7. Conduct sufficient follow-up actions on interested W/DBEs to formulate a standard for determining the extent of success achieved. Also, data collected from the follow-up will enable federal and state agencies to better formulate future courses of action relative to the Agency's W/DBE Program.

8. Assure that all parties to the Agency's federal-aid construction contracts are made cognizant of their responsibilities concerning the utilization of W/DBEs and other Equal Employment Opportunity obligations by transmitting this information at the project pre-construction conference.

9. Coordinate efforts with other State D.O.T. Liaison Officers and W/DBE Supportive Services consultants in assisting W/DBEs with interstate contracting capabilities. Also, it will share ideas and information with other in-state and out-of-state organizations working toward the common goal of providing equal opportunities for disadvantaged and women-owned firms.

10. The Compliance Officer shall conduct periodic reviews as part of the regularly scheduled Equal Employment Opportunity Comprehensive Compliance reviews on construction contracts to assure that adequate and documented efforts have been exercised by prime contractors to solicit quotes from available and qualified W/DBEs.

11. Maintain an up-to-date listing of certified disadvantaged and women-owned businesses and include this listing in all federal-aid contract proposals released by the Agency. It will ensure that all businesses seeking W/DBE status with this Agency are provided assistance in filling out the W/DBE certification application forms when necessary.

12. Establish an annual overall percentage goal, and when deemed necessary, a specific contract goal for the dollar value of work to be awarded to W/DBEs as permitted by law. Specific contract goals will be implemented only as a short-term method of maintaining the overall goal. Goals, and the methodology for establishing them are addressed in Section III of this program.

13. Maintain certification procedures which ensure that this program benefits only bona fide W/DBE firms. The Agency W/DBE certification process is further explained in Section IV of this program.

14. Design prequalification requirements to encourage small contractors to participate in our construction programs. Every reasonable effort will be made to assist W/DBEs in establishing prequalification status with the Agency.

15. Where feasible, large construction projects may be segmented to allow small W/DBE contractors the opportunity to bid.

Specific Affirmative Actions Employed

1. The Agency encourages the Certification Review Consultant to complete all reviews and submit a recommendation for certification (or denial) within 30 days of the initial contact with the applicant. Final approval by the Prequalification Committee usually occurs within three weeks of the receipt of recommendation from the Certification consultant. No backlog of certification applicants has existed since March,

3. The Agency's endorsement of certification reciprocity with other state departments of transportation has encouraged W/DBEs from other states in the region to seek work in Vermont. A letter requesting certification and a copy of the W/DBEs current letter of certification from their home state is all that is normally required for the reciprocal certification. This process can be completed in as little as a week's time.

4. The W/DBE Registry, a listing of firms certified as owned and controlled by women and/or disadvantaged persons, is updated on a monthly basis. This action ensures that bidders on federal-aid contracts have the most current listing of W/DBE certified firms.

5. The Agency encourages Vermont W/DBEs to use the Community College of Vermont during the winter shutdown months for courses relative to the highway construction industry and small buisness management. The Community College has the advantage of offering courses at locations throughout the state in an accredited educational system; tuition costs, room, lab, and textbook charges are reimbursed by the Agency through the W/DBE Supportive Services consultant, who administers course registrations.

6. The Agency continues to benefit from the inclusion of the Civil Rights Section as a part of the Contract Administration Division. The same individuals who administer the W/DBE Program also have responsibility for Equal Employment Opportunity and Affirmative Action Programs for the Agency, Labor Compliance review procedures, and Title VI Program. The Contract Administration Division prepares all contract documents for federal-aid projects, advertises bids, prequalifies contractors, distributes proposals to contractors, opens bids, and forwards the results of bids to the Chief Engineer. The proximity of W/DBE program personnel to the other staff and functions of the Contract Administration Division provides a knowledge of, and participation in these other functions. Contractors pick up and deliver proposals in the Contract Administration Office; W/DBE Program personnel meet and speak personally to active contractors, subcontractors, and W/DBEs on a regular basis. This face-to-face approach has resulted in a better understanding and acceptance of the program by the contracting community than might otherwise be possible.

All W/DBE Program personnel have an extensive background in various phases of highway preconstruction and/or as construction Resident Engineers and Inspectors. This knowledge and experience is essential to the understanding of the realities of how W/DBE subcontractor participation works on the project site.

6. Approximately every other construction season the Agency sponsors a conference to provide guidance to the contracting community on the various civil rights regulations that are effective in their federal-aid contracts--including W/DBE requirements.

W/DBE UTILIZATION

Solicitation Requirements

Prime contractors are required to solicit W/DBEs and provide physical evidence that such solicitation was done in good faith before subcontractor approval is granted. Binding provision to that effect are included in every federal-aid contract package. The kind of actions that will be considered by the Vermont Agency of Transportation as a good faith effort to meet the W/DBE goal and solicitation requirements shall include, but not be limited to, those outlined in 49 CRF § 23. 45, Appendix A. In addition, these requirements are reiterated in contract document CA-110 and also at the pre-construction conference prior to the commencement of construction. A copy of CA-110, dated September, 1987, is included in Appendix B.

A specific contract W/DBE participation goal is also set for a number of projects; the prime contractor is required to submit with the bid proposal a list of qualified W/DBEs the firm intends to contract with to perform portions of the work, the agreed price to be paid, and the specific contract items to be performed by each W/DBE. A copy of the supplemental specification, CA-160, is included in Appendix H as an illustration of Agency methods of administering contract goals and judging compliance with applicable W/DBE requirements. The specific goal required in this supplemental specification is revised for each applicable contract.

Subrecipients

As a precondition to receiving federal funds extended through the Agency, a subrecipient of Agency federal funds must comply with the requirements of 49 CRF Part 23. The subrecipient may have a federally approved W/DBE program or officially adopt the Agency program.

The W/DBE Liaison Officer will assist subrecipients in meeting W/DBE goals.

Use of W/DBE Banks

At this time, no disadvantaged or women controlled banks operate in Vermont. If such banks do emerge, the Agency will attempt to certify the business as a Women or Disadvantaged Business Enterprise utilizing the same certification process described in Section VI of this program. Upon certification, the bank will be listed in the W/DBE Registry. The Agency will encourage the solicitation and use of such banks by contractors.

W/DBE Registry

The Office of Contract Administration maintains an up-to-date listing of firms in the state and region certified to participate as W/DBEs in the Agency's contracting program. The firms are listed in work-performed categories with address and phone number and identified as a women or disadvantaged business enterprise. The Registry is included in every contract-proposal package for federally-funded projects. A copy of the current Registry is in Appendix J.

Contract Setasides

The use of contract setasides as a means to achieve W/DBE participation goals may be used when good-faith effort solicitation and specific contract W/DBE goals have failed to attain reasonable W/DBE participation in Agency projects. W/DBE setasides shall be used only in cases where at least three W/DBE firms with capabilities consistent with contract requirements exist so as to permit competition.

The Agency may select entire projects or specific items within individual projects for exclusive bidding privileges for W/DBEs.

CERTIFICATION

In order for the Agency to achieve the goals of the W/DBE program, it must insure that participation is limited to only those business entities for which the program is intended -- the bona fide woman-owned or disadvantaged business enterprise. To accomplish this, the Agency has developed a W/DBE certification process.

Certification of W/DBEs is a function of the Agency Prequalification Committee. This Committee, which is comprised of the Chief Engineer and Agency Division Heads, reviews each women-owned or disadvantaged firm applying for access to the Agency W/DBE Program. Their decisions are based on information presented in the Certification Application and recommendations from the Agency W/DBE Supportive Services Consultant and W/DBE Liaison Officer.

Eligibility Application

In December, 1984 the "Disadvantaged/Women Owned Businesses Certification Application" recommended by the FHWA Region I Certification Task Force was adopted for use by the Agency.

All in-state applicants wishing to participate in the W/DBE program must apply for W/DBE certification by completing this application, a copy of which is included in Appendix F of this program. Applicants must also submit the required documents pertaining to their firms as stipulated in the application. These forms will be made available to prospective W/DBE's through:

Vermont Agency of Transportation

Office of Contract Administration

133 State Street

Montpelier, Vermont 05602

802 -828-2641

or through the office of the W/DBE Consultant.

The Compliance Officer and W/DBE Consultant will actively solicit applications from the women and disadvantaged business community. Applicants are encouraged to submit the certification application as soon as possible and not wait until the Agency advertises a project that they wish to bid or give quotes on.

Review and Analysis

Certification applications are received by the Office of the W/DBE Certification Consultant; the Consultant conducts a comprehensive review of each application relevent to required information and content, and then conducts on-site interviews of in-state firms. When the certification application with required attachments and the on-site review form have been completed, the Consultant submits the application package, along with a recommendation relevant to certification, to the Compliance Officer. The Compliance Officer conducts a review of the application information and submits a recommendation, relevant to certification, via the W/DBE Liaison Officer to the Prequalification Committee. The Prequalification Committee has the ultimate authority to grant or deny certification. Appendix C contains information and guidance for qualitative review and analysis of applicants for W/DBE status.

Business Size

All firms applying for either W/DBE status must first meet the small business requirements defined in Section 3 of the Small Business Act referred to in Appendix B to subpart D of 49 CFR, Part 23.

Social and Economic Disadvantaged

1. Based on Ethnic or Racial Origin

Once a firm is determined to be a small business, social and economic disadvantaged status are reviewed. Guidance for determining social and economic disadvantage status is provided under Appendix C to subpart D of 49 CFR, Part 23.

Where ethnic or racial origin of an applicant is in question, recognition of the applicant by the particular ethnic or racial community he or she claims to be a member of should be the prevailing criteria upon which the ethnic or racial status is determined. In this sense, the degree of origin (1/8, 1/16, 1/32, etc.) is not as important as the ethnic or racial community's regard of the person as one of its members. Thus, a person claiming one minority parent or any degree of minority ancestry may or may not be found to be a minority under the regulations. In these cases, inquiry of the particular minority community should be made. Such an inquiry may include documentary evidence from disinterested persons whose ethnic/racial origin is not in question. Some sources would be individual members of the community the applicant claims to be a member of including community organization leaders, bank officials, and local business development organizations. Documentary evidence may include birth certificates, naturalization papers, Indian tribal role registration, statements from disinterested parties, and proof of membership and interaction in recognized racial or ethnic organizations.

2. Women which includes female persons regardless of race or origin.

Based on Factors Other Than Racial or Ethnic Origin.

Individuals who are not presumed to be socially and economically disadvantaged by virtue of gender or membership in a racial or ethnic group may, nevertheless, be found to be socially and economically disadvantaged on a case-by-case basis. If individuals request that their businesses be certified as eligible disadvantaged businesses, the Agency, as part of its certification process, will make a determination of social and economic disadvantage.

In making determinations of social and economic disadvantage, the Agency will be guided by the following standards:

a. The individual's social disadvantage must stem from color, national origin, physical impairment, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. The individual cannot establish social disadvantage on the basis of factors which are common to small business persons who are not socially disadvantaged. For example, an individual predicating a social disadvantage claim on denial of bank credit would have to establish that the denial was based on one or more of the listed causes, or similar causes - not simply on the individual's or the firm's marginal financial status.

b. Individuals must demonstrate that they have personally suffered social disadvantage, not merely claim membership in a non-designated groups which could be considered socially disadvantaged. This can be demonstrated, for example, by describing specific instances of discrimination that the individuals have experienced, or by recounting in some detail how their development in the business world has been thwarted by one or more of the listed causes or similar causes. In assessing these facts the Agency will consider prior administrative or judicial findings of discrimination experienced by them.

c. Each individual's social disadvantage must be rooted in treatment which they have experienced in the United States, not in other countries.

d. Each individual's social disadvantage must be chronic, longstanding, and substantial, and demonstrate a series of obstacles which have impeded their progress in the business world.

e. In addition to a personal statement from the individual claiming to be socially disadvantaged such evidence may be: third party statements, copies of administrative or judicial findings of discrimination, and other documentation in support of matters discussed in the personal statement. The Agency will consider the applicant's education, employment, and business history; the individual may present evidence relating to other matters as well. Moreover, the attainment of a quality education or job should not absolutely disqualify the individual from being found socially disadvantaged if sufficient evidence of social disadvantage is presented to the Agency.

Other evidence considered in the determination of social and economic disadvantage are:

• Denial of access to business and/or professional schools.

• Denial of equal access to education curricula.

• Exclusion from social and professional organizations.

• Denial of professional or educational honors.

• Social patterns or pressures which have discouraged the individual from pursuing a professional or business education or career.

• Discrimination in hiring promotion and/or professional advancement, pay/wages and fringe benefits, or disciplinary actions in education or employment.

• Unequal access to credit or capital.

• Inability to acquire credit or the necessity or mandate to acquire credit under unfavorable circumstances.

The Agency will make a determination as to whether the applicant firm and its owner(s) are in a more difficult social and economic situation than most firms and owners who are not disadvantaged. The applicant must also demonstrate that the firm is 51 percent owned by socially and economically disadvantaged individual(s) that this (these) individual(s) control the day-to-day management of the firm, and that the firm meets such other requirements for eligibility as a DBE described in this program.

Ownership and Control

The following standards will be used to determine whether a firm is owned and controlled by one or more socially and economically disadvantaged individuals as defined above, and therefore, eligible to be certified as a W/DBE by this Agency.

1. To be eligible the firm must be an independent business. The The ownership and control by the socially and economically disadvantaged must be real, substantial, continuing, and shall go beyond the pro forma ownership of the firm as reflected in its ownership documents. The socially and economically disadvantaged owners shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their ownership interests, as demonstrated by an examination of the substance rather than the form of the ownership arrangements.

2. The socially and economically disadvantaged owners shall also possess the power to direct or cause the direction of the management and policies of the firm and to make the day-to-day as well as major decisions on matters of management, policy and operations. The firm shall not be subject to any formal or informal restrictions which limit the customary discretion of the socially and economically disadvantaged owners. No by-law provisions, partnership agreements, charter requirements for cumulative voting rights or any other factor will prevent the socially and economically disadvantaged owners from making a business decision for the firm.

3. If the owners of the firm who are not socially and economically disadvantaged are disproportionately responsible for the operation of the firm, then the firm is not controlled by the socially and economically disadvantaged persons and shall not be considered a W/DBE. Where the actual management of the firm is contracted out to individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can be considered as controlling the business.

4. All securities which constitute ownership and/or control of a corporation for purposes of establishing it as a W/DBE shall be held directly by the socially and economically disadvantaged persons. No securities held in trust, or by any guardian for a minor shall be considered as held by socially and economically disadvantaged persons in determining the ownership or control of a corporation.

5. The contributions of capital or expertise by the socially and economically disadadvantaged owners to acquire their interests in the firm shall be real and substantial. Examples of insufficient contributions include a promise to contribute capital, a note payable to the firm or its owner who are not socially and economically disadvantaged persons, or the mere participation as an employee, rather than as a manager.

If at any time the Agency has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements on the disclosure affidavit, it shall refer the matter to the General Counsel of the Agency. The Counsel may initiate debarment procedures in accordance with 41 C.F.R. 1 - 1.604 and 12 - 1.602 and/or refer the matter to the Department of Justice under 18 U.S.C. 1001, as may be deemed appropriate. A copy of the Agency's Policy and Procedures on Debarment is included in Appendix I. The office of the Inspector General, U.S. Department of Transportation, may also be notified if fraudulent information or activity is suspected.

| Call | Write | | --- | --- | | Inspector General's Hotline | Inspector General | | Toll Free 800-424-9071 | P.O. Box 23178 | | Washington, D.C. Area 755-1855/56 | L'Enfant Plaza Station | | Washington, D.C. 20024-0178 | |

Information about the Inspector General's Hotline and a request that fraudulent activity be reported to the Hotline has been included in all federal-aid bid proposals for the period January, 1986 through July, 1986. Referrals to the Hotline may be made anonymously.

The field office contact for Vermont is:

Baltimore Regional Office

Special Agent-in-Charge

FTS: 8-922-6175

Comm: 301-962-6175

31 Hopkins Plaza, Room 1022

Baltimore, MD 21201

After approval of the findings by the Prequalification Committee, the applicant will be notified concerning whether or not the firm is eligible for participation in the W/DBE program.

Certification When A Change of Ownership Has Occurred

As a condition of certification a six month waiting period will be required of firms where majority ownership has been transferred to a woman/minority disadvantaged family member of the firms owner or to a company employee. This waiting period will start at the time the woman/minority disadvantaged person assumes ownership and control of the firm and extended to six months from that date. Women/disadvantaged owners may submit W/DBE certification applications to the Agency during the six month waiting period.

This requirement may be waived in special circumstances such as when the death of a male non-minority owner transfers ownership and control of a firm to a woman/disadvantaged family member, a male non-minority owner retires, or legitimate buy-outs by non-relatives or employees.

This policy applies only to Vermont based firms applying for W/DBE certification through this Agency.

Recertification

W/DBE firms appearing in the W/DBE Registry are notified by mail on an annual basis that they must be recertified. The firm must submit an update identifying whether a change in ownership has occurred since the last certification. A copy of this correspondence and update are included in Appendix E.

Certification Reciprocity With Other State And Small Business Administration 8 (a) Program

The W/DBE certification status of a firm's home state department of transportation (DOT), or similar entity that uses the certification requirements of 49 CFR, Part 23 will be honored by this Agency. Comprehensive certification reviews are not normally conducted on firms based outside Vermont. The out-of-state applicant is asked to supply verification that their certification is current with their home state DOT, and then recommended for certification to the Prequalification Committee, based on this policy of reciprocity.

By the same token, W/DBE firms who are decertified, or removed from the list of certified firms by their home state DOT, are also removed from this Agency's list. Status of an out-of-state W/DBE during the pendency of an appeal or third party complaint is explained in the section describing those actions.

Owner/Operator Certification

An abbreviated certification application and review procedure for W/DBE equipment owner-operators was instituted to allow the most expedient access to the W/DBE program by this type of small business.

Removal from W/DBE Registry by Administrative Action

In certain instances a certified firm may be removed from the Agency W/DBE Registry by the Agency W/DBE Liaison Officer. Such cause for this administrative action will include, but not be limited to:

1. Written request by a firm to be removed.

2. When a firm does not respond to a recertification update, a second update form (certified mail/return receipt) will be sent to the firm allowing 14 days following receipt to respond to the update before removal from the list of certified firms.

3. When an out-of-state based W/DBE has been decertified by its home state DOT.

Decertification

W/DBEs may be decertified and excluded from participation in the W/DBE Program for the following reasons:

1. The W/DBEs business entity has changed to the extent that the business is no longer owned and controlled by a disadvantaged person or woman.

The facts have been misrepresented on the certification application.

When it has been determined by the Agency that a W/DBE no longer meets the requirements for certification, the Prequalification Committee will notify the W/DBE by certified mail, return receipt, of the contemplated decertification, briefly describe the reasons why decertification is contemplated, and offer the firm or individual an opportunity to respond to reasons for decertification stated therein. The Prequalification Committee shall meet with the W/DBE to hear and discuss the arguments concerning decertification. The Prequalification Committee shall then issue a ruling.

Challenges to Firms Certified as Woman-owned or Disadvantaged Businesses

Any third party may challenge the socially and economically disadvantaged status of any individual (except an individual who has current 8(a) certification) presumed to be socially and economically disadvantaged if that individual is an owner of a firm certified by or seeking certification from the Agency as a W/DBE. The actual ownership and control of a firm certified as a W/DBE or the W/DBE's compliance with the requirements of 49 CFR 23 may also be challenged by any third party.

In making the determination of the challenged individual's status as a socially and economically disadvantaged individual the standards set forth in Appendix C to subpart D of 49 CFR, Part 23 shall be used.

The challenging party shall submit in writing to the Agency's Prequalification Committee all information available justifying his/her determination that whether the challenged party is not in fact socially and economically disadvantaged, or the ownership and control of the firm is questionable. Based on the information provided by the challenging party, the Prequalification Committee shall determine whether there is reason to believe that the challenge has adequate validity to merit further action.

If the Prequalification Committee determines that the challenge does have adequate validity following procedure shall be taken:

1. The Prequalification Committee shall notify the challenged party by certified mail/return receipt of the challenge. This notice shall identify the challenging party and summarize the grounds for the challenge. The notice may also require the challenged party to provide, within a reasonable time, information addressing the items detailed in the challenge.

2. The Prequalification Committee shall evaluate the information available and make a proposed determination in writing, setting forth the reasons for the determination. The Committee shall notify both parties certified by mail/return receipt of the determination.

During the pendency of a challenge, the certification of that challenged party as a socially and economically disadvantaged individual or the ownership and control of the firm previously used as a basis for certifying the firm as a W/DBE shall remain in effect until a final determination has been made.

If the Prequalification Committee determines that there is not reason to believe that the challenge is valid both parties will be so informed by certified mail/return receipt stating a reason for the determination. An appeal process similar to the one described below may be utilized by the challenging party.

If the Prequalification Committee determines that there is reason to believe that the challenge is valid, both parties will be so informed in writing by certified mail/return receipt stating a reason for the determination. The challenged party may also appeal the determination as described below.

All written notifications made during the pendency of a third party challenge procedure will also be by certified mail/return receipt to the U.S. Department of Transportation, Office of Civil Rights via the FHWA - Vermont Division Administrator.

Appeal Procedures

Any firm which believes that it has been wrongly denied certification as a W/DBE, been decertified as a W/DBE, or lost its certification as a W/DBE by challenge may file an appeal with the Prequalification Committee. Any individual who challenges the socially and economically disadvantaged status of an owner or the actual ownership of a firm and has that challenge denied may also appeal. The appeal shall be in writing, signed and dated, and contain reasons for the appeal. The appeal must be filed no later than 15 days after the date of denial, removal, or continuation of certification. After review of presented reasons in the appeal, the Prequalification Committee may reverse its action, or if it determines the appealed action is still in order, the appeal will be forwarded to the Secretary.

The Secretary will appoint a Hearing Officer who will schedule a formal hearing on the appeal. The hearing will be convened not less than 20 days nor more than 30 days after the appeal is filed. All parties involved will be notified by certified mail/return receipt of the hearing time, date and place, and their responsibility to provide information relevant to their position.

Based on the information presented at the hearing, the Hearing Officer will, within 20 days after the hearing, present a written report to the Secretary. The report shall contain findings of fact, conclusions, and recommendations.

The Secretary shall review the hearing evidence and the Hearing Officer's report and issue a decision concerning the matter. Written notification by certified mail/return receipt of the decision shall be sent to all parties involved within 20 days after the Secretary receives the recommendation from the Hearing Officer.

If the applicant is not satisfied with the decision of the Secretary, the decision may, in accordance with 49 CFR Part 23.55 dated March 31, 1980, be appealed directly to the U.S. Department of Transportation.

The Secretary may omit the appeal process within the Agency and advise the applicant to appeal directly to the U.S. Department of Transportation by writing to:

The Secretary of Transportation

Washington, DC 20590

Attention: Office of Civil Rights S-30

The status of a firm remains the same as it was prior to any certification, decertification, appeal or challenge procedures during the pendency of these procedures.

In cases of decertification, certification denial, challenges and appeals provisions have been added to allow the Agency to make a referral for legal action if it appears the matter would have potential for initiation of a debarment action or criminal prosecution. This referral may be either to the Vermont Attorney General's office or the US DOT Office of Civil Rights via the FHWA-Vermont Division Administrator.

Pre-Award Audit

Following bid opening on projects designated for specific goals, the Compliance Officer performs a pre-award audit/review of the low bidder's success in meeting the requirements set forth in the W/DBE Supplemental Specification Appendix H.

The following criteria is evaluated prior to awarding these contracts:

a. Review W/DBE certification file to determine:

Certification - the W/DBE is certified by Vermont Agency of Transportation and the certification is current.

Scope of Work - The W/DBE is capable of constructing items of work listed in contract proposal. The items of work to be subcontracted to W/DBE are listed in the W/DBEs scope of services.

b. Contact with the W/DBE to determine that the apparent low bidder actually negotiated with the W/DBE for items, quantities, and prices, identified in the bid proposal.

c. Contact W/DBE and apparent low bidder to assure the following criteria will be met by the W/DBE subcontractor:

1. Supervision - The W/DBE will provide adequate supervisory personnel to oversee the subcontracted work.

2. Work Crews - The W/DBE will provide work crews to accomplish subcontracted work.

3. Payrolling - The required payroll procedures will be adhered to by the W/DBE Subcontractor.

4. Materials - The W/DBE will purchase and provide required materials to fulfill subcontract requirements and maintain supporting invoices verifying purchases of these materials.

5. Equipment - The W/DBE will furnish necessary equipment to accomplish subcontracted work and provide rental or ownership documentation of this equipment.

6. Commercially Useful Function - The W/DBE will provide a commercially useful function as specified in Agency Contracting and Subcontracting Policy.

d. Special Arrangements are evaluated including:

1. Will the W/DBE rent or lease equipment from the prime? Are there or will there be written lease agreements?

2. Is the prime contractor providing the W/DBE with working capital on the project?

3. Is the prime contractor or any other contractor loaning the W/DBE supervisory personnel or labor to accomplish the subcontracted work?

The award of the contract is based on the apparent low bidder's responsiveness to the requirements of the specification and evidence revealed through this audit that the W/DBE participation scheduled in the proposal will meet relative Agency and Federal requirements.

Following completion of the pre-award audit, the Compliance Officer forwards a report to the Civil Rights/Labor project file for the project and notifies the Specification Engineer of the results of the audit. Award of the contract does not proceed until all pre-award W/DBE participation requirements have been satisfied.

Project Monitoring

In addition to regular monitoring of W/DBE participation on the project site by the Resident Engineer field visits are conducted by Agency Compliance Section personnel and the results of such visit reported to the Compliance Officer.

Twelve (12) Comprehensive Equal Employment Opportunity/Affirmative Action Compliance Reviews are conducted annually by Compliance Section personnel. These reviews include a full report of the contractor's efforts to subcontract portions of the project to available W/DBEs, and an audit of the participaton of W/DBEs on the project.

The W/DBE Supportive Services Consultant is responsible for inspecting the participation of W/DBEs named to fulfill participation requirements on specific goaled projects. The Consultant is responsible for reviewing the Civil Rights Project files and interviewing project Resident Engineers to determine the date(s) the W/DBE will be working on the project. In addition to observing the progress of the W/DBE subcontractor, interviewing W/DBE employees and supervisors, determining the ownership of equipment being used by the W/DBE subcontractor, the Consultant provides a written recommendation to the Compliance Officer relevant to the commercially useful function being served by the W/DBE on that project.

Verification of Payments To W/DBEs

In accordance with the W/DBE Utilization Supplemental Specification the Compliance Officer requires that prime contractors on W/DBE specific goaled projects submit verification of payments made to the W/DBE(s) on their project. This requirement was implemented to further document that prime contractors are actually achieving the level of W/DBE participation originally obligated in their contract. Generally, cancelled checks are the only means of payment verification accepted.

Final Audit Procedure

Upon notification from the Construction Engineer that a final inspection has been scheduled for a project containing specific goals, the Compliance Officer conducts a final review of W/DBE payment verifications submitted by the prime contractor to determine if W/DBE participation met contract requirements.

The Compliance Officer may at his/her option, notify the Resident Engineer by memo if contract W/DBE requirements have not been met and request that the matter be resolved prior to final payment; or he/she may recommend to the Chief of Contract Administration that progress payments be suspended immediately pending resolution of the non-compliance matter. Progress or final payments may be suspended by the Chief of Contract Administration by a memo to the Chief of Financial Mangement via the Chief Engineer, and Director of Administration.

Sanctions & Suspensions, Debarment, Voluntary Exclusions

The Agency will impose sanctions in accordance with contract supplemental specifications W/DBE Utilization (CA-160) and W/DBE Policy - Contract Requirements (CA-110) against contractors failing to comply with the socio-economic obligations required in Agency bidding procedures and contract execution. Copies of these documents are contained in Appendix B and H.

Likewise, when adequate evidence exists, sufficient to support the reasonable belief that commission of fraud or criminal offense was a factor in obtaining or performing on a public contract, appropriate legal action will be pursued through the Vermont Attorney General's office or the U. S. Department of Justice.

In addition, the Agency's Policy and Procedures on Debarment apply to both W/DBE's and non-W/DBE's alike where it is demonstrated that government funds may not be properly utilized or the State's interests properly safeguarded. A copy of this document is included in Appendix I.

PUBLIC NOTICE

VERMONT AGENCY OF TRANSPORTATION

Disadvantaged Business Enterprise Overall Annual Goals

For Fiscal Year October 1, 1987 through September 30, 1988

Pursuant to U.S. Department of Transportation regulations contained in 49 Code of Federal Regulations, Part 23, all State transportation agencies receiving Department of Transportation financial assistance must establish overall percentage goals for the dollar value of work to be awarded disadvantaged and women-owned businesses. This action has been deemed necessary in order to provide these businesses the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. The Vermont Agency of Transportation is a recipient of U.S. Department of Transportation financial assistance and hereby proposes the following goals in accordance with these regulations:

| Fiscal Year 1988 Overall Goal for Disadvantaged Business | | | --- | --- | | Enterprise Participation - FHWA Funded Programs | 13% | | Fiscal Year 1988 Overall Annual Goal for Disadvantaged | | | Business Enterprise Participation - UMTA Funded Programs | 10% |

A description of the methodology used in establishing these goal values will be available for inspection during normal business hours at the following address:

Vermont Agency of Transportation

Contract Administration

133 State Street

Montpelier, Vermont 05602

Telephone: (802) 828-2641

Comments pertaining to these goals will be accepted at the above referenced address for a period of 45 days from the publishing date of this notice.

These goals will take effect at the conclusion of the comment period and after consideration of public opinions.

Susan C. Crampton

Secretary

Agency of Transportation

WOMEN/DISADVANTAGED BUSINESS ENTERPRISE POLICY CONTRACT REQUIREMENTS

1. Policy. It is the policy of the United States Department of Transportation (DOT) that Woman-owned and Disadvantaged Business Enterprises (W/DBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal Funds. Consequently, the W/DBE requirements of 49 CFR Part 23 and 23 CFR, Chapter 1, Part 230, Subpart b apply to this contract.

2. W/DBE Obligation. The State and its Contractors agree to ensure that W/DBEs as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the State and its Contractors shall not discriminate on the basis of race, color, sex, national origin, physical disability or veteran status in the award and performance of DOT assisted contracts.

3. Sanctions for Noncompliance. The Contractor is hereby advised that failure of the Contractor, or any Subcontractor performing work under this contract, to carry out the requirements set forth in paragraphs 1 and 2 above shall constitute a breach of contract and, after the notification of the VT AOT, Secretary of Transportation, may result in termination of this contract by the State or such remedy as the State deems necessary.

4. Inclusion in Subcontracts. The Contractor shall insert in each of its subcontracts this Women/Disadvantaged Business Enterprise Policy dated September, 1987, and also a clause requiring its subcontractors to include this same Policy in any lower tier subcontracts which they may enter into, together with a clause requiring the inclusion of the Policy in any further subcontract that may in turn be made. This Policy shall not be incorporated by reference.

5. The Agency 1988 Overall Annual Goal for W/DBE Participation in our Federal Aid Contracting Program is 13.0%.

6. All Contractors seeking subcontracted services or purchasing materials must make good faith efforts to solicit available and capable W/DBE firms for price quotations on work to be performed or the supplies required for the project. Evidence of good faith effort must be documented and presented to the Construction Engineer when submitting subcontractor approvals.

Factors to Consider in Certification and Verification

The following pages identify situations which may indicate the need for closer scrutiny during a review of the documents and an on-site visit. We recognize that many of the following situations exist in legitimate D/WBE firms.

Women Business Enterprises

A. RELATIONSHIP TO NON-MINORITY MALE

1. Either wife, daughter, or office secretary.

B. EXPERIENCE

1. Either as office secretary for a number of years with no operational or managerial experience;

or

Office secretary with secretarial or bookkeeping experience or some administrative experience.

C. STOCK OWNERSHIP

1. Gift from husband or father.

2. Distributed among mother and daughter(s) to meet 51 percent pro forma ownership.

3. Minimal cash outlay.

4. Stock issued but never purchased.

5. Non-minority is 49 percent stockholder.

6. Transfer occurred subsequent to issuance of DOT's NBE regulations.

D. SALARY

Minimal or none.

2. Less than father, husband, or former boss.

E. EMPLOYMENT AGREEMENT

1. None.

F. FINANCING

1. By father, husband, or corporate loan.

G. DECISION MAKER

1. Father, husband, or former boss.

H. TECHNICAL ASSISTANCE

1. Bonding company, insurance company, CPA, and Attorney are the same as father, husband, or former boss' company.

Factors to Consider in Joint Venture *

A. RELATIONSHIP TO NON-MINORITY PERSON

1. Former or current employee.

B. EXPERIENCE

1. Usually lower-level field experience, such as gang foreman.

2. No managerial experience. No administrative experience.

C. STOCK OWNERSHIP

1. Minimal cash outlay;

or

Loan from non-minority person;

or

Stock issued but never purchased.

2. Non-minority is former boss and has 49 percent stock ownership.

D. SALARY

1. Less than non-minority person or essentially the same.

E. EMPLOYMENT AGREEMENT

1. Pratecting the non-minority person's investment in time and capital.

2. No protection for minority person.

F. FINANCIAL

1. By non-minority person as corporate loan.

G. DECISION MAKER

1. Non-minority person.

• These situations may be present in a recognized mentor/protege relationship which may be encouraged by the State (see Attachment C) to develop DBEs.

H. TECHNICAL ASSISTANCE

1. Generally represented by a very high-paid Attorney.

Has bonding limit well in excess of assets.

3. Knows very little of insurance requirements.

FACTORS TO CONSIDER IN A CORPORATE SPIN-OFF *

A. RELATIONSHIP TO NON-MINORITY PERSON

1. Former women/minority person employee.

B. EXPERIENCE

1. With former non-minority corporation as skilled employee.

2. May have some administrative skills.

C. STOCK OWNERSHIP

1. Minimal personal investment.

2. Loan from former employer.

3. Former employer usually retains 49 percent stock ownership.

D. SALARY

1. Continues working for old employer.

2. Part-time effort for new business.

E. VOTING RESTRICTIONS

1. Greater than 51 percent of stockowners required for quorum.

Non-minority person's wife put on the Board of Directors.

F. FINANCING

1. Usually by former employer.

G. DECISION MAKER

1. Minority person lacks managerial experience and relies on former employer.

H. TECHNICAL ASSISTANCE

1. Banding company, insurance company, CPA, and Attorney are the same as corporation owning 49 percent of alleged MBE.

• These situations may be present where a recognized mentor/protege relationship has been encouraged by the State (see Attachment C) to develop DBEs.

DBE CERTIFICATION/VERIFICATION PROCEDURE

Outline of Major Components

1. DBE DEFINITION

A. Must Be:

1. A small business as defined by Section 3 of Small Business Act (average gross annual receipts not to exceed $ 12 million for last three fiscal years).

Socially and economically disadvantaged individuals as defined by ( 49 CFR 23 ).

Socially and economically disadvantaged individuals are American citizens or lawfully admitted permanent residents who are:

a. Black Americans

b. Hispanic Americans

c. Native Americans

d. Asian Pacific Americans

e. Asian Indian Americans

f. Members of other groups or individuals economically and socially disadvantaged as determined by the Small Business Administration under Section 8(a) of the Small Business Act (SBA) ( 15 U.S.C. 637(a)) or the State in accordance with SBA criteria. See Appendix C (case by case).

B. Ownership and Control

1. Fifty-one percent ownership by minority, female, or socially and economically disadvantaged individual.

2. Daily management and business operations controlled by one or more minorities or females. (Stock ownership or transfer to minors or relatives does not constitute ownership and control.)

II. CERTIFICATION

A. DBE Advisory Committee

1. Composition

a. State officials, e.g., Civil Rights, Legal, etc.

b. Community representatives, e.g., business groups, contractors' associations, etc.

c. Other Government agencies, e.g., SBA, HUD, etc.

d. Combination of a, b, c.

Some States have discovered that it is useful to incorporate the resources of a D/WBE Advisory Committee into their verification and certification procedures. The composition of the Committee varies according to the preferences of the individual States.

2. Function

a. Review certification applications and documents.

b. Review investigation reports following on-site visits to DBEs.

c. Hold certification hearings.

d. Recommend approval/disapproval of firms as DBEs/WBEs.

e. Periodically review and revise certification/verification procedures.

f. Notify firms of certification, recertification, decertification, or denial of certification.

B. Verification

1. Document Review

a. Business Size

• Certified Income Statements

• Federal tax returns for most recent 3 years

b. Minority Status

• Birth certificates

• Naturalization papers

• Indian Tribal role registration

• Recognition of applicant in the particular minority community as a minority through sworn and notarized statements from bona fide members of the community who are clearly disinterested parties.

• Proof of membership and interaction in recognized minority organizations.

c. Ownership

• Articles of Incorporation, By-laws, Partnership Agreements.

• Copies of issued stock certificates.

• Copies of all shareholder agreements including voting trusts, employment contracts and other agreements between owners and company.

• Minutes of first and most recent Board of Directors meeting.

• Contributions of capital, titles to equipment or other proof of property ownership.

• Federal Corporate Tax returns for last 3 years. Schedule E Compensation to Officers.

d. Control

• Minutes of all Board of Directors meetings. (Note election of officers and delegations of authority.)

• Copies of all shareholder agreements including voting trusts, employment contracts, and other agreements between owners and company.

• Copies of any third party agreements.

• Examples of documents that would demonstrate management control. For example: copies of contracts, loan agreements, insurance policies, performance bonds, etc., signed by the minority/female owners.

• Resume of work experience of applicant, non-minority owners, and officers.

C. Verification

1. On-site

a. Interview principals.

b. Interview other people with knowledge of firm and its principals (including employees).

2. Reports

a. Report of document review.

b. Report of on-site review.

c. Above reports should conclude:

(1) Ownership

(2) Operational Control

(3) Managerial Control

Please Note: An audit of the firm's books and records would not normally be required to obtain certification. The firms should be required to submit documentation to support each area of eligibility determined necessary by the State.

DEFINITION OF TERMS

ACT

The Surface Transportation and Uniform Relocation Assistance Act of 1987.

AGENCY

The Vermont Agency of Transportation

AFFIRMATIVE ACTION

Means taking specific steps to eliminate discrimination and its effects, to insure nondiscriminatory results and practices in furture [future] contracts and programs funded by U.S. DOT.

COMPLIANCE

The satisfactory condition existing when a recipient or sub-recipient has effectively implemented all of the W/DBE requirements or can demonstrate that every good faith effort has been made toward achieving that end.

CONTRACT

Means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. For purposes of the W/DBE Program, a lease is a contract.

HEARING OFFICER

Means an individual who is appointed to hear appeals or denials of certification and to report the findings of fact, conclusions, and recommendations to the Secretary.

JOINT VENTURE

Means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge.

NONCOMPLIANCE

Means the condition existing when a recipient or contractor has failed to implement the requirements of the W/DBE program and has failed to demonstrate good faith effort toward achieving that end.

RECIPIENT

Means any entity, public or private, to whom U.S. DOT financial assistance is extended, directly or through another recipient for any program.

SECRETARY

The Secretary of the Vermont Agency of Transportation.

SUBCONTRACT

Means a contract between a party to an original contract and a third party to provide a specified part of the work or materials required in the original contract.

SUBRECIPIENT

Means any entity, public or private, to whom U.S. DOT financial assistance is extended, through the Agency, for any program.

W/DBE CERTIFICATION APPLICATION

Means an application for certification under the Agency's W/DBE Program which includes the applicant's assurance that any changes which may affect eligibility will be reported to the Agency.

VERMONT AGENCY OF TRANSPORTATION

SUPPLEMENTAL SPECIFICATION

Women/Disadvantaged Business Enterprise Utilization

Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act (STURAA) of 1987 mandates that not less than ten (10) percent of all revenues to be appropriated under the Act's provisions shall be expended with disadvantaged businesses. The Act also provides that women shall be presumed to be socially and economically disadvantaged individuals for the purposes of this subsection. The Vermont Agency of Transpotation (VAOT) has established a combined Women-owned and Disadvantaged Business Enterprise (W/DBE) participation rate of 13% for the Agency's 1988 overall annual goal. The VAOT is a recipient of funds acquired under this Act and is implementing the following bidding procedure to assure that all such firms are offered the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with federal funds.

A. Definitions

As used in this supplemental specification, the following terms shall have the following meanings:

Disadvantaged Business Enterprise, (DBE) or Women Business Enterprise, (WBE) means a small business concern:

(a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals,

(b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it, and

(c) is certified by the Vermont Agency of Transportation as being owned and controlled by socially and economically disadvantaged individuals.

2. Socially and Economically Disadvantaged Individuals means those individuals who are citizens of the United States and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(d) of the Small Business Act. ( 15 U.S.C 637(d)) and relevant subcontracting regulations promulgated pursuant thereto. In addition, women who are citizens of the United States shall be presumed to be socially and economically disadvantaged individuals for the purposes of section 106(c) of STURAA.

(a) Black Americans, which includes having origins in any of the Black racial groups of Africa;

(b) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin, regardless of race.

(c) Native Americans, which includes persons who are American Indians, Eskimos, Aluets, or Native Hawaiians;

(d) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Thailand, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Territories of the Pacific and the Northern Marianas, and

(e) Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh.

(f) Women, which includes female persons regardless of race or origin.

3. Women/Disadvantaged Business Enterprise Participation Schedule, is a schedule completed by the Bidder, on the form included in the proposal for this project, naming the disadvantaged firm(s), the name(s) and item number(s) of the work to be subcontracted to the W/DBE, contract unit price for the item(s), and the actual agreed total price for which the W/DBE will perform said work on this project.

4. Women/Disadvantaged Business Enterprise Unavailability Certification, is a written certification, completed and submitted by the Bidder on the form included in the proposal for this project detailing the unavailability of W/DBEs for certain work.

5. Specific Contract Women/Disadvantaged Business Enterprise Goal, means the percentage of the Bidder's total contract bid amount to be subcontracted to contractors, suppliers, consultants, etc. owned and controlled by socially and economically disadvantaged individuals.

6. Good Faith Solicitation Effort, means the Bidder's degree of effort to meet the specific contract W/DBE goals, including but not limited to the following:

(a) whether the Bidder attended any pre-solicitation or pre-bid meeting that was scheduled by the Agency to inform W/DBE's of the contracting and subcontracting opportunities;

(b) whether the Bidder advertised in general circulation, trade association, and other media readily available to W/DBEs of subcontracting opportunities;

(c) whether the Bidder provided written notice to a reasonable number of specific W/DBEs that their interest in the contract was being solicited in sufficient time (at a minimum one(1) week in advance of the bid opening date) to allow W/DBEs to participate effectively;

(d) whether the Bidder followed up initial solicitations of interest by contacting W/DBEs to determine with certainty whether W/DBEs were interested;

(e) whether the Bidder selected portions of the work to be performed by W/DBEs in order to increase the likelihood of meeting the W/DBE goals (including where appropriate, breaking down contracts into economically feasible units to facilitate W/DBE participation);

(f) whether the Bidder provided interested W/DBEs with adequate information about the plans, specifications and requirements of the contract;

(g) whether the Bidder negotiated in good faith with interested W/DBEs, and did not reject W/DBEs as unqualified without sound reasons based on a thorough investigation of the W/DBE's capabilities;

(h) whether the Bidder made efforts to assist interested W/DBEs in obtaining bonding, lines of credit or insurance required by the Agency or Bidder;

(i) whether the Bidder effectively used the services of available community organizations, contractor's groups, local, state and federal business assistance offices, and other organizations that provide assistance in the recruitment and placement of W/DBEs. Bidders will be expected to solicit outside the State of Vermont for available, and qualified W/DBE subcontractors; and

(j) whether the Bidder provided proof of the unavailability of W/DBEs in accordance with the Women/Disadvantaged Business Enterprise Unavailability Certification.

7. Responsive Bid, means a bid which is responsive to Standard Agency Specifications and Procedures.

B. Specific Contract W/DBE Goal

The specific contract W/DBE goal for this project shall be the percentage specified in the Project Special Provisions. This percentage shall reflect the actual dollar amount to be paid to the W/DBE(s) by the Contractor.

C. Bid Submission

Each bidder, as part of its proposal, must submit the following documents:

1. A completed Women/Disadvantaged Business Enterprise Participation Schedule, (CA-161) listing the qualified W/DBEs with which the Bidder intends to contract for the performance of portions of the work under the Contract, specifying the agreed price to be paid to each W/DBE for said work, identifying in detail the contract items or parts thereof to be performed by each such W/DBE, contract unit prices, total prices and other information required by the Schedule. No work shall be included in the Schedule which the Bidder has reason to believe will be performed by the prime contractor, or the listed W/DBE will subcontract, at any tier, to a non-W/DBE; or

2. In the event the work listed on the Women/Disadvantaged Business Enterprise Participation Schedule is not sufficient to fulfill the Specific Contract W/DBE Goal the Bidder must submit both the Women/Disadvantaged Business Enterprise Participation Schedule (CA-161) and the Women/Disadvantaged Business Enterprise Unavailability Certification (CA-162) listing the W/DBEs contacted by the Bidder, the items for which prices were solicited, and the reason the W/DBE was not used.

3. The purpose of submitting the above documents is to show the Bidder's intent to:

a. Achieve the Specific Contract W/DBE Contract Goal; or

b. Partially achieve the Specific Contract W/DBe Goal, due to insufficient availability of W/DBE's; or

c. Not achieve the Specific Contract W/DBE Goal, due to unavailability of qualified W/DBE's.

In the event that the Bidder shows intent to either not achieve the specified W/DBE goal, or partially achieve the specified W/DBE goal, the Agency's evaluation of the bidder's good faith efforts, as required by Section D. 2. of this specification, will focus only on those efforts made prior to bid opening. No good faith efforts conducted after the bid opening will be considered adequate to fulfill these bid submission requirements. Required bid submission information provided on the Women/Disadvantaged Business Enterprise Participation Schedule and the Women/Disadvantaged Business Enterprise Unavailability Certification will be used in determining the lowest responsive bidder. Failure to provide Contract W/DBE participation information on these forms will result in the bid being declared informal.

D. Award of the Contract

The Vermont Agency of Transportation reserves the right to reject all bids. The award of the contract will be to the lowest bidder responsive to the following criteria:

1. If the low Bidder fulfills Bid Submission requirements and meets or exceeds the specific contract W/DBE goals, the Agency considers the amount of the bid to be reasonable, and all other pre-award criteria are met, such a bidder will be the successful Bidder.

2. If the apparent low bidder does not meet the W/DBE contract goal and the Agency considers the amount of the bid to be reasonable, such a bidder will be the successful bidder if he or she can show good faith efforts to meet the contract goals. Documentation supporting a Bidder's good faith efforts must be presented to the Agency's Director of Engineering and Construction within five (5) working days after the bid opening and include the following information:

a. A written explanation of the efforts made by the low Bidder to meet the requirements of part A. 6 (a) through (j) of the Supplemental Specification for W/DBE Utilization. Each of the items (a) through (j) must be addressed individually and all supporting documentation demonstrating the low Bidder's efforts must be included.

b. A written explanation of other efforts made or methods used to encourage W/DBE participation on the project. Documentation that verifies these efforts must also be included.

3. If the low Bidder cannot satisfy the Agency that good faith efforts have been made, then the bid will be rejected and the second low Bidder will be evaluated in the same manner. This procedure will continue, evaluating bids in ascending order, until either the contract W/DBE goal is attained or good faith efforts can be verified. The first bid meeting these criteria will be accepted, provided the total bid amount is considered reasonable by the Agency.

4. Final determination of the low Bidder will not be made until the Agency is satisfied that all provisions of these Supplemental Specifications have been met.

5. Prior to award of contract to the low Bidder the participation of all listed W/DBEs will be verified and evaluated in accordance with the Agency's pre-award audit criteria.

E. Changing or Substituting W/DBE Firms After Award and Verfication of Payment

Any substitution of named W/DBE firms must be approved by the Vermont Agency of Transportation. If the Contractor alters the list of W/DBE firms scheduled to participate in the contract and/or the specific items that the W/DBE was scheduled to perform the Contractor must be able to demonstrate that the listed W/DBE is unable to perform because of default or over-extension on other jobs, or provide other similar justification. There must be a solid basis for change. It is not intended that a Contractor's ability to negotiate a more advantageous contract with another subcontractor be considered a valid basis for change.

If a listed W/DBE subcontractor is unable, following award to the low Bidder, to perform the items listed in the participation schedule, the Contractor must replace the listed W/DBE with another W/DBE subcontract of equal value or provide the Agency with documentation of good faith solicitation efforts as detailed in Part A 6(a) through (j) of this Supplemental Specification and explain why a substitute W/DBE could not be located. When a Contractor fulfills this requirement a waiver will be issued by the Agency releasing the contractor from the W/DBE participation obligation.

Contractors are required to provide the Agency with copies of Project work invoice payments to W/DBE subcontractors. These invoices shall be submitted to the Agency as payments are made and will be used to determine the final amount of project W/DBE particiation, and whether Contract sanctions for non compliance will be considered.

F. Sanctions for Non-Compliance

Each Contractor or subcontractor who fails to carry out the requirements set forth in these Specifications will be subject to a breach of contract and, after giving notification to the Federal Highway Administration, the Agency may terminate the Contract or subcontract or initiate any other remedy which it considers to be appropriate.

The standard penalty for failing to comply with this supplemental specification for W/DBE utilization will be as follows:

An amount of money equal to the amount in which the Contractor fails to achieve the specific contract goal may be deducted from the final estimate and/or biweekly progress payments as the penalty for non-compliance with this specification.

WOMEN-OWNED AND DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION SCHEDULE

Any substitution of the named W/DBE firms must be approved by the Vermont Agency of Transportation. This approval is necessary not only to assure that contract goals are met, but to preserve the integrity of the W/DBE program.

...

Name of Prime Bidder

...

Project Name and Number

| | | | | | | | --- | --- | --- | --- | --- | --- | | Name of W/DBE | Address | Item Name (detail if partial Item) | Item No. | Unit Price | Agreed Price | | ... | ... | ... | ... | ... | . ... |

Percentage of contract obligated to W/DBE(s) .....%

(must be completed)

WOMEN OWNED AND DISADVANTAGED BUSINESS ENTERPRISE UNAVAILABILITY CERTIFICATION

I, .....(Name), .....(Title) of .... (Name of Prime Bidder), certify that on .....(Date)

I contacted the following Women-owned and Disadvantaged Business Enterprises to obtain a bid for work items to be performed on Vermont Agency of Transportation project:

....(Project Name and Number).

| W/DBE Contractor | Work Items Sought | Reason for Unavailability | | --- | --- | --- |

To the best of my knowledge and belief, said Women/Disadvantaged Business Enterprises were unavailable for work on this project, or unable to prepare a bid.

Signature: ....

Date: ....

(If the low Bidder fails to attain the required W/DBE participation on the project, he or she will be required to submit documentation verifying the Bidder's good faith efforts and the actual documentation illustrating the unavailability of the W/DBE firms listed in this certificate, in accordance with Section D.2.

a. & b. of the Supplemental Specification for Women/Disadvantaged Business Enterprise Utilization.)

VERMONT AGENCY OF TRANSPORTATION

POLICY

Mentor-Protege Relationships

The mentor-protege concept allows prime contractors to enter into formal relationships with a Woman-owned and/or Disadvantaged Business Enterprise for the purpose of providing training and development to these firms. These relationships may be established through innovative variations to standard prime subcontractor agreements and joint ventures. The Agency encourages this concept in that it has significant potential to create an environment which is favorable to the formation and healthy growth of small woman-owned and/or disadvantaged firms. Furthermore, it will help prime contractors to fulfill W/DBE project goals.

The following criteria will be considered when reviewing mentor-protege situations:

1. The W/DBE must be independent and ownership by the woman or disadvantaged person must be real as determined by the Prequalification Committee.

2. The mentor cannot be disproportionately responsible for the various operating and management activities of the W/DBE firm.

3. Time or Demand Notes and Stock are generally accepted legal instruments by which a W/DBE provides assurance of repayment of capital to the mentor. If stock issuance is the method used, it may not exceed 49% or require the woman or disadvantaged owner to relinquish day-to-day control of the firm as a condition of the loan.

4. The protege must have the latitude to submit bids to other prime contractors for subcontract work. De facto exclusivity of the protege's bidding to the mentor in the initial stages of the realtionship because the protege is new and inexperienced and less marketable need not be construed as an agreement by the mentor and protege to an exclusive bidding arrangement.

5. The mentor can provide technical and management assistance as long as the woman or disadvantaged owner retains the major decision making responsibility for the W/DBEs work.

6. Equipment Rental and Use of Mentor's Personnel - It may be to the mutual benefit of the mentor and protege to arrange for the protege to rent or lease needed equipment through the mentor. (See the Policy on "Crediting of DBE Participation Goals to Prime Contractors Subcontracting to DBE Equipment Rental Firms"). In limited instances the mentor may provide personnel with expertise in a specialized area to the protege provided the person is placed on the protege's payroll and is under direct supervision of the protege. Long term, continuous or repetitive use of the mentor's specialized personnel by the protege may be construed as an attempt to artificially inflate W/DBE participation.

7. The mentor-protege relationship is subject to review by the Compliance Officer at any time. Normal graduation period for the protege will be two years, at which time the relationship will not longer be considered valid. The graduation period may be less if the protege proves through work performance that the relationship is no longer necessary.

8. Written request to utilize a mentor-protege relationship must be submitted and approved by the W/DBE Liaison Officer piror to bid opening.

GENERAL AGREEMENT COVERING MENTOR PROTEGE RELATIONS

THIS AGREEMENT entered into this .... day of ....., 198.... by and between .....of .... (hereinafter Mentor) and .... of .... (hereinafter Protege) in accordance with the requirements for increased Disadvantaged Business Enterprises (DBE) participation of the Surface Transportation Assistance Act of (STAA) of 1982.

This agreement is intended to cover the general relationship between the parties in order to insure compliance with the STAA and to establish guidelines for mentor/protege relations and is executed in conjunction with a Contract for Services dated .....

The parties agree that both contracts shall be construed so as to conform to the guidelines set forth in the Technical Advisory: Disadvantaged Business Enterprise Development from the office of the Secretary of Transportation dated September 23, 1983 by Ray Barnhart, a copy of which is attached as Exhibit "A" and made a part hereof.

In order to assure compliance with the Technical Advisory the parties agree as follows:

1. Integrity and Organization of Protege.

a. Both the Mentor and the Protege shall be separate legal entities (either partnership, sole proprietorship or corporation), and each shall maintain its own legal and financial records and its integrity as an independent organization

b. If not previously certified, the DBE/Protege shall apply for DBE certification under the DOT regulations.

c. The parties set forth herein as Exhibit "B" full copies of all other financial or other agreements between them including, but not limited to the following:

i. All stock or other ownership rights of the Mentor in the business of the Protege;

ii. All time or demand notes of Protege to Mentor;

iii. All time or demand notes of Protege to third parties guaranteed or co-signed by Mentor;

iv. All leases for space or equipment between Mentor and Protege;

v. All bonds or other security agreements for payment or performance of any obligation of the Protege;

vi. All agreements for the supplying of material to Protege by Mentor;

vii. All other agreements of the parties not specifically enumerated; and

viii. The parties agree that any subsequent financial or business agreement executed between them during the period the contract for services is in effect shall become a part hereof and be governed by the terms of this agreement.

d. The parties hereby agree that none of the agreements set forth above shall be construed to restrict the Protege's control and management of its own affairs and any attempt to do so shall be invalid.

Personnel and Compensation.

a. The attached Exhibit "C" lists all owners, general managers, foreman and other key personnel of the Protege. The parties hereby certify that all are under the direct supervision and control of the Protege and are paid by the Protege.

b. The attached Exhibit "D" lists all employees of the Protege who will be involved in the work called for under the Contract for Services. The parties hereby certify that all such employees and others who are hereafter engaged to perform the Contract for Services shall be under the direct supervision and control of the Protege and shall be paid by the Protege.

c. The parties agree that compensation of the Protege as set forth in the Contract for Services is for a contract price and that the choice of work methods, except as restricted by the specifications, and the furnishing and controlling of labor and equipment are exercised by the Protege/sub-contractor with only general supervision being exercised by the Mentor/prime contractor.

3. General Provisions.

a. Nothing herein shall be construed to prevent the Protege/sub-contractor from submitting bids or entering into contracts for work other than with the Mentor/prime contractor.

b. Nothing herein shall be deemed to prevent the Protege from seeking management or financial assistance from federal or state agencies or other private organizations.

c. The parties hereby specifically consent to the monitoring of this contract by the federal and state departments of transportation or its agents and agree to cooperate with such agencies.

d. This agreement shall be binding upon the heirs, executors, successors and assigns of the parties.

e. Any breach of the terms of this agreement shall be deemed to be a breach of the Contract for Services and the non-breaching party shall be entitled to all remedies provided therein.

f. The parties hereby certify that the only other agreements between them are:

i. The Contract for Services dated .....;

ii. The agreements detailed in Exhibit "B" and that none of these agreements may be modified except in writing signed by both parties.

...

Mentor/prime contractor

...

Protege/sub-contractor

VERMONT AGENCY OF TRANSPORTATION

POLICY

Crediting of W/DBE Participation Goals to Prime Contractors Subcontracting to W/DBE Equipment Rental Firms

1. When a W/DBE rents or leases equipment to a prime, and all equipment is owned or leased by the W/DBE, and when maintenance and overall scheduling of the equipment is performed by the W/DBE, credit for W/DBE participation will be 100%. In such situations, the W/DBE must payroll all drivers/operators and maintenance personnel assigned to the equipment, and the rental units must be owned by the W/DBE or leased from a firm other than the prime contractor or its affiliates.

2. When the W/DBE leases or rents equipment from the prime contractor or its affiliates to be used by the W/DBE in fulfilling contract commitments on the prime contractor's project, all cost incurred to the W/DBE for rental of the prime contractor's equipment will be deducted from the amount used to fulfill W/DBE participation goals.

3. When the W/DBE acts strictly as a broker and rents its own equipment, or equipment leased from firms other than the prime or its affiliates, and has no responsibility for payrolls, scheduling, maintenance, etc., the credit for W/DBE participation will be 20% of the subcontract amount.

4. When the W/DBE firm provides no commercially useful function, no credit for W/DBE participation will be allowed. Such situations will include but not be limited to the following circumstances:

a. When the W/DBE leases equipment owned by the prime or an affiliate and then subleases the same equipment back to the prime without providing payroll, maintenance or scheduling services.

Use of W/DBE Steel Erectors To Meet Specific Contract Goals For W/DBE

Parti cipation

One hundred percent W/DBE participation credit will be allowed on steel erection subcontracts when the W/DBE subcontractor provides total control of all responsibilities associated with the structural steel item. This will include actual purchase of the steel, erection, insurances, labor and payrolls.

In situations where W/DBE subcontracts fail to provide all services, and assume all responsibilities, the invoice purchase price of the structural steel will be deducted and not credited towards meeting the project W/DBE goal. Only the actual cost of erecting the steel will be credited to the prime towards achieving the W/DBE goal.

Any monies paid back to the prime or its affiliates by the W/DBE subcontractor will be deducted from meeting the contract W/DBE participation goal.

Commercially Useful Function Guidelines

The Agency can only credit transactions with W/DBEs which have performed a commercially useful function in relation to the contract.

A W/DBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing and supervising the work involved. To determine whether a W/DBE is performing a commercially useful function, the Agency shall evaluate the amount of work subcontracted, normal industry practices and other relevant factors. Set forth below are guidelines for commercially useful function:

1. Suppliers - A supplier is typically considered to be performing a commercially useful function when it:

a. Maintains an inventory.

b. Sells goods to a number of contractors.

c. Carries goods manufactured by a number of different companies.

d. Is a franchise or serves as a factory representative for one or more manufacturers.

e. Arranges for shipping.

f. Stands behind a product in the event the product is defective or unacceptable.

2. Credit will not generally be allowed in cases where:

a. An arrangement is contrived that did not exist prior to W/DBE regulation.

b. A W/DBE supplier acts in an exclusive arrangement as an extension of a non-W/DBE firm.

c. A "pass through" operation occurs when the contractor decides what items shall be bought from what sources and agrees with the manufacturer to schedule delivery to the contractor. Only the payment and purchase order for the materials is routed through the W/DBE supplier.

Subcontracting - A subcontracting arrangement is generally considered to exist when a person or firm assumes an obligation to perform a part of the contract work and the following conditions are present:

a. Compensation is related to the amount of work accomplished and not on an hourly basis.

b. Choice of work methods, except as limited by the specifications, and the furnishing and controlling of labor and equipment are exercised by the subcontractor with only general supervision being exercised by the prime contractor.

c. The subcontractor's personnel involved in the operation are under the subcontractor's direct supervision and are included on the subcontractor's payroll.

d. The subcontractor is in conformance with all criteria contained in the Agency Policy on Contracting and Subcontracting.

Commercially Useful Function (CUF), False Statements or Misrepresentation, Decertification and Prosecution

In instances where it is determined that an Agency-certified W/DBE Subcontractor fails to perform a commercially useful function as detailed in the Agency "Policy on CUF Guidelines" the prime contractor will not be credited with the participation of such W/DBEs.

A W/DBE found not to be performing a CUF will have its certification reviewed for reconsideration of the subjective decisions which are normally made in the certification process. This may result in decertification of the W/DBE or a conditional continuance of certification.

In instances where fraud is suspected, decertification procedures will be initiated if the fraud is related to the firm's certification eligibility. Firms can, of course, be prosecuted or debarred when they are found to have engaged in fraudulent activities, either by presenting false or misleading information or documentation during the certification process, or by misrepresenting in any manner the participation of the W/DBE on an Agency project. The Agency may also impose sanctions such as monetary sanctions or disqualification when goals, which have become conditions of the contract, are not met and good faith efforts are not made to meet them.

This policy, the actions detailed above, and the Agency's Policy and Procedures on Debarment apply to W/DBEs and non-W/DBEs alike.

W/DBE PROGRAM

VERMONT AGENCY OF TRANSPORTATION

POLICY

Crediting of W/DBE Participation Goal to Prime Contractors using W/DBE Trucking Firms

1. When a W/DBE trucking firm serves a trucking function for a project either as an on-site hauler or as materialman, the trucking contract is creditable towards W/DBE participation goals. The W/DBE trucking firm must meet the following criteria for 100% of the value of agreement between the prime (sub) and the W/DBE to be allowed:

a) The W/DBE trucking firm must own at least two trucks working on the project as part of the W/DBE fleet. Ownership is defined here as actual ownership with the vehicle registration held in the W/DBEs name, or a written long term lease with with an established truck leasing firm held in the W/DBEs name. For purposes of this policy "long term" shall mean (at minimum) the entire span of time the DBE participates in the project.

b) 30% of the trucks in the W/DBEs project fleet must also meet the criteria a).

c) Drivers in the W/DBEs project fleet must be payrolled by the W/DBE trucking firm for the driver salary cost to be creditable. When W/DBE on-site drivers are payrolled by the prime or an approved sub, no credit towards the W/DEB participation goal will be given for the drivers wages.

d) Leases for vehicles not in the W/DBEs ownership but part of the project fleet must be written and executed by both parties. Copies of fully executed leases must be kept in the vehicle and made available for inspection by the Agency Resident Engineer. Lease agreements must include the agreed unit price of the lease for each vehicle.

( $ /day, $ /hr., $ /wk., etc.)

e) No more than 30% of the trucks in the W/DBEs project fleet leased as detailed in item d) may be owned by a single non-DBE firm.

f) The W/DBE must be responsible for the maintenance of all trucks owned by him/her. The W/DBE must be responsible for the overall scheduling of all trucks on the projects.

g) The W/DBE trucking firm must have available, on the project, a supervisor responsible for the overall scheduling of that fleet (lead trucker, foreman), who has authority to make the necessary decisions and take required actions to resolve normal on-site problems.

2. A W/DBE who has full ownership of all trucks in the fleet used on a particular project, as defined in item la), may rent the trucks to the prime or approved subcontractor with or without operator and is not necessarily required to provide maintenance, overall scheduling or to payroll drivers. In this instance, the rental or lease agreement must be written and fully executed by both parties. The prime's project superintendent must maintain a copy of that executed agreement on file at the project site for inspection by the Resident Engineer. This agreement must include an agreed unit price per vehicle leased. The ultimate value of that lease contract is creditable towards W/DBE goals.

3. When the W/DBE leases or rents trucks from the prime contractor or its affiliates to be used by the W/DBE in fulfilling contract commitments on the prime contractor's project, all cost incurred to the W/DBE for the rental of the prime contractor's trucks will be deducted from amount used to fulfill W/DBE participation goals.

4. All W/DBE participation credit must be substantiated with payment invoices or cancelled checks showing payments from the prime contractor (or sub) to the W/DBE trucking firm.

VERMONT AGENCY OF TRANSPORTATION

POLICY

Crediting of Flagging Towards Fulfilling W/DBE Participation Goals

The value of flagging services will be credited towards fulfilling contract W/DBE participation goals only if it is part of a W/DBE's subcontract for all project traffic control activities including the provision of signs, warning devices, flagging and appropriate day to day supervision.

Flagging will not be credited when the W/DBE subcontractor merely brokers flagpersons to the prime under a hiring/payroll arrangement. Such arrangements do not constitute a commercially useful function and are not considered as industry practice.

VERMONT AGENCY OF TRANSPORTATION

POLICY

Crediting of W/DBE Participation Goals to Prime Contractors Subcontracting Concrete Median Barrier (C.M.B.).

One hundred percent W/DBE participation credit will be allowed on subcontracts for C.M.B. when the W/DBE subcontractor provides total control of all responsibilities for the item. This includes the actual purchase and installation of the barrier.

If C.M.B. is used for the item, Temporary Traffic Barrier 100% participation credit will be allowed when the W/DBE subcontractor provides total control of all responsibilities for the item. This includes the actual purchase and/or rental, the initial installation, any moving and resetting on project, and the final removal of the barrier.

In situations where the prime contractor subcontracts a portion of the total project quantity of Temporary C.M.B. to a W/DBE, participation credit will be limited to no more than the prime contractors unit bid price for the item. If the barrier remains on the project to be moved and reset by the prime's workforce and a reasonable rental fee is paid to the W/DBE subcontractor, 20% W/DBE participation credit will be allowed.

Section 3.1 Purpose

This Policy sets forth rules for the debarment of and other measures against contracting firms or affiliates where it is demonstrated that government funds may not be properly utilized or the State's interest would not be safeguarded. These measures shall be used to protect the public interest and are not intended to be sanctions, penalties, or forms of punishment.

Section 3.2 Definitions

(a) Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred.

(b) Agency means the Vermont Agency of Transportation.

(c) Affiliates. Persons are affiliates if, directly or indirectly,

(i) either one controls or can control the other, or

(ii) a third controls or can control both.

(d) Board means the Vermont Transportation Board.

(e) Participant means a person or an officer or employee of a person who directly or indirectly participates, may participate or has participated in Agency programs through an agreement of that person with a recipient or contractor of any tier. The term includes, but is not limited to, subcontractors, suppliers, fee appraisers, inspectors, real estate agents and brokers, consultants, architects, engineers, and attorneys.

(f) Person means an individual, corporation, partnership or an unincorporated association, or other public or private entity.

(g) Secretary means the Secretary of the Vermont Agency of Transportation or his/her designee.

(h) FEWA means the Federal Highway Administration or any successor agency.

(i) Suspension is the action taken under Section 3.3 of this Policy to disqualify a person temporarily from participation in Agency contracts.

(j) Debarment is the action taken under Section 3.9 of this Policy to disqualify a person from participation in Agency contracts for a period not to exceed three (3) years.

(k) Voluntary Exclusion is the disqualification of a bidder from Agency contracts as a result of an agreement voluntarily entered into under section 3.16 of this Policy, between the Agency and the person to be excluded. contracts for a period not to exceed three (3) years.

Section 3.3 Suspension

(a) The Secretary may suspend any participant or affiliate upon adequate evidence for any of the following causes--

(1) Commission of fraud or any criminal offense as an incident to obtaining, seeking to obtain, or performing government business or a public contract;

(2) Commission of any criminal offense indicating a lack of business integrity or business honesty that seriously and directly affects the question of present responsibility including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, false statements, fraud, receiving stolen property, violation of the Organized Crime Control Act of 1970, or violation of Federal or state antitrust statutes arising out of submission of bids or proposals;

(3) Violation of any agreement for voluntary exclusion or any settlement made under this Policy; or

(4) Commission or omission of an act of such serious or compelling nature that the act indicates a serious lack of business integrity or honesty. Such commissions or omissions include, but are not limited to--

(i) the violation of any applicable law, regulation, or obligation relating to the performance of obligations incurred pursuant to a contract with the State of Vermont or an Agency or Department thereof; or

(ii) making, or procuring to be made, any false statement or using deceit for the purpose of influencing in any way any action of the State.

(b) An outstanding indictment or information is adequate evidence of suspected criminal conduct and may be the basis for the imposition of a suspension.

Section 3.4 Suspension of Affiliates

Suspension may include any affiliate of a participant. A determination to include an affiliate in a particular suspension must be made on a case-by-case basis. Among the factors to be considered in making this determination are the affiliate's knowledge of or participation in the conduct which is the basis for the suspension.

Section 3.5 Notice of Suspension

Immediately after the suspension decision, a suspended person shall be furnished notice of the suspension by the Secretary. The notice shall include the specific acts or omissions on which the suspension is based, the provisions of Section 3.7 relative to period of suspension, and a statement that the participant does have a right to a hearing and may be represented by counsel, if desired.

Section 3.6 Hearing

(a) Upon written request to the Board a suspended person is entitled to a hearing on a suspension before a hearing officer appointed by the Board; or by the Board or a committee thereof, as determined by the Board. The suspended person is entitled to a hearing within thirty (30) days of receipt of the written request by the Board. The request may be made anytime during the period of suspension.

(b) All witnesses shall testify under oath or affirmation. Agency witnesses, if any, shall be called first and may be cross-examined by the suspended person. The person's witnesses may be cross-examined by any party.

(c) A record shall be made of the proceedings. A transcription of the record shall be made available to a party at the expense of the requesting party.

(d) Where appropriate, and if the parties agree, a suspension hearing may be consolidated with a debarment hearing involving the same issues.

(e) The hearing officer or committee shall issue a proposed order and findings to the Board and the parties. If the hearing officer or committee recommends a continuation of the suspension, the proposed order shall indicate:

(i) that there is adequate evidence of a cause listed in Section 3. 3, and

(ii) that the length of suspension complies with Section 3.7.

(f) If the Board conducts the hearing and decides upon a continuation of the suspension, the Board's order shall indicate:

(i) that there is adequate evidence of a cause listed in Section 3. 3, and

(ii) that the length of suspension complies with Section 3.7.

Section 3.7 Period of Suspension

(a) Temporary period. A suspension shall be for a temporary period pending the completion of any investigation or any administrative or judicial proceedings relating to a determination of any cause for suspension that may ensue.

(b) Time limitation on decision to suspend. In any case involving a suspected violation of Federal or state law where prosecutive action has not been initiated within twelve (12) months from the date of the notice of suspension, suspension shall be terminated unless the prosecuting official requests an extension of the suspension. Notice of the proposed termination of the suspension shall be given to the prosecuting official not less than thirty (30) days prior to the expiration of the twelve (12) month period. In no event shall a suspension exceed eighteen (18) months unless prosecutive action has been initiated within that period.

(c) Waiver of time limitation. The time limitation for suspension contained in this section may be waived by the affected party.

Section 3.8 Review by the Board

Within forty-five (45) days after receipt of the proposed order and findings from the hearing officer or committee under Section 3. 6, the Board shall issue an order relative to the suspension. At the Board's option, it may adopt the proposed findings and order of the hearing officer or committee if the findings are supported by the evidence and the conclusions are consistent with these regulations; it may remand the matter to the same or a different hearing officer for rehearing on specific points, which shall be specified, it may modify the decision, or it may order a de novo hearing. Notice of the Board's determination shall be sent to all parties.

Section 3.9 Debarment

Grounds for a Debarment. The Secretary may debar any participant or affiliate upon adequate evidence for any of the following causes:

(a) Conviction for any cause which is a ground for a suspension as set forth in Section 3.3(a)(1) or Section 3. 3(a)(2);

(b) For any cause which is a ground for suspension as set forth in Section 3.3(a)(3) or Section 3. 3(a)(4);

(c) Violation of a law or regulation relating to personal or organizational conflicts of interest as an incident to obtaining, attempting to obtain, or in the performance of, a contract with the Agency.

(d) A willful or serious failure to perform or a record of unsatisfactory performance in accordance with the terms of one or more contracts with the Agency, provided that such failure or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar.

(e) Disqualification from participation in direct or indirect contracting by any federal agency or any other state.

Section 3.10 Debarment of Affiliates

Debarment may include any affiliate of a participant. A determination to include an affiliate in any particular debarment shall be made on a case-by-case basis. Among the factors to be considered in making this determination are the affiliate's knowledge of or participation in the conduct which is the basis for the debarment. Where debarment of an affiliate is proposed, the affiliate shall be afforded the rights of notice and hearing provided in this Policy.

Section 3.11 Notice of Debarment

(a) Notice of debarment. When a debarment is ordered the Secretary shall give notice to the Board and to the participant prior to any public announcement. The notice shall state the specific acts or omissions which form the basis of the action.

(b) The Secretary shall set a term of debarment of not less than six (6) months nor more than thirty-six (36) months and give his/her reasons for the length of the debarment. In determining the length of the debarment, the Secretary shall consider among other reasons the following:

(1) the integrity of the person subject to debarment, including, but not limited to whether restitution, if appropriate, has been made;

(2) whether the person's conduct since suspension, if any, has been meritorious;

(3) whether there has been circumvention of the suspension, if any;

(4) whether the individuals who engaged in the behavior giving rise to debarment are in a position to dominate, manage, or meaningfully influence the business and operations of the person;

(5) the seriousness and nature of the cause of the debarment, including the amount of any suspected collusion and its effect on the cost of Agency projects;

(6) the promotion of increased competition in bidding on Agency projects;

(7) actions taken by other governmental entities or agencies regarding debarment or disqualification with respect to the person in question or in similar situations.

Section 3.12 Review by the Board

At any time after an order of debarment by the Secretary, the participant may petition the Board for review of the Secretary's order. The Board may, in its discretion: appoint a hearing officer to conduct a hearing and issue proposed findings and conclusions to the Board; or conduct a hearing before the full Board, or a committee thereof. In the case of a debarment based upon conviction under Section 3. 9(a), the Board shall only consider the length of the debarment.

Section 3.13 Hearing

(a) If a hearing is ordered by the Board, the hearing officer, the Board, or the committee shall--

(1) Provide notice of the time and place of the hearing to all parties and include therein a statement indicating the nature of the proceedings and their purpose. Any party may be represented by counsel.

(2) Require all witnesses to testify under oath or affirmation. Agency witnesses, if any, shall be called first and may be cross-examined by the person against whom debarment is proposed. The person's witnesses may also be cross-examined by any other party.

(3) Make a record of the proceedings and make a transcription of the record available to any requesting party at that party's expense.

b) The Board's determination shall be made within sixty (60) days after the close of evidence at a hearing before it or the issuance of proposed findings and conclusions by a hearing officer. The Board's determination shall be a final order.

Section 3.14 Debarment by the Board

The Board, on its own motion, may order a debarment hearing if the Secretary has not acted. Such a hearing will be in accordance with Section 3.13. In setting the length of debarment, the Board shall consider, among other reasons, the criteria set out at Section 3.11(b) (1-7).

Section 3.15 Reinstatement

(a) A person debarred under this Policy may file a request for reinstatement at any time. The request shall be in writing and addressed to the Secretary.

(b) Procedure. The Secretary may limit the debarred person to a opportunity to submit documentary evidence and written briefs or, at his/her discretion, may grant a request for a oral hearing.

(c) The Secretary shall give notice of his/her recommendation on reinstatement to the debarred person and to the Board. The Board may review the determination on its motion, on petition of the debarred person, or it may decline review. If the Board declines review, the Secretary's recommendation will have the effect of a determination by the Board.

Section 3.16 Voluntary Exclusion

Agreement for voluntary exclusion. When in the best interest of the State, and provided that allegations of fraud or criminal activities are not involved, the Secretary, instead of taking administrative action, may enter into an agreement with the participant providing for voluntary exclusion from Agency programs for a specified period of time. Agreements for voluntary exclusion are entered into for the benefit of both parties and do not constitute administrative suspension or debarment measures. However, violations of an agreement for voluntary exclusion may result in administrative action under this Policy.

Section 3.17 Exclusion from Participation

(a) Suspended contractors, debarred contractors and individuals and participants who have entered into an agreement forvoluntary exclusion shall be excluded from all forms of participation on Agency projects including, but not limited to, the following:

(1) Contracting

(2) Subcontracting

(3) Consulting

(4) Material manufacture and supply

(5) Equipment rental

(6) Preparation of bids of others

(b) When circumstances dictate as provided in subsection (c), the Secretary, with the prior approval of the Federal Highway Administration on any projects involving Federal Highway Administration funds, as applicable, may allow debarred contractors and individuals to participate in Agency projects to the following limited extent:

(1) Material manufacture and supply

(2) Equipment rental

(c) Contractors wishing to utilize debarred contractors for these limited activities must petition the Secretary for authorization to do so as directed by the Secretary. Petitions must name the debarred contractor and/or individuals requesting permission to participate in projects, the nature of participation, and the total dollar value of material, leases and supply to be provided by the debarred person. Unless waived in whole or in part by the Secretary, the petition must also detail and document the contractor's unsuccessful good faith solicitation, according to the policies and guidelines of the Agency, to secure a person who is not debarred to provide the materials and/or lease the equipment that the contractor intends to secure from the debarred person. The evaluation of the petition will be in consideration of the best interest of the State and will be based upon the following factors, among others:

(1) The unique value of the debarred person's services, material, or equipment;

(2) The overriding need for the debarred person's services, material, or equipment.

(d) Debarred persons who are authorized limited access to Agency projects by the Secretary shall exercise no direction or control over work on the project or the contractor. Authorizations from the Secretary will be in writing and will state the specific conditions of project involvement allowed the debarred person. Failure of the person to comply with the specific conditions of project involvement allowed by the Secretary will result in immediate withdrawal of approval for participation by the debarred person by the Agency.

(e) Debarred Subcontractors. No subcontractor approval request for use of a debarred person or contractor will be granted by the Agency during the time frame of a contractor's debarment period, or if specifically set out on the debarment notice, during the period of debarment as a subcontractor.

History

• Effective Date: May 5, 1988 (SOS Rule Log #88-26)

Chapter 016 RULES REGARDING PAYMENT FOR CERTAIN UTILITY RELOCATIONS REQUIRED BY HIGHWAY CONSTRUCTION PROJECTS

14-016 Code Vt. R. 14-010-016-X RULES REGARDING PAYMENT FOR CERTAIN UTILITY RELOCATIONS REQUIRED BY HIGHWAY CONSTRUCTION PROJECTS

Section 1 PURPOSE

These rules are adopted to comply with Sec. 1a of Act No. 35 of 1991, adding a new Sec. 1512 to Title 19 of the Vermont Statutes Annotated.

Their purpose is to set standards for determining when and to what extent the authority granted by Sec. 1512(a) may be exercised.

Section 2 DEFINITIONS

(a) "Environmental considerations" are requirements set forth in any applicable permit or approval issued by a federal and/or state agency, board or commission responsible for the protection of scenic, natural or historical resources.

(b) "Non-discriminating local ordinances" are municipal regulations that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.

(c) "Relocation" means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. "Normal relocation" means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.

(d) "Safety considerations" are requirements set forth in any applicable permit or approval issued by a federal and/or state agency, board or commission responsible for highway and traffic safety.

(e) "Utility" means a privately, publicly, or cooperatively owned line, facility or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term "utility" shall also mean the utility company inclusive of any wholly owned or controlled subsidiary.

Section 3 APPLICABILITY

(a) These rules shall apply to and allow reimbursement for eligible costs incurred pursuant to any contract executed for highway projects undertaken in the State of Vermont under Vermont Statutes Annotated, Title 19, Chapter 15, on or after May 18, 1991, the effective date of Act No. 35 of 1991.

(b) These rules only apply to "utilities," as defined in Sec. 2(e), above.

(c) Unless the context clearly indicates otherwise, these rules shall be applied in conjunction with regulations of the Unites States Department of Transportation, Federal Highway Administration, as set forth in the Code of Federal Regulations, Title 23, Part 645 (Utilities).

Section 4 ELIGIBILITY

(a) Adjustment of utility facilities shall be eligible for reimbursement under Vermont Statutes Annotated, Title 19, Section 1512 when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project's need to address environmental considerations, non-discriminating local ordinances, safety considerations and/or Vermont Agency of Transportation (VAOT) requirements.

(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:

(i) Relocation is required by construction or reconstruction of limited access facilities; or

(ii) Affected utility facilities are located on private property and the utility holds a fee or non-terminable easement in its existing location; or

(iii) Affected municipal utility facilities are located within the municipal highway right-of-way and the municipal entity holds the right-of-way in fee.

Section 5 REIMBURSEMENT

(a) Except as provided by Sec. 4 of this rule, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.

(b) Where the eligibility criteria set forth in Sec. 4, above, are met, only the differential cost over and above normal relocation cost will be eligible for reimbursement, using the same federal/state/local matching ratio as set forth for other project costs.

(c) Oversize or other than normal relocation installations undertaken for the sole benefit of the utility will be considered as betterments and will not qualify for reimbursement.

History

• Statutory Authority: 19 V.S.A. C. 15, § 1512

Chapter 017 MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES ON VERMONT STATE OWNED AIRPORTS

14-017 Code Vt. R. 14-010-017-X MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES ON VERMONT STATE OWNED AIRPORTS

Section I DEFINITIONS AS USED IN THE MINIMUM STANDARDS

AGENCY The V ermont Agency of Transportation.

AIR CARGO OPERATOR An operator providing only freight and/or mail transportation services for compensation or hire.

AIRPORT A Vermont state owned Airport.

COMMERCIAL AERONAUTICAL ACTIVITIES Any one or a combination of the following aeronautical services performed in full compliance with the specific activity standards nereinafter set forth.

A. Full Service Fixed Base Operation

B. Limited Service Fixed Base Operation

C. Aircraft Maintenance, Overhaul, and Parts Shop

D. Specialized Commercial Flying Service

E. Specialized Aircraft Repair Services

F. Scheduled Air Carriers and Air Cargo Operators

G. Commercial Aircraft Hangar Storage Operations

Any other activities not specifically provided for in the minimum standards will normally be subject to negotiation.

COMMERCIAL AVIATION OPERATOR See OPERATOR.

FIXED BASE OPERATOR (FBO) An Operator who provides multiple aviation services at an airport, as further defined under "Operator", below, and in Section V, Minimum Standards.

MINIMUM STANDARD A guideline for the provision of required and permitted services which must be met or exceeded as specified in Section V herein.

OPERATOR A Commercial Aviation Operator, who is a person or persons, firm, or corporation, engaging in a Commercial Aeronautical Activity based at the Airport which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such aircraft operations, the purpose of such activity being to secure earnings, income, compensation, or profit, whether or not such objective or objectives are accomplished.

SCHEDULED AIR CARRIER An Operator providing scheduled passenger air transportation services for compensation or hire.

SECRETARY The Vermont Secretary of Transportation.

Section II GENERAL STATEMENT OF POLICY

In order to promote and develop general aviation, air transportation, and related aeronautical activities at Vermont's state owned airports, and acting in accordance with Vermont Statutes Annotated. Title 5, Sections 203-205, the Secretary of the Vermont Agency of Transportation hereby establishes certain policies, standards, and requirements for Commercial Aviation Operators at all Vermont State Owned Airports.

A fair and reasonable opportunity, without discrimination, shall be accorded to all applicants to qualify/compete for available airport facilities and the furnishing of selected aviation services, subject however, to minimum standards as established by the Secretary and set forth herein and entitled "Minimum Standards for Commercial Aeronautical Activities on Vermont State Owned Airports". In all cases where the words "standards" or "requirements" appear in the above-mentioned schedule of standards, it shall be understood that they are modified by the word "minimum". All operators will be encouraged to exceed the minimums; none will be allowed to operate under conditions below the minimums.

Contingent upon the operator's qualifications, meeting the established minimum standards, the execution of a written agreement with the State of Vermont Agency of Transportation (hereinafter referred to as "Agency") and payment as due of all rentals, fees, and charges, the Operator shall have the right and privilege of engaging in and conducting the activity or activities selected by the Operator on the Airport as specified by the written contract. The granting of such right and privilege, however, shall not afford the Operator the exclusive right of use of the premises and facilities of such Airport other than those premises which may be leased exclusively to him in a written agreement. The Agency reserves and retains the right of the use of such Airport by others who may desire to use the same pursuant to applicable laws, ordinances, codes, minimum standards, and other regulatory measures pertaining to such use. The Agency reserves the further right to designate the specific Airport areas in which single or combinations of aeronautical services may be conducted. Such designation shall give consideration to the nature and extent of the operation and the lands available for such purpose consistent with the orderly and safe operation and future development of the Airport.

In any case of conflict between these Minimum Standards and any previously adopted Vermont Aeronautical Rules and Regulations, these Minimum Standards will take precedence. If any section of these Minimum Standards is for any reason held to be invalid or unconstitutional by any court of competent Ourisdiction, such decision shall neither effect nor impair any of the remaining provisions

Section III PREQUALIFICATION REQUIREMENTS

The prospective Operator shall submit to the Agency at its offices at Montpelier, Vermont, at the time of the Operator's application the following information and, thereafter, such additional information as may be requested by the Agency:

A. Intended Scope of Activities: A detailed description of the scope of the intended operation and the means and methods to be employed to accomplish the contemplated operating standards.

B. Financial Responsibility: A statement, satisfactory to the Agency, in evidence of Operator's financial responsibility, from a bank or trust company doing business in the State of Vermont or from such other source that may be acceptable to the Agency and readily verified through normal banking channels. The prospective Operator must also demonstrate financial capability to initiate and maintain operations and for the construction of improvements and appurtenances that may be required.

C. Pro-forma Financial Statement: A projection of first year operating income and expense, prepared in accordance with commonly accepted accounting practices.

D. Experience: The prospective Operator shall also furnish the Agency with a statement of past experience in the specified aviation services. Such experience shall not be less than the minimums established for each of the respective individual aviation functions involved.

Section IV GENERAL REQUIREMENTS

A. Requirements of a Written Agreement: Prior to the commencement of operations, the prospective Operator will be required to enter into a written agreement with the Agency, which agreement will recite the terms and conditions under which the Operator will operate its business on the Airport. including, but not limited to, the term of agreement; the rentals, fees, and charges; the rights, privileges, and obligations of the respective parties; and other relevant covenants. It should be understood, therefore, that neither the conditions herein contained nor those set forth in the minimum standards represent a complete recitation of the provisions to be included in the written agreement. Such contract provisions, however, will not change or modify the minimum standards or be inconsistent therewith.

B. Performance Bond: Upon demand by the Agency, the prospective Operator shall, concurrent with the execution by Operator of the aforesaid written agreement, furnish an acceptable performance bond or cash deposit to the Agency, in an amount satisfactory to the Agency.

C. Hold Harmless Requirement: The Operator shall indemnify, defend and save the Agency and its authorized agents, officers, representatives, and employees harmless from and against any and all actions, penalties, liabilities, claims, demands, damages, or losses whatsoever arising directly or indirectly out of acts or omissions of the operator, its agents, employees, servants, guests, members, business visitors, tenants, sublessees, partners or affiliates, and shall pay all expenses in defending any claims made against the Agency by reason of the operator's tenancy and activities on the Airport. A hold harmless provision shall be included in all written agreements between the Agency and the Operator.

D. Insurance: The Operator shall procure and maintain, during the term of the Operator's agreement, insurance of the types and in the minimum limits set forth as determined by the Agency and outlined in the written agreements between the Agency and the Operator. The insurance company or companies writing the required policy or policies shall be licensed to do business in the State of Vermont and, unless the Operator is otherwise directed by the Agency, the Agency shall be named in the policy as an additional insured. The Operator shall furnish evidence of compliance with this requirement in the form of an insurance certificate acceptable to the Agency. The applicable insurance coverage shall be in force during any construction of facilities for the Operator and/or prior to the Operator's entry upon the Airport for the conduct of business.

E. Compliance with Laws, Etc.: The Operator shall at all times comply with all laws, ordinances, codes, and other regulatory measures applicable to the specific type of operation contemplated by the Operator. The Operator shall procure and maintain during the term of the agreement all licenses, permits, and other similar authorizations required for the conduct of the Operator's business operations.

F. Miscellaneous

1. The prospective Operator may select one or a combination of the aeronautical services covered by the minimum standards outlined in this document. Where more than one Commercial Aeronautical Activity is proposed, the minimum requirements will vary, dependent upon the nature of individual services in such combination, but will not necessarily be cumulative in all instances. Applicable minimum standards for Operators who plan to provide combinations of services will be discussed with the prospective Operator at the time of the Operator's application or otherwise during lease negotiations.

2. The pertinent minimum standards and requirements for any Commercial Aviation Operator, will be predicated upon the nature of the Operator's initial business venture. If at a later date the business is expanded to encompass new and additional types of services under an appropriate operating agreement, then the minimum standards established for these additional services shall immediately apply.

3. These Minimum Standards will govern all commercial activities on Vermont State Airports unless determined in writing by the Secretary, on a case by case basis, that an exemption is justified to best serve the public interest.

4. The Agency recognizes that certain Operators are presently conducting business on Vermont State owned Airports and may occupy facilities or be conducting certain operations not in compliance with these minimum standards. The operations of such Operators shall be governed by individual lease provisions determined on a case by case basis: however, any expansion of facilities or operations or any relocation of facilities or operations on the Airport shall be in accordance with these minimum standards.

The prospective Operator is required to be registered to do business in the State of Vermont with the Vermont Secretary of State prior to execution of the agreement by the Agency.

Section V MINIMUM STANDARDS

The Minimum Standards For Commercial Aeronautical Activities outlined in this document are not intended to be all inclusive. as the Operator of a commercial venture who is based on the Airport will be subject to applicable laws, codes, ordinances, and other similar regulatory measures, including Airport rules and regulations pertaining to all such activities.

A written agreement, properly executed by the Agency and the Operator, is a prerequisite to tenancy on the Airport and the commencement of any operations thereon. The contract provisions however, will be compatible with the minimum standards herein contained and will not change or modify the standards themselves.

Information relative to rentals, fees, and charges applicable to the several aeronautical services included herein will be made available to the prospective commercial operator by the Agency at the time of application or during the contract negotiations.

The following schedules set forth the minimum standards for an operator engaging in one or more selected commercial aeronautical activities at Vermont State Owned Airports:

A. Full Service Fixed Base Operation

1. Minimum Services Required

a. Tie-down and hangar storage for general aviation aircraft, both itinerant and local.

b. Adequate ramp service, including deicing and preheating for general aviation aircraft users, with a qualified attendant available on the ramp seven (7) days a week, eight (8) hours a day.

c. Sale of aviation gasoline, fuel, oils and lubricants of kinds customarily sold to general aviation aircraft users.

d. Maintenance, repair and servicing of general aviation aircraft, aircraft engines and parts.

e. Maintenance of adequate inventory of the necessary aircraft parts and accessories to maintain, repair and service general aviation aircraft.

f. Flight training.

g. Aircraft rental business.

h. Operation of Aviation Advisory Radio Station (UNICOM), if requested by Agency.

2. Services Permitted

Privileges which may be exercised by a full service fixed base operator shall include, but not-necessarily be limited to:

a. Sale of new of used aircraft.

b. Non-scheduled aircraft charter operations.

c. Operation of specialized commercial flying service.

d. Operation of specialized aircraft repair service.

3. Minimum Land and Improvement Requirements

a. The minimum ground leased and operational area for a full service fixed base operation shall be 14,000 square feet.

b. The minimum facilities required shall be as follows:

(1) One hangar, not less than 2.500 square feet.

(2) Office building (either separate or adjoining) adequate to house an office, pilot's lounge, a public waiting room, lounge area, telephone, sanitary public restroom facilities, and adequate shop area.

(3) Paved ramp area of not less than 5,000 square feet with access to hangar.

(4) Adequate tie-down area (to accommodate not less than ten (10) aircraft of which at least three (3) shall be designated for itinerant and seven (7) for local general aviation aircraft), and wash area.

(5) Adequate customer can parting, as approved by the Agency.

4. Minimum Prior Experience

A minimum of three (3) years satisfactory prior experience in the business of fixed base operations or such other related business as may be determined acceptable by the Agency in lieu thereof.

5. Minimum Public Service Hours

Seven (7) days a week, eight (8) hours a day, as approved by Agency, with a qualified attendant.

B. Limited Service Fixed Base Operation

1. Minimum Services Required

a. Adequate hangar storage for aircraft.

b. Flight Training.

c. Aircraft rental business.

2. Services Permitted

Any of the following additional services may be provided by a limited service fixed base operator.

a. Sale of new or used aircraft.

b. Non-scheduled aircraft charter operations.

c. Operation of specialized commercial flying service.

d. Ramp services, including preheating and deicing.

3. Minimum Requirements

Adequate hangar, ramp, office, and public service facilities; adequate prior experience; adequate hours of operation.

C. Aircraft Maintenance, Overhaul, and Parts Shop

1. Services Required and Limited To:

a. Maintenance, repair and servicing of aircraft, aircraft engines and parts.

b. Availability of adequate inventory of the necessary aircraft parts and accessories to maintain, repair and service aircraft.

2. Minimum Requirements

Adequate hangar, ramp, office, and public service facilities; adequate prior experience; adequate hours of operation. At least one employee shall be a licensed airframe and power mechanic.

D. Specialized Commercial Flying Service

1. The following individual operations are classified as a specialized commercial flying service:

a. Sightseeing flights

b. Crop dusting

c. Banner towing and aerial advertising

d. Aerial photography, mapping, or survey

e. Aerial firefighting

f. Power line or pipeline patrol

g. Glider operations

h. Sale of new or used aircraft

2. Minimum Requirements

Adequate hangar, ramp, office, and public service facilities; adequate prior experience; adequate hours of operation.

E. Specialized Aircraft Repair Services

1. The following individual operations are classified as a specialized aircraft repair service:

a. Repair of aircraft radios

b. Repair of aircraft propellers

c. Repair of aircraft instruments

d. Repair of aircraft accessories

e. Aircraft paint shop

f. Aircraft upholstery shop

g. Aircraft restoring and refinishing

2. Minimum Requirements

Adequate hangar, ramp, office, and public service facilities; adequate prior experience; adequate hours of operation.

F. Scheduled Air Carriers and Air Cargo Operators

Minimum requirements will be determined on a case by case basis and outlined in the agreement governing the operation between the Agency and Operator. Where a public terminal is located on the airport, a passenger carrying Operator will operate from such terminal and the agreement will provide for the Operator's use of terminal facilities.

G. Commercial Aircraft Hangar Storage Operations

1. The following can be classified as commercial aircraft storage operations:

a. Commercial use hangars (includes condo hangars) constructed for lease or sale to others.

b. Private use hangars (includes individually owned condo hangars) constructed originally for hangar owner's personal aircraft, but converted by written agreement with the Agency for use by others.

Minimum Requirements

a. Adequate hangar and ramp space to accommodate the proposed operation.

b. A copy of the proposed rental agreement between the proposer and Agency lessee, if applicable, including rates and charges.

H. Limitations on Commercial Aviation Operators

1. Any commercial aviation operators other than full service fixed base operators will be strictly prohibited from engaging in the following activities.

a. The sale of fuel for use in aircraft.

b. The rental of aircraft tie-down spaces to any person or persons, firm or corporation.

2. Any Operator (excluding Scheduled Air Carriers or Air Cargo Operators who may provide the following for their own aircraft and/or personnel) who desires to provide any one or a combination of the following services from the Airport shall either:

(1) be required to enter into a full or limited service fixed base operator agreement with the State and meet the minimum standards outlined herein, or

(2) enter into an Agency approved operating agreement with a tenant who has a valid full or limited service fixed base operator agreement on the Airport. Such agreement must receive the prior written approval of Agency.

a. Flight training

b. Non-scheduled aircraft charter operations

c. Aircraft rental and lease

d. Ramp service, including deicing and preheating

These Minimum Standards for Commercial Aeronautical Activities on Vermont State Airports are hereby adopted on this.... day of ....., 19.

STATE OF VERMONT

AGENCY OF TRANSPORTATION

By:....

Acting Secretary

History

• Effective Date: July 17, 1992 (SOS Rule Log #92-36)
• Statutory Authority: 5 V.S.A. C. 9, §§ 203-205

Chapter 018 GUIDELINE FOR THE INSTALLATION OF CROSSWALK MARKINGS AND PEDESTRIAN SIGNS AT MARKED AND UNMARKED CROSSINGS

14-018 Code Vt. R. 14-010-018-X GUIDELINE FOR THE INSTALLATION OF CROSSWALK MARKINGS AND PEDESTRIAN SIGNS AT MARKED AND UNMARKED CROSSINGS

INTRODUCTION

The 1988 Manual on Uniform Traffic Control Devices states:

"Crosswalk markings at signalized intersections and across intersection approaches on which traffic stops, serve primarily to guide pedestrians in the proper paths. Crosswalk markings across roadways on which traffic is not controlled by traffic signals or STOP signs must also serve to warn the motorist of a pedestrian crossing point at non-inter-section locations, these markings legally establish the crosswalk...

"Crosswalks should be marked at all intersections where there is a substantial conflict between vehicle and pedestrian movements. Marked crosswalks should also be provided at other appropriate points of pedestrian concentration, such as at loading islands, mid-block pedestrian crossing, or where pedestrians could not otherwise recognize the proper place to cross...

"Crosswalk markings should not be used indiscriminately. An engineering study should be required before they are installed at locations away from the traffic signals or STOP signs."

This guideline should be used to insure that there is consistency applied statewide when determining the need for crosswalk markings and to insure that sign installation practices are consistent across Vermont when crosswalk markings are determined to be unnecessary.

It must be recognized that not all situations can be adequately addressed in this guideline, therefore, engineering judgement must be used at all times.

Ultimately, it is up to the driving public and pedestrians of all ages to understand current Vermont laws, and thus act accordingly.

It is important that the driver and pedestrian recognize what marked crosswalks can and cannot do. Pedestrians need to know that they should be just as careful in using a marked crosswalk as when using an unmarked crossing area.

This guideline addresses the issues and sign layout requirements for the following situations:

. Traffic Signal intersection control

. STOP sign intersection control

. Uncontrolled approach to an intersection

. School crossing

. Non-intersection crossing or mid-block

. Unmarked pedestrian crossing

MARKED CROSSWALKS

Rules to Implement

Title 19 V.S.A., Section 905b

1. Prior to the marking of pedestrian crosswalks on public highways under their respective jurisdictions, the responsible municipal official or the District Transportation Administrator shall review the plan of the proposed markings to insure that the crosswalks conform to the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Part 3, Markings. Crosswalk markings should only be installed and/or maintained after receiving written approval from the appropriate governing entity, i.e., Agency of Transportation in the case of State Highways; Select Board in the case of town highways.

2. Crosswalks should be installed at locations protected by traffic signals or stop signs, and at other locations where justified by an engineering study and adequately protected by warning signs in accordance with the MUTCD. It is recommended that crosswalks be evaluated using the engineering study as detailed in the Agency of Transportation's latest edition of, "Guideline for the Installation of Crosswalk Markings and Pedestrian Signs at Marked and Unmarked Crossings."

3. A crosswalk on a State highway shall be marked with white paint or a durable pavement marking material. The crosswalk shall be at least six (6) feet wide, measured inside of the crosswalk edge lines, and the crosswalk edge lines shall be twelve (12) inches wide, and shall conform to the "crosshatch" pattern shown in the detail below. Crosswalks in municipalities should be in accordance with selections shown in the MUTCD.

[See illustration in printed publication.]

4. Within two years of the effective date of this rule, all existing crosswalk markings shall conform to the details shown above, or as shown in the MUTCD. Within two years of the effective date of this rule, all crosswalks shall be reviewed for compliance, in the case of town highways by the responsible municipal official, or the District Transportation Administrator. All crosswalks not meeting the guideline should be removed.

5. Meanings of "Shall", "Should" and "May". In the sections dealing with the design and application of traffic control devices, the words "shall", "should" and "may" are used to describe specific conditions concerning these devices to clarify the meanings intended by the use of these words, the following definitions apply:

a. SHALL - a mandatory condition. Where certain requirements in the design or application of the device are described with the "shall" stipulation, it is mandatory when an installation is made that these requirements be met.

b. SHOULD - an advisory condition. Where the word "should" is used, it is considered to be advisable usage, recommended but not mandatory.

c. MAY - a permissive condition. No requirement for design or application is intended.

CONTROLLED INTERSECTIONS

Traffic Signal Intersection Control

1. Traffic signal with an exclusive pedestrian phase shall have crosswalks applied on all roadway approaches which are used by pedestrians.

2. Traffic signals with concurrent pedestrian movements shall have crosswalks applied on the roadway approaches that have sidewalks that guide the pedestrian to the point of crossing in the intersection. Crosswalks should not be installed in the absence of sidewalks unless adequate shoulders exist.

3. Traffic signals that are not timed to accommodate concurrent pedestrian movements or have traffic signal heads that cannot be seen by the pedestrian, shall have no crosswalks applied on the roadway approach which might be used by pedestrians.

There shall be no signs installed at the marked crosswalks or advance signs placed on the roadway approaches denoting pedestrian activity at the intersection.

[See illustration in printed publication.]

STOP Sign Intersection Control

1. A crosswalk may be placed across the approach controlled by a STOP sign if a sidewalk exists on both sides of the roadway approach controlled by the STOP sign. Note: If a crosswalk is stencilled, a stop bar shall be stencilled, and it shall be a minimum of 4 feet from the crosswalk, measured as a 4 foot gap between markings.

There shall be no signs installed at the marked crosswalk, or advance signs placed on the roadway approach denoting pedestrian activity at the intersection.

[See illustration in printed publication.]

UNCONTROLLED INTERSECTIONS

Uncontrolled Approach to an Intersection

A crosswalk may be placed at an intersection on a roadway approach that is not regulated by a traffic signal or a STOP if all the following criteria are met:

1. The speed limit is 40 MPH or less, and;

2. There exists 20 or more pedestrians per hour during the vehicular A.M. and P.M. peak period and a study indicates that pedestrians have to wait more than 60 seconds to cross the roadway. Lessor values can be used if a large percentage of the pedestrian population consists of young, elderly, or disabled pedestrians, and;

3. A determination has been made that the pedestrian shall have the right-of-way over the vehicular traffic. For example: this would occur in urban areas, at parking lots or access points to public buildings, as there is a need to channelize pedestrian movement to avoid pedestrian/vehicle conflicts, and;

4. No parking or other obstructions occur which prohibit the motorist from seeing the pedestrian standing on the shoulder or curb and parking is prohibited 20 feet approaching the crosswalk (unless a bulb-out exists restricting parking), see example on page 15, and;

5. The marked crosswalk or the regulatory sign must be visible to the vehicle driver at a distance in excess of the safe stopping sight distance (chart on page 17) for the speed limit, and;

6. Multiple crosswalks should be at least 150200 feet apart in either direction of a proposed location.

Regulatory Signs (VR-004a) shall be installed at the crosswalk location and warning signs (W11-2) shall be installed on the roadway approaches as shown on the sign layout detail. Advance warning signs (W11-2) will not be required in urban areas where pedestrian activity is an expected feature of the driving environment.

When installed crosswalks should be placed as close to perpendicular to traffic as possible.

[See illustration in printed publication.]

School Crossing - Non-Intersecting Crossing or Mid-Block.

Crosswalks should be applied at locations on established routes to school where there is conflict between vehicles and school children, or where students would not otherwise know the proper place to cross. There does not need to be a specific number of students. Signs and pavement markings should be installed if all the following criteria are met:

1. The crossing occurs in a section of roadway where the posted speed limit is 40 MPH or less, and;

2. The marked crosswalk or the regulatory sign must be visible to the vehicle driver at a distance in excess of the safe stopping sight distance (chart on page 17) for the speed limit, and;

3. No parking or other obstructions occur which prohibit the motorist from seeing the school child standing on the shoulder or curb, at least 100 feet in advance of and 20 feet beyond the crosswalk (unless a bulb-out exists restricting parking), see example on page 15 and;

4. A trained crossing guard shall be used at the times when there is crossing activity by the students, and;

5. Multiple crosswalks should be at least 150-200 feet apart in either direction of a proposed location.

Signs (VR-004a, S2-1) shall be installed at the crosswalk location and a warning sign (S1-1) shall be installed on the roadway approaches as shown in the sign layout detail:

When installed crosswalks should be placed as close to perpendicular to traffic as possible.

[See illustration in printed publication.]

Non-Intersection Crossing or Mid-Block

A marked crosswalk may be used across a roadway if all the following criteria are met:

1. The speed limit is 40 MPH or less, and;

2. No other crossing exists within a distance of 150-200 feet in either direction, and;

3. There exists 20 or more pedestrians per hour during the vehicular A.M. and P.M. peak period and a study indicates that pedestrians have to wait more than 60 seconds to cross the roadway. Lessor values can be used if a large percentage of the pedestrian population consists of young, elderly, or disabled pedestrians, and;

4. A determination has been made that the pedestrian shall have the right-of-way over the vehicular traffic. For example: this would occur in urban areas, at parking lots or access points to public buildings, as there is a need to channelize pedestrian movement to avoid pedestrian/vehicle conflicts, and;

5. No parking or other obstructions occur which prohibit the motorist from seeing the pedestrian standing on the shoulder or curb, at least 100 feet in advance of and 20 feet beyond the crosswalk (unless a bulb-out, see example, page 15, exists restricting parking), and;

6. The marked crosswalk or signs must be visible to the vehicle driver at a distance in excess of the safe stopping sight distance (chart on page 17) for the speed limit, and;

Regulatory signs (VR-004a) shall be installed at the crosswalk location and a warning sign (W11-2) shall be installed on the roadway approaches as shown on the sign layout detail. The advance warning signs (W11-2) will not be required in urban areas where pedestrian activity is an expected feature of the driving environment.

When installed, crosswalks should be placed as close to perpendicular to traffic as possible.

[See illustration in printed publication.]

UNMARKED CROSSINGS

Unmarked Pedestrian Crossing

When the criteria for a marked crosswalk is not met, warning signs as specified in the MUTCD, (Part II-C), Warning Signs, may be installed.

If signs are determined to be warranted based on available sight distance, the following sign layout detail should be used where applicable:

CASE A

The pedestrian crossing activity occurs randomly over a long distance at various points. A warning sign (W11-2) and a supplemental plaque should be used to denote the distance between the signs (which blanket the crossing area). The plaques should not indicate a distance in excess of one mile.

2. There does not need to be a specific pedestrian volume, merely crossing activity.

Cases to consider would be on highways adjacent to lakes and ponds, where summer camps and the associated activities occur, or connections for a hiking trail require travel along the roadway.

[See illustration in printed publication.]

CASE B

The area of concentrated pedestrian activity occurs over a length of 500 feet or less and is within the view of the motorists. These crossings take place only at the location identified, and at various times.

2. Supplemental plaques shall be used to denote the distance between the crossing signs (W11A-2). The advance pedestrian signs (W11-2) should be used with the crossing signs.

This situation tends to be seasonal locations or locations of activity during certain days. Cases to consider would be locations where some attraction such as fishing or swimming occur on one side of the highway and parking occurs on the other.

[See illustration in printed publication.]

CASE C

The location of pedestrian activity occurs at a specific location but does not meet the guidelines for a marked crosswalk.

2. Crossing signs (W11A-2) may be used to supplement advance Crossing signs (W11-2) as a means of assisting the vehicle operator in defining the specific point of crossing. Such signs should be used only at locations that are unusually hazardous or at locations not readily apparent. When used, the Crossing sign (W11A-2) should be located immediately adjacent to the crossing location.

[See illustration in printed publication.]

If this distance exceeds 50 feet, then Case B applies.

ATTACHMENTS

EXAMPLE

STATE OF VERMONT AGENCY OF TRANSPORTATION TRAFFIC & SAFETY DIVISION

CROSSWALK APPROVAL

In accordance with 19, V.S.A., § 905(b), Maintenance District.... is hereby permitted to install a crosswalk on the state maintained portion of .... at the following location:.....;

The approval is contingent upon the installation and maintenance of the crosswalk in accordance with State as shown in the Manual on Uniform Traffic Control Devices (MUTCD), as adopted by State Law Title 23, § 1025.

The Traffic and Safety Division reserves the right to withdraw approval and require removal of this crosswalk based on safety, maintenance and engineering issues, and as future conditions dictate. The appropriate signs shall be in position prior to the crosswalk installation.

Approved .....Traffic & Safety Engineer Date....

Sketch of location (if applicable)

[See illustration in printed publication.]

[See illustration in printed publication.]

[See illustration in printed publication.]

| Brake Reaction | | | | | | | --- | --- | --- | --- | --- | --- | | Design Speed (mph) | Assumed Speed for Condition (mph) | Time (sec) | Distance(ft) | Coefficient of Friction | Braking Distance on Level (ft) | | 20 | 20-20 | 2.5 | 73.3-73.3 | 0.40 | 33.3-33.3 | | 25 | 24-25 | 2.5 | 88.0-91.7 | 0.38 | 50.5-54.8 | | 30 | 28-30 | 2.5 | 102.7-110.0 | 0.35 | 74.7-85.7 | | 35 | 32-35 | 2.5 | 117.3-128.3 | 0.34 | 100.4-120.1 | | 40 | 36-40 | 2.5 | 132.0-146.7 | 0.32 | 135.0-166.7 | | 45 | 40-45 | 2.5 | 146.7-165.0 | 0.31 | 172.0-217.7 | | 50 | 44-50 | 2.5 | 161.3-183.3 | 0.30 | 215.1-277.8 | | 55 | 48-55 | 2.5 | 176.0-201.7 | 0.30 | 256.0-336.1 | | 60 | 52-60 | 2.5 | 190.7-220.0 | 0.29 | 310.8-413.8 | | 65 | 55-65 | 2.5 | 201.7-238.3 | 0.29 | 347.7-485.6 | | 70 | 58-70 | 2.5 | 212.7-256.7 | 0.28 | 400.5-583.3 |

| Stopping Sight Distance | | | | --- | --- | --- | | Design Speed (mph) | Computed (ft) | Rounded for Design (ft) | | 20 | 106.7-106.7 | 125-125 | | 25 | 138.5-146.5 | 150-150 | | 30 | 177.3-195.7 | 200-200 | | 35 | 217.7-248.4 | 225-250 | | 40 | 267.0-313.3 | 275-325 | | 45 | 318.7-382.7 | 325-400 | | 50 | 376.4-461.1 | 400-475 | | 55 | 432.0-537.8 | 450-550 | | 60 | 501.5-633.8 | 525-650 | | 65 | 549.4-724.0 | 550-725 | | 70 | 613.1-840.0 | 625-850 |

Stopping sight distance (wet pavements)

History

• Effective Date: July 10, 1995 (Secretary of State Rule Log # 95-44)

Chapter 019 VERMONT STATE STANDARDS FOR THE DESIGN OF TRANSPORTATION CONSTRUCTION, RECONSTRUCTION AND REHABILITATION ON FREEWAYS, ROADS AND STREETS

14-019 Code Vt. R. 14-010-019-X VERMONT STATE STANDARDS FOR THE DESIGN OF TRANSPORTATION CONSTRUCTION, RECONSTRUCTION AND REHABILITATION ON FREEWAYS, ROADS AND STREETS

1.0 INTRODUCTION

1.1 THE PURPOSE OF DESIGN STANDARDS

The following Vermont State Standards for Construction, Reconstruction, and (where specified) Rehabilitation of Roadways and Bridges have been designed with two purposes in mind:

. To provide clear technical direction to the designers of transportation projects in Vermont.

. To achieve roadway and bridge designs which provide access, mobility and safety for users, and which are also sensitive to the social and environmental context of Vermont.

These Standards reflect changes to transportation policy on the state and national levels as initiated by the Federal government in the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) legislation, the goals of the 1995 Vermont State Long Tange Transportation Plan (LRTP), modifications of the Project Development (Scoping) Process, and inter-agency planning agreements between the Vermont Agency of Transportation (VAOT), the Vermont Agency of Natural Resources (VANR), the Vermont Division for Historic Preservation (VTDHP), and others.

These Standards present the physical design parameters and guidelines of bridges and roadways in Vermont. In some cases they change and in other cases they augment the Standards previously used by the VAOT, and the American Association of State Highway and Transportation Officials (AASHTO). In the following chapters, design standards are organized by roadway functional classification. For each classification geometric values and "Special Design Guidelines" are presented for specific guidance for the design of roadways in sensitive situations.

The Standards have been designed to be flexible and to allow and encourage creative methods to minimize impacts on scenic, historic, archaeological, environmental and other important resources. This will give the VAOT greater ability to conform to State and Federal statutes, rules and regulations, to ensure that projects are designed to fit the Vermont context, to ensure that projects minimize environmental impacts, and to maximize the public benefit of transportation improvement investments. The inclusion of Rehabilitation Projects within these standards is intended to augment both "Preservation" and "3R" Standards which are a separate document. These standards apply in both philosophy and, where specified in detail to those standards.

These Vermont State Standards are based upon the assumption that contextual and situational issues for each project must be identified early in the design process, before geometric values are selected. These issues are then considered at each step throughout the design process. This process will allow for the successful integration of both "quantitative" parameters and "qualitative" issues.

All transportation projects in Vermont must be designed to minimize negative impacts on natural resources, historic, scenic or other community values, while also providing reasonable roadway widths, grades, sight distances, etc. At the same time, roadway improvements have the potential to positively contribute to the local, regional and state-wide economy of Vermont. By providing for the efficient movement of goods and services and by building facilities that provide access to and complement and enhance the State's historic and visual character, the State's economic interests are furthered. In order for this to be accomplished, the design of new transportation facilities in Vermont must balance multiple factors:

. The physical attributes of roadways which are important for user safety.

. The transportation planning policies guiding the region and community.

. The need for access to, and mobility along, a roadway.

. The presence of historic sites and districts.

. The presence of natural resources and environmental factors.

. The social context of the communities within which the facility exists.

. The economic development needs of the community, region, and state.

1.2 HOW THE STANDARDS WERE DEVELOPED

The standards presented in this document represent the work of the Vermont Design Standards Committee, established in 1994 as a part of the Long Range Transportation Plan. The group met regularly for over 21 months between April 1994 and January 1996. The meetings were focused on completing recommendations for revised standards based upon input from engineering, planning, and resources perspectives. The Design Standards Committee was comprised of representatives including VAOT staff from the engineering and planning divisions and legal units, the Agency of Natural Resources, the Division of Historic Preservation, Regional Planning Commissions, the Vermont Council on the Arts, the Preservation Trust of Vermont and the Federal Highway Administration. Numerous private citizens, from lay person to professional, also served on the committee.

1.3 ROADWAY CLASSIFICATION SYSTEM

Organization of the standards is based upon the State's "Functional Classification of Roads and Highways" currently in use by the VAOT. The Classifications include:

. Freeways

. Principal Arterials

. Minor Arterials

. Collectors

. Local Roads

For each classification, the user is provided with a narrative of the overall description of the classification as well as a series of general objectives and design issues inherent with the need to integrate the roadway design with the Vermont context.

The overriding theme throughout the Standards is the allowance of considerable flexibility in the application of standards to specific projects. For example, Freeways, which are a special class of Arterials, have mobility as the primary functional purpose. As functional classification changes from Arterials, through Collectors, to Local Roads, the emphasis gradually shifts from a mobility orientation to one of land access, and provides for greater flexibility in design.

Proportion of Service

[See graphic or tabular material in printed version]

1.4 PROJECT PLANNING STANDARDS: LINKAGE TO THE PROJECT DEVELOPMENT PROCESS

The VAOT is obligated to be responsive to the legal and jurisdictional issues that exist within many roadway and bridge design projects including historical, archaeological, and environmental resources. The Agency has also committed itself through the Transportation Planning Initiative and Long Range Transportation Plan to work closely with local communities and regional planning commissions to consider local and regional issues in the development of roadway and bridge projects. This commitment has developed a public expectation that VAOT projects will balance multiple issues and interests, and address problems and opportunities that may go beyond conventional roadway design and engineering.

The primary tool for achieving responsive roadway and bridge design for a specific project relies initially on a systematic assessment of the community, land use, visual, historical, natural resource and cultural characteristics of the road and its surrounding corridors. Commitments made in the Project Development process need to be carried through the design process. However, in that some VAOT projects do not formally go through Project Development, the Project Development Process or a similar process should be followed to guide decisions made by project designers to anticipate the broad set of considerations that may arise in all types of road and bridge projects, including 3R, Preservation and other project categories.

Being responsive to local issues and the situational context is the responsibility of every VAOT project designer/design team.

1.5 TRANSPORTATION DESIGN IN THE VERMONT CONTEXT

It is essential that all transportation facilities be designed as part of the total environment. Whatever the type of transportation facility or project, sound planning, engineering, and environmental design principles should be applied. Roads and bridges should be designed to specifically fit into the situational context of the area within which each will be constructed, i.e., city, town, village, suburban and rural areas.

In Vermont, the public has indicated a strong desire for roadway projects to respond to the natural, scenic, and cultural landscape. To provide optimum consideration of these elements, the natural and human "built environment" features in the vicinity of a specific project should be inventoried and analyzed to guide the roadway design development process. The inventory should include: topographical and physical characteristics; natural resources; recreational uses; potential, existing and future residential uses; historical resources; visual and aesthetic resources; landmarks; and existing and potential land uses. The analysis should draw relevant conclusions as to the needs for specific resource protection measures as well as opportunities to integrate those features into the roadway or bridge project at the earliest possible point in the design process. These factors should then be integrated with the geometric standards. The presence of some of these features allow for possible reductions or modifications to the geometric standards through "Special Design Guidelines". Those guidelines are described in this section and Section 1.8. The final design should reflect consideration of all these factors to produce a safe and attractive transportation facility that is compatible with the environment and the character of the community.

All concerned disciplines should collaborate at every stage of the transportation project planning, design, and construction process to realize the maximum potential from the project. The exchange of information and expertise is critical throughout project development. This shall include the full range of highway components or features, such as the roadway (the travel surface itself), the roadside (remainder of the right-of-way, with any natural vegetation and/or plantings), ancillary structures (such as bridges, culverts, and retaining walls), and highway appurtenances (such as fences, signs, lights, and traffic barriers). Community acceptance of a transportation project is often strongly influenced by the visual elements of the project as seen both in views from the project (the road view as seen by users), and view of the project (the road view as seen by project neighbors). All of these components must be properly coordinated with the existing cultural, historical, ecological, physical, and aesthetic considerations.

The following is an outline of design context situations in general categories that describe a range of land use contexts within which roads exist. With each situation, general themes and goals are provided to give the designer an initial framework to address roadway or bridge design in community context. These goals should be confirmed in coordination with local officials and the public, as well as with State and Federal agencies. Many of these goals are specifically derived from Vermont legislation (ACT 200, ACT 250 decisions, etc.) and are an important translation from VAOT, VANR, ADCA and other agencies' policies into specific actions.

1.5.1 Large Towns and Cities

Roadway design projects in Vermont's large towns and cities present complex situations where the needs of through-traffic as well as destination traffic converge. In existing downtowns, the balance between mobility and the economic and cultural issues of "city streets" will need to be addressed. Frequently, road corridors in towns and cities are congested with multiple users (cars, trucks, pedestrians, bikes, etc.). Major corridor projects will continue to be expected to integrate all those users. At the same time, town and city roads function as a complete network; frequently individual problem areas are linked to others nearby and/or more distant contributing conditions.

New and reconstructed roads need to be compatible with the adjacent land uses and reflect the urban characteristics of the location. Elements of roads that should be included in engineering decisions are: preservation or enhancement of on-street parking; new or redefined pedestrian walkways and crossings; pedestrian scale and roadway lighting; coordinated VAOT, public street and other signage; preservation and enhancement of street tree plantings; and landscaping of adjacent public spaces and facilities.

Additionally, roadway projects along existing corridors entering large towns and cities may feature existing strip-development. New projects should be responsive to avoid proliferation of strip-development patterns by integrating roadway design features and land use development regulations. Fringe areas of large towns and cities with strip-developments should incorporate design treatments to reduce curb-cuts, promote safe pedestrian and bicycle traffic and establish urban character with appropriate street trees, lighting, and signage.

Frequently there are conflicts between driver speed, pedestrian safety and economic viability along roadway corridors in Vermont's cities and large towns. Speed control (traffic calming) techniques should be employed to moderate roadway speed. This may be accomplished through the use of visual elements in the street design, by providing channelizing islands or roundabouts, through proper placement and design of pedestrian crossings and through alignment modifications. Both roadway and bridge designs should use visual elements that define urban area gateways where roadway character and land use character changes coincide.

1.5.2 Small Towns and Villages

Throughout the state, small towns and villages have historically been sited along road corridors. Many of these roads are the "Main Streets" and "Elm Streets" that are the principal public streets that share uses for both through-traffic and local traffic. The identity of individual small town and village centers is an especially important characteristic in Vermont. For aesthetic, as well as safety reasons, it is essential for drivers to reduce speed in small town and village centers. Appropriate design techniques should be used to reinforce this behavior. Pedestrian circulation and on-street parking should be maintained or enhanced. By creative variation of highway alignment and cross-section, driver behavior can be influenced, scenic and community values reinforced, and greater safety achieved.

Small towns and villages in Vermont are of historic significance, minimizing the impacts on the historic character is extremely important. Preservation of this character may include maintaining existing street trees and other landscape features, providing new street trees and landscaping and altering infrastructure including utilities, drainage, and overhead utility lines. Providing curbs should be employed where required to allow preservation of existing streetscape elements and narrower clear zones.

Establishing appropriate road sections should address the difference between the various types of streets commonly found in small towns and villages such as:

. Built-up "Main" streets with on-street parking, sidewalks and commercial blocks.

. Residential "Elm" streets with generous building setbacks, yards and continuous street trees.

. Intersections that include village public spaces with parks, churches, public buildings, etc.

Many of the design objectives of cities and large towns also apply to small towns and villages, but on a smaller scale. Those techniques may be employed in addition to those listed in this section.

1.5.3 Suburban Commercial/Residential Corridors

Between the 1950s and late 1980s, many Vermont communities experienced commercial growth and development along major road corridors. As that development increased, along with increased population growth and changing patterns of commercial markets in the State, traffic conditions have deteriorated. Frequent turning movements, the use of undefined turning lanes, and the extensive lengths and numbers of curb cuts all combine to create higher levels of congestion with higher accident rates.

Roadway projects along these commercial corridors should be combined with local and regional planning efforts and land use regulations to improve traffic safety and reduce congestion, while still providing access to adjacent properties and improvements to corridor aesthetics.

Design treatment to reduce curb-cuts, promote safe pedestrian and bicycle traffic, preserve or provide new street trees, lighting, and signage should be employed along suburban corridors. Speed control (traffic calming) techniques including: channelizing islands, roundabouts, defined pedestrian crossings, alignment modifications and streetscape designs should be used to moderate roadway speed. Roadways with higher functional classifications through suburban corridors should create or redefine pedestrian walks and crossings and include streetscape elements. These elements may include: pedestrian scale and roadway lighting, coordinated street and other signage, tree plantings and other landscape features. In addition, access from the roadway to major public spaces and facilities should be defined through the use of these elements.

1.5.4 Rural Corridors

The vast majority of Vermont roads lie within rural corridors. The most prominent rural settings are: agricultural valleys, wooded hillsides and river valleys, and mountainous areas. Each of these situations has implications for roadway design that should be linked to aesthetic, topographical and land use considerations.

Preserving rural quality should be closely integrated with roadway design techniques. The relative location of the road may either enhance or detract from the landscape. Also, the materials and construction techniques employed may have similar positive or negative results. Some of the techniques that may be used to maximize the "fit" between the road and rural landscapes are: alignments that complement the natural topography; avoid bisecting open fields, agricultural lands, critical natural habitats and wetlands by aligning the road to fringe areas; avoiding the placement of guardrail that blocks extensive views and vistas; use of landscape features to blend roadways and bridges into the natural setting; use of locally available materials (stone and plant materials) to blend colors and textures into the setting; and, methods to protect, create and enhance vegetative buffers along shore lines and adjacent to wetlands and important natural habitats. Alternative strategies for slope retention should be employed to minimize visual impacts of crushed stone slopes through the use of more natural appearing treatments. Grading easements or additional right-of-way should be used to allow blending of roadway side slopes with the adjacent landscape. Bridge designs should consider the effects of: intrusion into the State's waterways; visual and public access to waterways; and appropriate pedestrian and bicycle crossings.

1.6 GENERAL USE OF THE STANDARDS

These Standards present geometric values for the design of roadways and bridges in Vermont. In addition to the flexibility within the geometric values presented throughout these Standards there is a recognition that each project will have its own set of opportunities and constraints. Many of these opportunities and constraints may be addressed within the geometric values built into these Standards. These Standards also include tools for use by the designer to prevent or mitigate impacts to the natural and built environment and to make the best of the opportunities, and to work within the constraints of the project.

These Standards represent a new philosophy that the designers must follow when selecting geometric values for the design of roadways. The designer needs to consider the selection of geometric values in two ways. First, the geometric values included in these Standards may be considered minimum values. Factors which may affect the selection of geometric values need to be considered. Such factors may include: accident histories, design traffic volumes, driver expectancy, percent of truck traffic, future use of the roadway and other corridor characteristics. If the analysis of these factors indicate that a higher geometric value is necessary to provide an acceptable level of safety then the designer should document the use of a higher value.

Second, some projects may require that further consideration be given to easing the geometric values given in these Standards in order to avoid or reduce impact to the natural and built environments. Should such situations become unavoidable then an exception to ease these Standards may be appropriate.

1.7 USE BY MUNICIPALITIES

The Vermont Design Standards are not intended to apply where communities are using their own funding to perform work on roads and bridges, unless a community chooses to use them as guidance. However, when Federal or State funds are being used, the standards generally apply. Specifically, the Vermont Design Standards apply to all direct or subcontracted transportation work performed in the State of Vermont using Federal funds, where the Vermont Agency of Transportation is responsible for assuring federal eligibility of fund expenditures. For transportation projects using Vermont state funds, where primary responsibility rests with the Agency of Transportation, the Vermont Design Standards apply. For projects within the jurisdiction of Act 140, the standards apply. For other programs using Vermont state funds distributed by formula or by grant, where primary responsibility rests with the municipalities, (eg. the bridge and culvert program and other similar annual grant programs), the municipalities should use the Vermont Design Standards as guidance, at their discretion.

1.8 SPECIAL DESIGN GUIDELINES AND THEIR ROLE IN THE STANDARDS

The Special Design Guidelines included with each Functional Classification, are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. The Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under various Functional Classification there are guidelines for:

. Historic/Archaeological Resources

. Natural Resources

. Recreational Resources

. Scenic Resources

. Village or City Entrance Considerations

. Economic Vitality Considerations

When such resources (as listed above) are present within a project site, and the use of the tools suggested do not provide an adequate protection of the resources, then the design may be eligible for reductions in geometric values as described in the individual roadway classifications. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

1.9 DESIGN EXCEPTIONS

These Vermont State Standards reflect the need for transportation projects to provide safe and convenient travel for road users, and at the same time, to fit appropriately within the adjacent natural and built environments. In some instances, the geometric design flexibility provided in these Standards may not be sufficient to adequately protect important resources or values. In such cases, these Vermont State Standards will assist the designer in recognizing and documenting the need for an exception to the Standards, and in proposing mitigation to maintain an appropriate measure of safety. The actual process for obtaining approval for exceptions to the Standards is described in the Agency's "Guidelines for Preparation of Design Exceptions".

2.0 FREEWAYS

2.1 BASIC GEOMETRIC STANDARDS

AASHTO design criteria, as presented in the 1990 "Policy on Geometric Design of Highways and Streets" will govern on this class of highways.

2.2 SPECIAL DESIGN GUIDELINES

These Special Design Guidelines are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. These Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under this Functional Classification there are guidelines for:

. Historic/Archaeological Resources

. Natural Resources

. Recreational Resources

. Scenic Resources

. Village or City Entrance Considerations

. Economic Vitality Considerations

When such resources are present within a project site and the use of the tools suggested do not provide an adequate protection of the resources then the design may be eligible for reductions in geometric values. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

The primary strategy for Freeway projects should be to use alternative roadway alignments to avoid an impact to the resource. Reduction in the size/area of impact, and the utilization of creative design and engineering solutions should be pursued. In certain cases, special design features to enhance the design's integration into the environment are encouraged. These strategies are all described as "common tools" in the following subsection.

2.2.1 Common Tools for Freeways

. Alignment modification including: adjustment of horizontal and vertical curves to avoid sensitive areas, to fit topographical features and to protect scenic and visual quality.

. Alterations to typical cross section including:

. Sideslopes steeper than normal (in combination with additional guardrail)

. Use of curb and closed drainage systems (elimination of roadside ditching)

. Retaining walls

. Wetland and wetland buffer restoration/creation

. Wildlife habitat restoration/creation

. Water quality/stream bank, stream buffer, lake buffer creation, restoration, and enhancement

. On and Off - site mitigation

. View/scenic enhancement through vegetation management

. Selection of appropriate guard rail or other roadside barriers to allow visibility through to views or to blend-in with foreground views.

. Use of guardrail to allow preservation of significant features including native and planted vegetation

. Use of grade separation/bridging/elevated structures etc.

. Fencing or Landscaping for screening or earth berm buffers.

. Retrofitting of historical bridges for alternative uses off-the-freeway.

. Integration of historical features in interpretive facilities, rest areas, overlooks, etc.

. Light poles and fixtures should have down shielded luminaires, and be minimized in rural areas or otherwise appropriate for the setting.

. Rest area and truck weighing areas facility design may need special consideration.

. Architectural/Landscape design:

. lighting

. use of native materials

. use of architectural and landscape design details

2.2.2 Historic/Archaeological Considerations

Freeway construction projects should be designed to avoid historic or archaeological resources wherever possible. This may be in the form of avoiding disturbance of specific sites and structures, historic districts, or areas where the presence of the road conflicts with a historic land use pattern. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements.

2.2.3 Natural Resources

Freeway construction projects should be designed to avoid natural resources wherever possible. This may be in the form of avoiding disturbance of specific sites or areas where the presence of the road conflicts with important natural resources. Where avoidance proves unfeasible, every effort should be made to minimize impacts or pursue mitigation strategies and design enhancements to enable the maximum integration of the Freeway with the resource.

All Freeway projects must consider the presence of environmental resources in project planning, design and construction. The following resources are protected by State and Federal law:

. Wetlands

. Lakes and rivers and their shorelines

. Water supplies

. Groundwater protection areas

. Watershed protection areas

. Agricultural districts and farmland

. Floodplains/ways

. Critical wildlife habitat and natural areas

. Rare and endangered species

. Designated "Wild and Scenic Rivers"

. Local conservation districts or zones

. State and Federal forests and wildlife management areas

. Outstanding Resource Waters

2.2.4 Recreational Resources

Proposed Freeway construction projects should be designed to avoid public recreational facilities wherever possible. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Freeway with the resource. Examples of Recreational Resources are:

. Federally owned, funded, or managed properties

. State owned, funded, or managed properties

. Locally owned parks and recreational areas

. Privately owned recreational facilities open to the public

. Trails and Greenways

2.2.5 Scenic Roads or Views Considerations

All Freeway projects should consider scenic and aesthetic issues for projects that possess scenic qualities. Assessment of scenic qualities should be completed in the Project Development Process. This includes, but is not limited to, "Designated Scenic Roads" or "Scenic Byways" as well as other roads with scenic attributes. Techniques for preservation of scenic resources should be employed for both scenic resources seen from the road, as well as views of the road from surrounding areas. The following techniques, in addition to the tools listed above, should be considered where scenic issues are identified in a Freeway project:

. Extension of sideslope grading to round-out cut and fill slopes

. Tree removal or trimming to preserve or enhance views. Selected use of guard rail to allow retention of significant tree groupings and to allow for mitigation and enhancement landscaping within the clear zone.

. Vegetation management in areas where preservation of existing trees serves to provide a visual buffer, frame views, or provide other visual context for the roadway.

. Scenic turnouts should be considered and provided, where demand is apparent.

. Sculpted ledge to afford natural-like clefts and appearance.

. Treatment of bridges, abutments, and retaining walls should de-emphasize structures where prominent long views and vistas are present.

. Consider appropriate sign size and placement to prevent blockage of views.

2.2.6 Village or City Entrance Considerations

Because Freeways in Vermont do not generally "enter" or pass directly through villages or cities in the usual sense, this issue arises primarily at interchanges where freeway ramps meet other roads in or leading to town centers and other developed areas. The following additional guidelines are appropriate at such locations:

. Consider extending access control on intersecting roads, allow for streetscape treatments and provisions for pedestrians.

. Consider landscaping to define access roads to main public streets and to define public spaces adjacent to Freeway corridors.

. Consider aesthetic treatment of bridges, abutments, retaining walls to emphasize gateways to community entrances and prominent features with "architectural" features and materials.

2.2.7 Economic Vitality Considerations

Creative design should integrate economic issues where the transportation of goods and services is of significant importance. On those routes within economically important corridors, the following additional guidelines may be appropriate:

. Use appropriate turning radii for large commercial vehicles

. Use appropriate ramp widths for large commercial vehicles

. Consider direct access from large commercial traffic generators to reduce burden on local road system

. Consider rest area facilities or breakdown facilities for trucks

. Consider park and ride facilities at interchanges

. Consider interchanges with other travel modes (air, rail, etc.)

3.0 PRINCIPAL ARTERIAL ROADS AND STREETS

3.1 BASIC GEOMETRIC STANDARDS

Design criteria for Principal Arterial Roads and Streets are summarized below. Other AASHTO design criteria, as presented in the 1990 "Policy on Geometric Design of Highways and Streets" are also applicable where they do not conflict with these standards.

3.2 LEVEL OF SERVICE

Rural Principal Arterials will be designed for a level of service C or better.

Principal Arterials in urban or village areas will generally be designed for a level of service C or better. However, in heavily developed village or urban areas, a reduced level of service such as D or E may be appropriate as judged on a case by case basis. Reference is made in this regard to VAOT's July 25, 1996 Highway Design Level of Service Policy.

3.3 DESIGN SPEED

Rural Principal Arterials are normally designed for speeds of 35 to 55 mph depending on terrain, driver expectancy and other characteristics. When a design speed lower than 35 mph is required, refer to Chapters II, III and IV of the 1990 AASHTO Policy for Design Features.

Principal Arterials in urban or village areas are normally designed for speeds of 30 to 55 mph, and occasionally may be as low as 25 mph.

For rural, village, and urban Principal Arterials, the design speed will be equal to the anticipated posted speed.

Design speeds may be lower than legal speeds. Design speeds as much as 10 miles per hour lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

3.4 SIGHT DISTANCE

3.4.1 Stopping Sight Distance

Minimum stopping sight distances on rural and urban Principal Arterials will adhere to the values in Table 3.1.

| Table 3.1 | | | | | --- | --- | --- | --- | | Minimum Stopping Sight Distance | | | | | For Principal Arterials (Wet Pavements) | | | | | Rehabilitation, Reconstruction or New Construction | | | | | Design Speed (mph) | Stopping Sight Distance (ft) | K Value for Crest Vertical Curve | K Value for Sag Vertical Curve | | 25 | 150 | 20 | 30 | | 30 | 200 | 30 | 40 | | 35 | 225-250 | 40-50 | 50 | | 40 | 275-325 | 60-80 | 60-70 | | 45 | 325-400 | 80-120 | 70-90 | | 50 | 400-475 | 110-160 | 90-110 | | 55 | 450-550 | 150-220 | 100-130 |

Note: Values at the high end of the range should be used for new construction projects on new location.

3.4.2 Corner Sight Distance

Corner sight distances for rural and urban principal arterials will meet the minimum requirements of Table 3.2.

| Table 3.2 | | | --- | --- | | Minimum Corner Sight Distances (a) | | | For Principal Arterials | | | Design Speed on Main Road (mph) | Corner Sight Distance (ft) | | 25 | 275 | | 30 | 330 | | 35 | 385 | | 40 | 440 | | 45 | 495 | | 50 | 550 | | 55 | 605 |

(a) Corner sight distance is measured from a point on the intersecting road or driveway, at least 15 feet from the edge of traveled way on the main road.

3.5 LANE AND SHOULDER WIDTHS FOR URBAN AND VILLAGE PRINCIPAL ARTERIALS

Due to the large variations in urban and village settings, no table of values has been given; however, the following guidelines will apply. On urban and village Principal Arterials, lane widths may vary from 10 to 12 feet, and there should be appropriate offsets to curb. The 10-foot widths are appropriate in highly restricted areas having little or no truck traffic. The 11-foot lanes are used extensively for urban and village Principal Arterial street designs. The 12-foot lane widths are generally used on all higher speed, free-flowing Principal Arterials. Under interrupted-flow conditions at low speeds (up to 45 mph), the narrower lane widths are normally adequate and have some advantages. Reduced lane widths allow greater numbers of lanes in restricted right-of-way and facilitate pedestrian crossings because of reduced distance. They are also more economical to construct. An 11-foot lane width is adequate for through lanes, continuous two-way left-turn lanes and a lane adjacent to a painted median. A 10-foot left-turn lane, or a combination lane used for parking, with traffic during peak hours, is also acceptable.

Lane and shoulder widths within Historic Districts should be compatible with the historic character of the District.

Shoulders are desirable on urban and village Principal Arterials, and should be provided where feasible for maneuvering room, space for immobilized vehicles, safety for the pedestrian in areas where sidewalks are not provided, safe accommodation of bicycles, speed-change lanes for vehicles turning into driveways, and storage space for plowed snow. Despite these advantages, the width of shoulders in urban and village areas may be restricted because of available right-of-way, adjacent development and other constraints.

Where shoulders are provided to accommodate disabled vehicles, they must be at least 6 feet wide. Parking lanes require approximately 7 feet of actual street space. The desirable minimum width is 8 feet; however, to provide better clearance and the potential to use the parking lane as a travel lane during peak periods a parking lane width of 10 to 12 feet is desirable.

As an absolute minimum, on limited access principal arterials, where bicycles and pedestrians are prohibited, a 2-foot offset to vertical curb should be provided, and a 1-foot offset to sloped curb. In all cases, drainage grates and drop inlets should be designed so that they do not project into a travel lane. Drainage grates should always be designed bicycle-safe.

3.6 LANE AND SHOULDER WIDTHS ON RURAL PRINCIPAL ARTERIALS

Lane and shoulder widths on rural Principal Arterials will adhere to values in Table 3.3. Note that shoulder widths in this table are considered necessary for adequate safety and service for this class of highway, and may exceed the minimum paved widths needed solely to provide bicycle safety. The required shoulder width beyond that needed to adequately accommodate bicycles as defined in Section 3.14 need not be paved.

| Table 3.3 | | | | | --- | --- | --- | --- | | Minimum Width of Lanes and Shoulders | | | | | For Two Lane Rural Principal Arterials | | | | | Projected Design | ADT | DHV | DHV | | Traffic Volume | 0-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Lane/Shoulder (ft) (a) (b) | | | | 35 | 11/5 | 11/6 | 11/8 | | 40 | 11/6 | 11/6 | 11/8 | | 45 | 11/6 | 11/6 | 11/8 | | 50 | 11/6 | 11/8 | 12/8 | | 55 | 12/6 | 12/8 | 12/8 |

(a) Width of lane may remain at 11 ft on reconstructed highways where alignment and safety records indicate a satisfactory condition.

(b) Add 2 ft. to the shoulder width in guard rail areas on principal arterials where the DHV is over 400 vph.

3.7 BRIDGE WIDTHS AND STRUCTURAL CAPACITIES

The full width of approach roadways will (normally) be provided across all new bridges on rural Principal Arterials, and the same curb-to-curb width as the street across all new bridges on urban and village Principal Arterials. New bridges should be designed to HS-25 loading capacity.

Bridges to remain in place without treatment should have at least the width of the roadway approach travel way plus 2-foot clearance to face of rail on each side, and should be adequate for State legal loads without posted restrictions.

3.8 VERTICAL CLEARANCE

New or reconstructed structures should provide at least 16 feet of vertical clearance over the entire roadway width, including shoulders. Existing structures that provide 14 feet of clearance may be retained. In urban areas, a minimum clearance of 14 feet may be provided if there is an alternate route for trucks that provides a 16-foot clearance. Structures should also provide an additional clearance of 3 inches for future resurfacing of the underpassing road.

Structures over railroads should provide a minimum vertical clearance of 23 feet over both rails, unless otherwise provided in a variance agreement entered into by the VAOT, the railroad and any affected municipality, and approved by the Transportation Board in accordance with 5 VSA, Section 3670. Where "double-stacks" are to be accommodated on the railroad, an absolute minimum vertical clearance of 20.75 feet will be required.

Bridges over rivers and other bodies of water will, where practicable, be designed to pass the 50-year frequency flood with a minimum clearance of 1' between the water surface elevation and the low chord of the bridge. In addition, overtopping of the road should not be permitted during the 50-year flood. Consideration shall also be given to the potential effects of the 100-year flood on upstream and downstream property, the environment, hazards to human life and floodplain management criteria.

3.9 HORIZONTAL CLEARANCE

A clear unobstructed roadside is highly desirable for motorist safety along rural principal arterials. Clear zone distances for new construction and reconstruction projects on rural principal arterials will normally be based on the values shown in Table 3.4.

| Table 3.4 | | | | | | | --- | --- | --- | --- | --- | --- | | Minimum Clear Zone Distances (in feet from edge of traveled lane) | | | | | | | For Rural Principal Arterials | | | | | | | Design Speed (mph) | Design ADT (VPD) | Fill Slopes | Cut Slopes | | | | 1:4 or flatter | 1:3 | 1:3 | 1:4 or flatter | | | | 45 or less | Under 750 | 7 | * | 7 | 7 | | 750-1500 | 12 | * | 10 | 10 | | | 1500-6000 | 14 | * | 12 | 12 | | | Over 6000 | 16 | * | 14 | 14 | | | 50 | Under 750 | 12 | * | 8 | 8 | | 750-1500 | 16 | * | 10 | 12 | | | 1500-6000 | 20 | * | 12 | 14 | | | Over 6000 | 24 | * | 14 | 18 | | | 55 | Under 750 | 14 | * | 8 | 10 | | 750-1500 | 20 | * | 10 | 14 | | | 1500-6000 | 24 | * | 14 | 16 | | | Over 6000 | 26 | * | 16 | 20 | |

• Since recovery is less likely on the unshielded, traversable 1:3 slopes, fixed objects should not be present in the vicinity of the toe of these slopes. Recovery of high speed vehicles that encroach beyond the edge of the shoulder may be expected to occur beyond the toe of the slope. Determination of the width of the recovery area at the toe of the slope should take into consideration right-of-way availability, environmental concerns, economic factors, safety needs, and accident histories.

Notes:

1. Selection of a clear zone may or may not provide adequate sight distance. In those cases where inadequate sight distance results, the designer should specify the need for a sight easement, or otherwise adjust the design to provide needed sight lines.

2. In cut areas without guard rail, it is recommended that the clear zone extend to the back of ditch. This may be wider than the typical clear zone width for the project. The placement of poles or other non-crashworthy features in the ditch is not desirable, as errant vehicles are likely to travel to the bottom of the ditch.

3. The designer may choose to increase the clear zone width on the outside of horizontal curves where accident histories indicate a need, or where specific site investigation shows a definitive accident potential. This may be cost effective where increased banking or other accident countermeasures are not feasible.

Despite the recommendations of Table 3.4, clear zones as narrow as 10 feet may be used on rural principal arterials, without design exception, where necessary to avoid or minimize disturbance of significant historic, archaeological, scenic, natural or other resources.

On uncurbed urban and village principal arterials, clear zones will be the same as for rural areas.

On curbed principal arterial urban and village streets, a 1.5 foot horizontal offset to obstructions from face of curb should be provided. This dimension should be increased to 3 feet near turning radii at intersections with side roads and driveways.

3.10 ALIGNMENT

Horizontal curvature will normally be designed in accordance with recommended AASHTO values for the design speed. However, curves up to 10 mph below the stated design speed may be used, without design exception, where necessary to avoid and/or minimize disturbance of historic, archaeological, scenic, natural or other resources. In addition, horizontal curves within 750 feet of a stop sign may be designed up to 15 mph below the stated design speed without design exception. When curvature sharper than the AASHTO recommended values is used, a post-construction test of those curves will be conducted, and advisory speeds will be posted where appropriate.

3.11 GRADES

Maximum grades on rural and urban Principal Arterials will adhere to the values shown in Tables 3.5 and 3.6. In curbed areas of village and urban streets and on all bridges, grades less than 1 percent should be avoided where possible to promote efficient runoff of storm water.

| Table 3.5 | | | | | --- | --- | --- | --- | | Maximum Grades for Rural Principal Arterials | | | | | Design Speed (mph) | | | | | 35 | 40-45 | 50-55 | | | Type of Terrain | Maximum Grade (percent) | | | | Level | 6 | 5 | 4 | | Rolling | 7 | 6 | 5 | | Mountainous | 8 | 8 | 7 |

| Table 3.6 | | | | | | --- | --- | --- | --- | --- | | Maximum Grades for Urban and Village | | | | | | Principal Arterials | | | | | | Design Speed (mph) | | | | | | 25 | 30-35 | 40-45 | 50-55 | | | Type of Terrain | Maximum Grade (percent) | | | | | Level | 9 | 8 | 7 | 6 | | Rolling | 10 | 9 | 8 | 7 | | Mountainous | 12 | 11 | 10 | 9 |

3.12 CROSS-SLOPE

Two-lane pavements are normally designed with a centerline crown and a parabolic surface with an average cross slope of 2 percent. When drainage is carried across adjacent lanes, the cross slope may be increased from one lane to another. Refer to the VAOT design manual for cross-slope design in various situations.

3.13 SUPERELEVATION

When the use of curves is required on a rural Principal Arterial alignment, a superelevation rate compatible with the design speed must be used. Superelevation of curves on rural Principal Arterials should not exceed 8 percent. Where a side road intersects on the outside of a main road curve, superelevation of the main road curve should be limited to 6 percent or less to prevent operational difficulties for vehicles entering the main road under snowy or icy conditions.

Superelevation is generally not used on low-speed (45 mph or less) curbed urban and village streets. This is to avoid problems with such items as drainage, ice formation, driveways, pedestrian crossings and developed property (Refer to the 1990 AASHTO Policy, Chapter III, for a detailed discussion of design for low-speed urban streets).

3.14 BICYCLE AND PEDESTRIAN CONSIDERATIONS

Bicycle and pedestrian traffic may be expected along the sides of most Principal Arterial roads and streets, except those which are designed and posted as limited access facilities. Where bicycles and pedestrians are allowed by law, the roadway should be designed and constructed under the assumption that it will be used by bicyclists and pedestrians. Bicycles require a paved surface; pedestrians, however, may often be adequately accommodated on unpaved roadway shoulders.

In recent decades, highways were not always designed with bicycle and pedestrian travel in mind. There are many ways in which roadway corridors should be improved to more safely accomodate bicycle and pedestrian traffic. Bicycle accommodation within the highway corridor may take four forms:

(1) shared use of the highway by bicycles and motor vehicles,

(2) designated bicycle route,

(3) designated bicycle lane, or

(4) a separated bicycle path. Many of the tools listed in section 3.15.1 provide roadways which are safer for bicyclists and pedestrians.

3.14.1 Shared Use of the Highway by Bicycles

Adequate accommodation of bicycles in rural areas is usually provided by paved shoulders designed to the widths shown in Section 3.6. However, where shoulder width is less than those values, where shoulder paving must be minimized, and in urban or village areas, Tables 3.7, 3.8, and 3.9 provide additional guidance in the selection of appropriate widths of paved areas to safely accommodate bicycles and motor vehicles on the same facility. Note that additional width may be desirable in very high traffic areas or where sight distance is restricted.

| Table 3.7 | | | | | --- | --- | --- | --- | | Minimum Width of Paved Shoulder Area to Accommodate Shared Use of Rural | | | | | Principal Arterial Roadways by Bicycles | | | | | Projected Design | ADT | DHV | DHV | | Traffic Volume | 0-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) | | | | 35 | 2 | 2 | 3 | | 40 | 2 | 3 | 3 | | 45 | 3 | 3 | 3 | | 50 | 4 | 4 | 4 | | 55 | 5 | 5 | 5 |

(a) Add 1 foot on bridges or where %trucks>10%.

| Table 3.8 | | | | | --- | --- | --- | --- | | Minimum Width of Paved Shoulder Area to Accommodate Shared Use of | | | | | Urban or Village Principal Arterial Streets With Curbing by Bicycles | | | | | Projected Design Traffic | ADT | DHV | DHV | | Volume | 0-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) (b) (c) | | | | 25 | 2 | 2 | 3 | | 30 | 2 | 3 | 4 | | 35 | 3 | 3 | 4 | | 40 | 3 | 4 | 4 | | 45 | 4 | 4 | 4 | | 50 | 5 | 5 | 5 | | 55 | 6 | 6 | 6 |

(a) Width may be reduced by 1 foot in uncurbed areas.

(b) These recommendations are for areas where there is no adjacent on-street parking. Where parking exists, special consideration must be given to achieve safe accommodation for bicyclists.

(c) For cases where shoulder width adjacent to a curb is less than 5 feet, recessed drainage inlets or curb inlets should be used.

In lieu of a paved shoulder, it is permissible to use a shared-use curb lane of at least the width shown in Table 3.9. When a shared-use lane is employed, a white edge line should be placed within 1 foot of the face of curb to discourage parking. For all shared-use curb lanes, recessed drainage inlets or curb inlets should be used.

| Table 3.9 | | | | | --- | --- | --- | --- | | Minimum Width of a Shared Use Curb Lane to | | | | | Accommodate Shared Use of Urban or Village | | | | | Principal Arterial Streets by Bicycles | | | | | Projected Design Traffic | ADT | DHV | DHV | | Volume | 0-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Lane (ft) | | | | 25-30 | 12 | 13 | 13 | | 35 | 13 | 13 | 13 | | 40 | 13 | 14 | 14 | | 45 | 14 | 14 | 14 | | 50 | 15 | 15 | 15 | | 55 | NR | NR | NR |

NR = Not Recommended

3.14.2 Bicycles on Bridges

Wherever bicycles are to be accommodated on newly constructed bridges, shoulders with a minimum dimension as shown in Tables 3.7, 3.8 and 3.9 in this subsection should be provided between the parapet, rail or barrier and the edge of the nearest travel lane.

3.14.3 Designated Bicycle Routes and Lanes

Designated bicycle routes or lanes may be appropriate along some principal arterial highways. Because designated routes and lanes will attract bicyclists encompassing a wide range of abilities, special care must be taken to ensure adequate width. Principal concerns for designated bicycle routes and lanes are rider safety and comfort. Because of these concerns, some high speed and/or high volume arterial routes may not be appropriate for designated routes and lanes. In such cases, alternate routes or separate paths for bicycles may be desirable.

3.14.4 Pedestrian Facilities

Adequate accommodation of pedestrians must be designed for all roadway projects. Depending on the locality and expected frequency of pedestrians, adequate accommodation may range from a graded space alongside a rural road to a sidewalk in a village or city. Projects in urban or village areas shall include consideration of sidewalks and crossing locations. In addition, at the request of a municipality, sidewalks should be considered in other areas of expected pedestrian use such as near schools and recreation areas.

Where pedestrians are accommodated on sidewalks, the design must observe, to the extent possible, current Americans with Disabilities Act Accessibility Guidelines (ADAAG). These guidelines establish acceptable grades, cross-slopes, widths, ramps, surface textures and other facets of pedestrian facility design.

Pedestrian accommodation on combined bicycle/pedestrian paths must also respect the ADAAG to the extent feasible.

Pedestrian accommodation along the shoulders of roadways do not need to comply with ADAAG. However, to the extent that those guidelines can reasonably be achieved, the designer is urged to do so.

3.15 SPECIAL DESIGN GUIDELINES

These Special Design Guidelines are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. These Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under this Functional Classification there are guidelines for:

. Historic/Archaeological Resources

. Natural Resources

. Recreational Resources

. Scenic Resources

. Village or City Entrance Considerations

. Economic Vitality Considerations

When such resources are present within a project site and the use of the tools suggested do not provide an adequate protection of the resources then the design may be eligible for reductions in geometric values. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

The primary strategy for Principal Arterial projects on new alignment should be to use alternative roadway alignments to avoid the impact on the resource. When the project must remain on existing alignment such as a major roadway reconstruction, "Preservation" or "3R" project, bridge repair or replacement, design solutions should be pursued that minimize the extent of the impact. Major tools to be used to avoid sensitive resources include: slope adjustments, clear zone reduction with installation of guard rail and other means which do not reduce the integrity and safety of the design. Reduction in the size/area of impact, and the utilization of creative design and engineering solutions should be pursued. These strategies are described as "common tools" in the following subsection.

3.15.1 Common Tools

. Alignment modification including: adjustment of horizontal and vertical curves to avoid sensitive areas, to fit topographical features and to protect scenic and visual quality.

. Reduction of Posted Speed.

. Reduction/minimization of lane and shoulder widths

. Reduction/minimization of clear zones

. Reduction of horizontal curves with advisory speed postings.

. Alterations to typical cross section including:

. Sideslopes steeper than normal (in combination with additional guardrail)

. Use of curb and closed drainage systems, elimination of roadside ditching

. Retaining walls

. Wetland and wetland buffer restoration/creation

. Wildlife habitat restoration/creation

. Water quality/stream bank, stream buffer, lake buffer creation, restoration, and enhancement

. On and Off - site mitigation

. View/scenic enhancement through vegetation management and grading of sideslopes

. Selection of appropriate guard rail or other roadside barriers to accomplish visibility through to views or to blend in with foreground views.

. Use of guard rail to allow steeper than 1:4 graded slopes, retaining walls or cribbing

. Use of guard rail to allow preservation of significant features including native and planted vegetation

. Use of grade separation/bridging/elevated structures etc.

. Separation of vehicular/pedestrian facilities.

. Fencing or landscaping for screening or earth berm buffers.

. Retrofitting of historical bridges for alternative uses off-site.

. Integration of historical features in interpretive facilities, overlooks, etc.

. Light poles and fixtures with down shielded luminaires.

. Architectural/Landscape design:

. street trees

. use of native materials

. use of architectural design details

. pedestrian facilities

. signage

. historical design elements

3.15.2 Historic/Archaeological Considerations

Principal Arterial projects should be designed to avoid historic or archaeological resources wherever possible. This may be in the form of avoiding disturbance of specific sites and structures as well as historic districts or areas where the presence of the road is disturbing to the historic land use and development pattern. Many Principal Arterial roads pass directly through city, town, and village centers and designers must work within these constraints while fitting roadways close to community historic landmarks.

Where Principal Arterials pass through historic town centers an appropriate balance must be struck between the mobility of through traffic and the historic and community values. Since a roadway's design characteristics are a function of the design and posted speeds, consideration should be given to reducing these speed variables. An appropriate response would be to work with local officials in reviewing the tradeoffs between impacts to historic areas and the posted speed.

Providing curbs along Principal Arterials in historic centers will allow improved pedestrian safety as well as a reduction in clear zone requirements to allow preservation and enhancement of historic elements. Where avoidance of historic and community landmarks proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Principal Arterial with the historic area. The following additional design techniques address the potential tools available to designers for Principal Arterials:

. When existing historic bridges are of acceptable structural capacity and meet minimum dimensional criteria, the retrofitting of historical bridges should be considered. Where bridges do not meet these requirements, consideration should be given to use as a single lane of the Principal Arterial accompanied by a new bridge serving opposing traffic.

. When existing historic bridges are structurally deficient, and replacement the only solution, new bridge and approach designs should consider aesthetic treatments consistent with the historical context.

. The inclusion of historic design features which will enhance integration of the design into the historical setting.

3.15.3 Natural Resources

Principal Arterial construction projects should be designed to avoid natural resources wherever possible. This may be in the form of avoiding the disturbance of specific sites or areas where the presence of the road conflicts with important natural resources. Where avoidance proves unfeasible, every effort should be made to minimize impacts or pursue mitigation strategies and design enhancements to enable the maximum integration of the Principal Arterial with the natural landscape.

All Principal Arterial projects should consider the presence of environmental resources in project planning, design and construction. The following resources are protected by State and Federal law:

. Wetlands, lakes, rivers, streams and their shorelines

. Water supplies

. Groundwater protection areas

. Watershed protection areas

. Agricultural districts and farmland

. Floodplains/ways

. Critical wildlife habitat and natural areas

. Rare and endangered species

. Designated "Wild and Scenic Rivers"

. Local Conservation districts or zones

. State and Federal forests and wildlife management areas

. Outstanding Resource Waters

3.15.4 Recreational Resources

Principal Arterial projects should be designed to avoid public recreational facilities wherever possible. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Principal Arterials with the landscape. Examples of Recreational Resources are:

. Federally owned, funded, or managed property

. State owned, funded or managed property

. Locally owned parks and recreational areas

. Privately owned recreational facilities open to the public

. Trails and Greenways

3.15.5 Scenic Roads or Views Considerations

All Principal Arterial projects should consider scenic and aesthetic issues for projects that possess scenic qualities. Assessment of scenic qualities should be completed in the Project Development Process. This includes, but is not limited to "Designated Scenic Roads" or "Scenic Byways" as well as other roads with scenic attributes. Techniques for preservation of scenic resources should be employed for scenic resources seen from the road, as well as views of the road from surrounding areas. The following techniques should be considered where scenic issues in a Principal Arterial project are identified:

. Extension of sideslope grading to round-out cut and fill slopes

. Tree removal or trimming to preserve or enhance views. Selected use of guard rail to allow retention of significant tree groupings and to allow for mitigation and enhancement landscaping within the clear zone.

. Vegetation management in areas where preservation of existing trees serves to provide a visual buffer, frame views, or provide other visual context for the roadway.

. Scenic turnouts should be considered and provided, where demand is apparent.

. Sculpted ledge to afford natural-like clefts and appearance.

. Treatment of bridges, abutments, retaining walls should de-emphasize structures where prominent long views and vistas are present.

. Consider appropriate sign size and placement to prevent blocking of views and to minimize clutter.

3.15.6 Village or City Entrance Considerations

Many of the Principal Arterials in Vermont enter and pass directly through towns, villages or cities. These Standards are specifically designed to allow greater flexibility and reduce the conflict with the small scale of many of the affected communities along Principal Arterials. The following additional guidelines may be appropriate at such locations:

. Strategies for speed management of through vehicles entering towns, villages and cities should be employed through roadway design, signage and other corridor treatments.

. Use landscaping and other streetscape elements to facilitate the definition of intersections with other local and lower classification roads and to define public spaces adjacent to Principal Arterial corridors. Enhancing the corridor landscape in town and city centers will assist in achieving balance between the presence of the road and preserving the town character.

. Roadway lighting of an appropriate design: luminaire scale should be reduced to urban-pedestrian scale.

. Aesthetic treatment of bridges, abutments, and retaining walls to emphasize community gateways, achieved through prominent "architectural" features and native materials.

3.15.7 Economic Vitality Considerations

Creative design should integrate economic issues where transportation needs of people, goods and services are significant, and where design of the roadway may affect the vitality of a downtown, commercial or industrial area. In these cases, the following additional guidelines may be appropriate:

. Use appropriate turning radii for large commercial vehicles at appropriate intersections.

. Use lane widths wider than recommended minimums when necessary to accommodate commercial vehicles or anticipated increased traffic volumes.

. Consider truck routes to avoid impacts on downtowns, neighborhoods, and historic districts.

. Retain existing parking, including angle parking, and/or provide additional parking in commercial areas.

. Consider landscaping, lighting, and aesthetic treatments that complement and enhance the commercial identity of a downtown, historic district, shopping district, or recreational area.

. Use appropriate designs for pedestrian and bicycle needs to enhance the vitality of village and urban areas.

. Consider the needs of public transit and intermodal connections, such as bus stops, transfer locations, and park-and-ride lots.

4.0 MINOR ARTERIAL ROADS AND STREETS

4.1 BASIC GEOMETRIC STANDARDS

Design criteria for Minor Arterial roads and streets are summarized below. Other AASHTO design criteria, as presented in the 1990 "Policy on Geometric Design of Highways and Streets" are also applicable where they do not conflict with these standards.

4.2 LEVEL OF SERVICE

Rural Minor Arterials will be designed for a level of service C or better.

Minor Arterials in urban or village areas will generally be designed for a level of service C or better. However, in heavily developed urban areas, reduced level of service criteria such as D or E may be appropriate as judged on a case by case basis. Reference is made in this regard to the VAOT July 25, 1996 Highway Design Level of Service Policy.

4.3 DESIGN SPEED

Rural Minor Arterials are normally designed for speeds of 35 to 55 mph depending on terrain, driver expectancy and other characteristics. When a design speed lower than 35 mph is required, refer to Chapters II, III and IV of the 1990 AASHTO Policy for design features.

Minor Arterials in urban or village areas are normally designed for speeds of 30 to 55 mph, and occasionally may be as low as 25 mph.

For rural, village and urban Minor Arterials, the design speed will normally be equal to the anticipated posted speed. However, lower design and posted speeds may be considered in certain circumstances, such as:

. To avoid and/or minimize impacts to historical, architectural, scenic, natural or other resources.

. To avoid excessive costs of construction.

. To better comply with a town or regional plan.

Design speeds may be lower than legal speeds. Design speeds as much as 10 miles per hour lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

4.4 SIGHT DISTANCE

4.4.1 Stopping Sight Distance

Minimum stopping sight distances on rural and urban Minor Arterials will adhere to the values in Table 4.1.

| Table 4.1 | | | | | --- | --- | --- | --- | | Minimum Stopping Sight Distance | | | | | For Minor Arterials (Wet Pavements) | | | | | Rehabilitation, Reconstruction or New Construction | | | | | Design Speed (mph) | Stopping Sight Distance (ft) | K Value for Crest Vertical Curve | K Value for Sag Vertical | | 25 | 150 | 20 | 30 | | 30 | 200 | 30 | 40 | | 35 | 225-250 | 40-50 | 50 | | 40 | 275-325 | 60-80 | 60-70 | | 45 | 325-400 | 80-120 | 70-90 | | 50 | 400-475 | 110-160 | 90-110 | | 55 | 450-550 | 150-220 | 100-130 |

Note: Values at the high end of the range should be used for new construction projects on new location.

4.4.2 Corner Sight Distance

Corner sight distances for rural and urban minor arterials will meet the minimum requirements of Table 4.2.

| Table 4.2 | | | --- | --- | | Minimum Corner Sight Distances (a) | | | For Minor Arterials | | | Design Speed on | Corner Sight | | Main Road (mph) | Distance (ft) | | 25 | 275 | | 30 | 330 | | 35 | 385 | | 40 | 440 | | 45 | 495 | | 50 | 550 | | 55 | 605 |

(a) Corner sight distance is measured from a point on the intersecting road or driveway, at least 15 feet from the edge of traveled way on the main road.

4.5 LANE AND SHOULDER WIDTHS FOR URBAN AND VILLAGE MINOR ARTERIALS

Due to the large variations in urban and village settings, no table of values has been given, however, the following guidelines will apply. On urban and village Minor Arterials, lane widths may vary from 10 to 12 feet, and there should be appropriate offsets to curb. The 10-foot widths are appropriate in highly restricted areas having little or no truck traffic. The 11-foot lanes are used extensively for urban and village Minor Arterial street designs. The 12-foot lane widths are generally used on all higher speed, free-flowing principal Minor Arterials. Under interrupted-flow conditions at low speeds up to 45 mph, the narrower lane widths are normally adequate and have some advantages. Reduced lane widths allow a greater number of lanes in restricted right-of-way areas and facilitate pedestrian crossings because of reduced distance. They are also more economical to construct. An 11-foot lane width is adequate for through lanes, continuous two-way left-turn lanes and a lane adjacent to a painted median. A 10-foot left-turn lane, or a combination lane used for parking, with traffic during peak hours, is also acceptable.

Lane and shoulder widths within historic districts should be compatible with the historic character of the district.

Shoulders are desirable on urban and village Minor Arterials, and should be provided where feasible to facilitate maneuvering, space for immobilized vehicles, safety for the pedestrian in areas where sidewalks are not provided, safe accommodation of bicycles, speed-change lanes for vehicles turning into driveways, and storage space for plowed snow. Despite these advantages, the width of shoulders in urban and village areas may be restricted because of available right-of-way, adjacent development and other constraints.

Where shoulders are provided to accommodate disabled vehicles, they must be at least 6 feet wide. Parking lanes require approximately 7 feet of actual street space. The desirable minimum width is 8 feet, however, to provide better clearance and the potential to use the parking lane as a travel lane during peak periods a parking lane width of 10 to 12 feet is desirable.

As an absolute minimum, where no bicycles are to be accommodated, a 2-foot offset to vertical curb should be provided, and a 1-foot offset to sloped curb. In all cases, drainage grates and drop inlets should be designed so that they do not project into a travel lane. Drainage grates should always be bicycle-safe in design.

4.6 LANE AND SHOULDER WIDTHS ON RURAL MINOR ARTERIALS

Lane and shoulder widths on rural Minor Arterials will adhere to values in Table 4.3. Note that the shoulder widths in this table are considered necessary for adequate safety and service for this class of highway, and may exceed the minimum paved widths needed solely to provide bicycle safety. The required shoulder width beyond that needed to adequately accommodate bicycles as defined in Section 4.14 need not be paved.

| Table 4.3 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of Lanes and Shoulders for Two Lane Rural Minor Arterials | | | | | | Projected Design | ADT | ADT | DHV | DHV | | Traffic Volume | 0-1500 | 1500-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Lane/Shoulder (ft) | | | | | 35 | 11/3 | 11/3 | 11/4 | 11/5 | | 40 | 11/4 | 11/4 | 11/4 | 11/5 | | 45 | 11/4 | 11/4 | 11/4 | 11/5 | | 50 | 11/4 | 11/4 | 11/4 | 11/5 | | 55 | 11/4 | 11/4 | 11/5 | 12/5 (a) |

(a) Width of lane may remain at 11 ft on reconstructed highways where alignment and safety records are satisfactory.

Lane and shoulder widths within historic districts should be compatible with the historic character of the district.

4.7 BRIDGE WIDTHS AND STRUCTURAL CAPACITIES

State policy favors the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the agency shall weight the following factors:

1. the functional classification of the highway;

2. the load capacity and geometric constraints of the bridge and the availability of alternative routes;

3. the comparative long-term costs, risks, and benefits of rehabilitation and new construction;

4. the requirements of state standards for geometric design;

5. disruption to homes and businesses;

6. environmental impacts;

7. the potential effects of the local and state economies;

8. cost-effectiveness;

9. mobility, including bicycles and pedestrians;

10. safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

11. local or regional plans as interpreted by the adopting entity, and state agency plans;

12. the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and

13. if it is a forest highway under federal jurisdiction.

State policy for the reconstruction of bridges on Minor Arterials favors preservation within existing footprints, in order to ensure compatibility with the Vermont setting and to reduce costs and environmental impacts. Where reconstruction within the existing footprint is not feasible, the full width of approach roadways as shown in Table 4.3 should be provided across all new bridges on rural Minor Arterials, and the same curb-to-curb width as the street across all new and replacement bridges on urban and village Minor Arterials. New bridges should be designed to HS-25 loading capacity.

With regard to a bridge located on a municipal highway, a municipality may request the agency to adhere to one or more of the following guidelines:

1. where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

2. unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

3. in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge's historic character, to the extent feasible.

Historic bridges in urban, village, or rural historic districts or those in scenic corridors should be considered for design exceptions so that they may remain in place on minor arterials and be considered for future rehabilitation rather than replacement.

4.8 VERTICAL CLEARANCE

New or reconstructed structures should provide at least 14 feet of vertical clearance over the entire roadway width, including shoulders plus and additional clearance of 3 inches for future resurfacing of the under passing road.

Structures over railroads should provide a minimum vertical clearance of 23 feet over both rails, unless otherwise provided in a variance agreement entered into by the VAOT, the railroad and any affected municipality, and approved by the Transportation Board in accordance with 5 VSA, Section 3670. Where "double-stacks" are to be accommodated on the railroad, an absolute minimum vertical clearance of 20.75 feet will be required.

Bridges over rivers and other bodies of water will, where practicable, be designed to pass the 50-year frequency flood with a minimum clearance of 1 foot between the water surface elevation and the low chord of the bridge. In addition, overtopping of the road should not be permitted during the 50-year flood. Consideration shall also be given to the potential effects of the 100-year flood on upstream and downstream property, the environment, hazards to human life and floodplain management criteria.

4.9 HORIZONTAL CLEARANCE

A clear unobstructed roadside is highly desirable for motorist safety along rural minor arterials. Clear zone distances for new construction and reconstruction projects on rural minor arterials will normally be based on the values shown in Table 4.4.

| Table 4.4 | | | | | | | --- | --- | --- | --- | --- | --- | | Minimum Clear Zone Distances (in feet from edge of traveled lane) | | | | | | | For Rural Minor Arterials | | | | | | | Design Speed (mph) | Design ADT (VPD) | Fill Slopes | Cut Slopes | | | | 1:4 or flatter | 1:3 | 1:3 | 1:4 or flatter | | | | Under 750 | 7 | * | 7 | 7 | | | 45 or | 750-1500 | 12 | * | 10 | 10 | | less | 1500-6000 | 14 | * | 12 | 12 | | Over 6000 | 16 | * | 14 | 14 | | | Under 750 | 12 | * | 8 | 8 | | | 50 | 750-1500 | 16 | * | 10 | 12 | | 1500-6000 | 20 | * | 12 | 14 | | | Over 6000 | 24 | * | 14 | 18 | | | Under 750 | 14 | * | 8 | 10 | | | 55 | 750-1500 | 20 | * | 10 | 14 | | 1500-6000 | 24 | * | 14 | 16 | | | Over 6000 | 26 | * | 16 | 20 | |

• Since recovery is less likely on the unshielded, traversable 1:3 slopes, fixed objects should not be present in the vicinity of the toe of these slopes. Recovery of high speed vehicles that encroach beyond the edge of the shoulder may be expected to occur beyond the toe of the slope. Determination of the width of the recovery area at the toe of the slope should take into consideration right-of-way availability, environmental concerns, economic factors, safety needs, and accident histories.

Notes:

1. Selection of a clear zone may or may not provide adequate sight distance. In those cases where inadequate sight distance results, the designer should specify the need for a sight easement, or otherwise adjust the design to provide needed sight lines.

2. In cut areas without guard rail, it is recommended that the clear zone extend to the back of ditch. This may be wider than the typical clear zone width for the project. The placement of poles or other non-crashworthy features in the ditch is not desirable, as errant vehicles are likely to travel to the bottom of the ditch.

3. The designer may choose to increase the clear zone width on the outside of horizontal curves where accident histories indicate a need, or where specific site investigation shows a definitive accident potential. This may be cost effective where increased banking or other accident countermeasures are not feasible.

Despite the recommendations of Table 4.4, clear zones as narrow as 10 feet may be used on rural minor arterials, without design exception, where necessary to avoid or minimize disturbance of significant historic, archaeological, scenic, natural or other resources. In addition, on low speed (45 mph or less) rural minor arterials, clear zones may be limited to 10 feet, irrespective of the recommendations of Table 4.4.

On uncurbed urban and village minor arterials, clear zones will be the same as for rural areas.

On curbed minor arterial urban and village streets, a 1.5 foot horizontal offset to obstructions from face of curb should be provided. This dimension should be increased to 3 feet near turning radii at intersections with side roads and driveways.

4.10 ALIGNMENT

Horizontal curvature will normally be designed in accordance with recommended AASHTO values for the design speed. However, curves up to 10 mph below the stated design speed may be used, without design exception, where necessary to avoid and/or minimize disturbance of historic, archaeological, scenic, natural or other resources. In addition, horizontal curves within 750 feet of a stop sign may be designed up to 15 mph below the stated design speed without design exception. When curvature sharper than the AASHTO recommended values is used, a post-construction test of those curves will be conducted, and advisory speeds will be posted where appropriate.

4.11 GRADES

Maximum grades on rural and urban Minor Arterials will adhere to the values shown in Tables 4.5 and 4.6. In curbed areas of village and urban streets and on all bridges, grades less than 1 percent should be avoided where possible to promote efficient runoff of storm water.

| Table 4.5 | | | | | --- | --- | --- | --- | | Maximum Grades for Rural Minor Arterials | | | | | Design Speed (mph) | | | | | 35 | 40-45 | 50-55 | | | Type of Terrain | Maximum Grade (percent) | | | | Level | 6 | 5 | 4 | | Rolling | 7 | 6 | 5 | | Mountainous | 9 | 8 | 7 |

| Table 4.6 | | | | | | --- | --- | --- | --- | --- | | Maximum Grades for Urban and Village Minor Arterials | | | | | | Design Speed (mph) | | | | | | 25 | 30-35 | 40-45 | 50-55 | | | Type of Terrain | Maximum Grade (percent) | | | | | Level | 9 | 8 | 7 | 6 | | Rolling | 10 | 9 | 8 | 7 | | Mountainous | 12 | 11 | 10 | 9 |

4.12 CROSS-SLOPE

Two-lane pavements are normally designed with a centerline crown and a parabolic surface with an average cross slope of 2 percent. When drainage is carried across adjacent lanes, the cross slope may be increased from one lane to another. Refer to the VAOT design manual for cross-slope design in various situations.

4.13 SUPERELEVATION

When the use of curves is required on a rural Minor Arterial alignment, a superelevation rate compatible with the design speed must be used. Superelevation of curves on rural Minor Arterials should not exceed 8 percent. Where a side road intersects on the outside of a main road curve, superelevation of the main road curve should be limited to 6 percent or less to prevent operational difficulties for vehicles entering the main road under snowy or icy conditions.

Superelevation is generally not used on low-speed (45 mph or less) curbed urban and village streets. This is to avoid problems with such items as drainage, ice formation, driveways, pedestrian crossings and developed property. Refer to the 1990 AASHTO Policy, Chapter III, for a detailed discussion of design for low-speed urban streets.

4.14 BICYCLE AND PEDESTRIAN CONSIDERATIONS

Bicycles and pedestrian traffic may be expected along the sides of most Minor Arterial roads and streets, except those which are designed and posted as limited access facilities. Where bicycles and pedestrians are allowed by law, the roadway should be designed and constructed under the assumption that it will be used by bicyclists and pedestrians. Bicycles require a paved surface; pedestrians, however, may often be adequately accommodated on unpaved roadway shoulders.

In recent decades, highways were not always designed with bicycle and pedestrian travel in mind. There are many ways in which roadway corridors should be improved to more safely accomodate bicycle and pedestrian traffic. Bicycle accommodation within the highway corridor may take four forms:

(1) shared use of the highway by bicycles and motor vehicles,

(2) designated bicycle route,

(3) designated bicycle lane, or

(4) a separated bicycle path. Many of the tools listed in section 4.15.1 provide roadways which are safer for bicyclists and pedestrians.

4.14.1 Shared Use of the Highway by Bicycles

Adequate accommodation of bicycles in rural areas is usually provided by paved shoulders designed to the widths shown in section 4.6 above. However, where shoulder width is less than those values, where shoulder paving must be minimized and in urban or village areas, Tables 4.7, 4.8 and 4.9 provide additional guidance in the selection of appropriate widths of paved areas to safely accommodate bicycles and motor vehicles on the same facility. Note that additional width may be desirable in very high traffic areas or where sight distance is restricted.

| Table 4.7 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of Paved Shoulder to Accommodate Shared Use | | | | | | of Rural Minor Arterial Roadways by Bicycles | | | | | | Projected Design | ADT | ADT | DHV | DHV | | Traffic Volume | 0-1500 | 1500-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) | | | | | 35 | 2 | 2 | 2 | 3 | | 40 | 2 | 2 | 3 | 3 | | 45 | 2 | 3 | 3 | 3 | | 50 | 3 | 4 | 4 | 4 | | 55 | 3 | 4 | 4 | 4 |

(a) Add 1 foot on bridges or where % trucks >10%.

| Table 4.8 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of Paved Shoulders to Accommodate | | | | | | Shared Use of Urban or Village Minor Arterial | | | | | | Streets With Curbing by Bicycles | | | | | | Projected Design Traffic | ADT | ADT | DHV | DHV | | Volume | 0-1500 | 1500-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Paved | | | | | Shoulder (ft) <(a) (b) (c)> | | | | | | 25 | 2 | 2 | 2 | 3 | | 30 | 2 | 2 | 3 | 4 | | 35 | 2 | 3 | 3 | 4 | | 40 | 2 | 3 | 4 | 4 | | 45 | 3 | 4 | 4 | 4 | | 50 | 4 | 4 | 4 | 4 | | 55 | 4 | 4 | 4 | 4 |

(a) Width may be reduced by 1 foot in uncurbed areas.

(b) These recommendations are for areas where there is no adjacent on-street parking. Where parking exists, special consideration must be given to achieve safe accommodation for bicyclists.

(c) For cases where shoulder width adjacent to curb is less than 5 feet, recessed drainage inlets or curb inlets should be used.

In lieu of a paved shoulder, it is permissible to use a shared-use curb lane of at least the width shown in Table 4.9. When a shared-use lane is employed, a white edge line should be placed within 1 foot of the face of curb to discourage parking. For all shared-use curb lanes, recessed drainage inlets or curb inlets should be used.

| Table 4.9 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of a Shared Use Curb Lane to | | | | | | Accommodate Shared Use of Urban or Village | | | | | | Minor Arterial Streets by Bicycles | | | | | | Projected Design Traffic | ADT | ADT | DHV | DHV | | Volume | 0-1500 | 1500-2000 | 200-400 | Over 400 | | Design Speed (mph) | Width of Shared-Use Curb Lane (ft) | | | | | 25-30 | 12 | 12 | 13 | 13 | | 35 | 12 | 13 | 13 | 13 | | 40 | 13 | 13 | 14 | 14 | | 45 | 13 | 14 | 14 | 14 | | 50 | 14 | 14 | 14 | 14 | | 55 | NR | NR | NR | NR |

NR = Not Recommended

4.14.2 Bicycles on Bridges

Wherever bicycles are to be accommodated on newly constructed bridges, shoulders and paved areas with a minimum dimension as shown in Tables 4.7, 4.8 and 4.9 should be provided between the parapet, rail or barrier and the edge of the nearest travel lane.

4.14.3 Designated Bicycle Routes and Lanes

Designated bicycle routes or lanes may be appropriate along some Minor Arterial highways. Because designated routes and lanes will attract bicyclists encompassing a wide range of abilities, special care must be taken to ensure adequate width. Principal concerns for designated bicycle routes and lanes are rider safety and comfort. Because of these concerns, some high speed and/or high volume arterial routes may not be appropriate for designated routes and lanes. In such cases, alternate routes or separate paths for bicycles may be desirable.

4.14.4 Pedestrian Facilities

Adequate accommodation of pedestrians must be designed for all roadway projects. Depending on the locality and expected frequency of pedestrians, adequate accommodation may range from a graded space alongside a rural road to a sidewalk in a village or city. Projects in urban or village areas shall include consideration of sidewalks and crossing locations. In addition, at the request of a municipality, sidewalks should be considered in other areas of expected pedestrian use such as near schools and recreation areas.

Where pedestrians are accommodated on sidewalks, the design must observe, to the extent possible, current Americans with Disabilities Act Accessibility Guidelines (ADAAG). These guidelines establish acceptable grades, cross-slopes, widths, ramps, surface textures and other facets of pedestrian facility design.

Pedestrian accommodation on combined bicycle/pedestrian paths must also respect the ADAAG to the extent feasible.

Pedestrian accommodation along the shoulders of roadways do not need to comply with ADAAG. However, to the extent that those guidelines can reasonably be achieved, the designer is urged to do so.

4.15 SPECIAL DESIGN GUIDELINES

These Special Design Guidelines are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. These Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under this Functional Classification there are guidelines for:

• Historic/Archaeological Resources

• Natural Resources

• Recreational Resources

• Scenic Resources

• Village or City Entrance Considerations

• Economic Vitality Considerations

When such resources are present within a project site and the use of the tools suggested do not provide an adequate protection of the resources then the design may be eligible for reductions in geometric values. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

The primary strategy for Minor Arterial projects on new alignment should be to use alternative roadway alignments to avoid the impact on the resource. When the project must remain on existing alignment such as a major roadway reconstruction, "Preservation" or "3R" project, bridge repair or replacement, design solutions should be pursued that minimize the extent of the impact. Reduction in the size/area of impact, and the utilization of creative design and engineering solutions should be pursued. major tools to be used include the alteration of the proposed cross section and the reduction of design speed within sensitive resource areas. Other strategies are described as "common tools" in the following subsection.

4.15.1 Common Tools

• Alignment modification including: adjustment of horizontal and vertical curves to avoid sensitive areas and to fit with topographical features and to protect scenic and visual quality

• Reduction in posted speed

• Reduction/minimization of lane and shoulder widths

• Reduction/minimization of clear zones

• Sharpening of horizontal curves with advisory speed postings

• Alterations to typical cross sections including:

• Roadside ditches shallower than normal

• Sideslopes steeper than normal (in combination with additional guardrail)

• Use of curb and closed drainage systems, elimination of roadside ditching

• Retaining walls

• Wetland and wetland buffer restoration/creation

• Wildlife habitat restoration/creation

• Water quality/streambank, stream buffer, lake buffer creation, restoration, and enhancement

• On and Off - site mitigation

• View/scenic enhancement through vegetation management and grading of sideslopes

• Selection of appropriate guard rail or other roadside barriers to accomplish visibility through to views or to blend in with foreground views

• Use of guard rail to allow steeper than 1:4 graded slopes, retaining walls or cribbing

• Use of guard rail to allow preservation of significant features including native and planted vegetation

• Use of grade separation/bridging/elevated structures etc.

• Separation of vehicular/pedestrian facilities

• Fencing or landscaping for screening or earth berm buffers

• Retrofitting of historical bridges for alternative uses off-site

• Integration of historical features in interpretive facilities, overlooks, etc.

• Light poles and fixtures with downshielded luminaires

• Architectural/Landscape design:

• street trees

• use of native materials

• use of architectural design details

• pedestrian facilities

• signage

• historical design elements

4.15.2 Historic/Archaeological Considerations

Minor Arterial construction projects should be designed to avoid historic or archaeological resources wherever possible. This may be in the form of avoiding the disturbance of specific sites and structures as well as historic districts or areas where the presence of the road is disturbing to the historic environment. Many Arterial Roads pass through city, town, and village centers and designers must contend with environmental constraints to fit roadways within historic environments.

Where Minor Arterials pass through historic town centers these standards allow for reduction in lane and shoulder widths as appropriate to avoid the imposition of wide road sections through historically sensitive areas and to preserve, in most cases, the character of the community. Additionally, speed management strategies should be considered to allow the community street networks to safely function with the Minor Arterial system.

Providing curbs along Minor Arterials in historic centers will allow both improved pedestrian safety as well as a reduction in clear zone requirements. Street trees and other urban streetscape elements are essential parts of these roads. Every effort should be made using design enhancements, to integrate the Minor Arterial with the local historic environment.

4.15.3 Natural Resources

Minor Arterial construction projects should be designed to avoid natural resources wherever possible. This may be in the form of avoiding disturbance of specific sites or areas where the presence of a road conflicts with the natural ecosystem. Where avoidance proves unfeasible, every effort should be made to minimize impacts and pursue mitigation strategies and design enhancements to enable maximum integration of the Minor Arterial with the natural landscape.

All Minor Arterial projects should consider the presence of environmental resources in project planning, design and construction. The following resources are protected by Federal law:

• Wetlands, lakes, rivers and streams and their shorelines

• Water supplies

• Groundwater protection areas

• Watershed protection areas

• Agricultural districts and farmland

• Floodplains/ways

• Critical wildlife habitat and natural areas

• Rare and endangered species

• Designated "Wild and Scenic Rivers"

• Local Conservation districts or zones

• State and Federal forests and wildlife management areas

*Outstanding Resource Waters

4.15.4 Recreational Resources

Minor Arterial projects should be designed to avoid public recreational facilities wherever possible. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Minor Arterials with the resource. Examples of Recreational Resources include:

• Federally owned, funded, or managed property

• State owned, funded, or managed property

• Locally owned parks and recreational areas

• Privately owned recreational facilities open to the public

• Trails and Greenways

4.15.5 Scenic Roads or Views Considerations

Minor Arterial projects should consider scenic and aesthetic issues for projects that possess scenic qualities. Assessment of scenic qualities should be completed in the Project Development Process. This includes, but is not limited to "Designated Scenic Roads" or "Scenic Byways" as well as other roads with scenic attributes. Techniques for preservation of scenic resources should be employed for views seen from the road, as well as views of the road from surrounding areas. Given that many of the State's Minor Arterials are tourism routes as well as transportation routes, integrating roadway design with visual and safety issues is very important. Additionally, some of these roads travel through dramatic landscapes where dominance of the road could negatively impact scenic values. The following additional techniques should be considered where scenic views from the highway are identified:

• Selection of guard rail type, where required, should be determined based upon visual assessment and the need for visibility through the guard rail vs. blending of the guard rail with the foreground.

• Tree removal or trimming to preserve or enhance views.

• Vegetation management in areas where preservation of existing trees serves to provide visual buffer, frame views, or provide other visual context for the roadway.

• Scenic turnouts where demand is apparent.

• Sculpted ledge to afford natural-like clefts and appearance.

• Treatment of bridges, abutments, and retaining walls should de-emphasize structures where prominent long views and vistas are present.

• Consider appropriate sign size and placement to prevent blocking of views and to minimize clutter.

• Preservation of historic stone walls and treelines.

4.15.6 Village or City Entrance Considerations

Many of the Minor Arterials in Vermont enter and pass directly through towns, villages or cities. These standards are specifically designed to allow greater flexibility and reduce the conflict with the small scale of many of the affected communities along Minor Arterials. The following guidelines may be appropriate at such locations:

• Strategies for speed management of through vehicles entering towns, villages and cities should be employed through roadway design, signage and other corridor treatments.

• Use landscaping and other streetscape elements to facilitate the definition of intersections with other local and lower classification roads and to define public spaces adjacent to Minor Arterial corridors. Enhancing the corridor landscape in town and city centers will assist in achieving balance between the presence of the road and preserving town character.

• Roadway lighting of an appropriate design: luminaire scale should be reduced to urban-pedestrian scale.

• Aesthetic treatment of bridges, abutments, and retaining walls to emphasize gateways to community entrances and prominent features with "architectural" features and native materials.

4.15.7 Economic Vitality Considerations

Creative design should integrate economic issues where transportation needs of people, goods and services are significant, and where design of the roadway may affect the vitality of a downtown, commercial or industrial area. In these cases, the following additional guidelines may be appropriate:

• Use appropriate turning radii for large commercial vehicles at appropriate intersections.

• Use lane widths wider than recommended minimums when necessary to accommodate commercial vehicles or anticipated increased traffic volumes.

• Consider truck routes to avoid impacts on downtowns, neighborhoods, and historic districts.

• Retain existing parking, including angle parking, and/or provide additional parking in commercial areas.

• Consider landscaping, lighting, and aesthetic treatments that complement and enhance the commercial identity of a downtown, historic district, shopping district, or recreational area.

• Use appropriate designs for pedestrian and bicycle needs to enhance the vitality of village and urban areas.

• Consider the needs of public transit and intermodal connections, such as bus stops, transfer locations, and park-and-ride lots.

5.0 COLLECTOR ROADS AND STREETS

5.1 BASIC GEOMETRIC STANDARDS

Design criteria for rural, urban and village Collectors are summarized below. Other AASHTO design criteria, as presented in the 1990 "Policy on Geometric Design of Highways and Streets" are also applicable where they do not conflict with these Standards.

5.2 LEVEL OF SERVICE

Rural Collector roads should be designed for a level of service C or better. However, level of service D is acceptable, where unusually high traffic volumes exist or where terrain is rolling or mountainous.

Collectors in urban or village areas will generally be designed for a level of service D or better. However, in heavily developed village or urban areas, level of service E may be appropriate as judged on a case by case basis. Reference is made in this regard to the VAOT July 25, 1996 Highway Design Level of Service Policy.

5.3 DESIGN SPEED

Rural Collectors are normally designed for speeds of 25 to 50 mph depending on terrain, driver expectancy and other characteristics.

Collectors in urban or village areas are normally designed for speeds of 25 to 50 mph

For rural, village, and urban Collectors, the design speed will normally be equal to the anticipated posted speed. However, lower design and posted speeds may be considered in certain circumstances:

• To avoid and/or minimize impacts to historical, architectural, scenic, natural or other resources.

• To avoid excessive costs of construction.

• To better comply with a town or regional plan.

Design speeds may be lower than legal speeds. Design speeds as much as 10 miles per hour lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

5.4 SIGHT DISTANCE

5.4.1 Stopping Sight Distance

Minimum stopping sight distances on rural and urban Collectors will adhere to the values in Table 5.1

| Table 5.1 | | | | | --- | --- | --- | --- | | Minimum Stopping Sight Distance For Collectors (Wet Pavements) | | | | | Rehabilitation, Reconstruction or New Construction | | | | | Design Speed (mph) | Stopping Sight Distance (ft) | K Value for Crest Vertical Curve | K Value for Sag Vertical Curve | | 25 | 150 | 20 | 30 | | 30 | 200 | 30 | 40 | | 35 | 225 | 40 | 50 | | 40 | 275 | 60 | 60 | | 45 | 325 | 80 | 70 | | 50 | 400 | 110 | 90 |

5.4.2 Corner Sight Distance

Corner sight distances for rural and urban collectors will meet the minimum requirements of Table 5.2.

| Table 5.2 | | | --- | --- | | Minimum Corner Sight Distances (a) | | | For Collectors | | | Design Speed on Main Road (mph) | Corner Sight Distance (ft) | | 25 | 275 | | 30 | 330 | | 35 | 385 | | 40 | 440 | | 45 | 495 | | 50 | 550 | | 55 | 605 |

(a) Corner sight distance is measured from a point on the intersecting road or driveway, at least 15 feet from the edge of traveled way on the main road.

5.5 LANE AND SHOULDER WIDTHS FOR URBAN COLLECTORS

On urban and village Collectors, lane widths may vary from 9 to 11 feet, and there should be appropriate offsets to curb. The 9-foot widths are appropriate in highly restricted areas having little or no truck traffic. The 11-foot lane widths are generally used on all higher speed, free-flowing Collectors.

Lane and shoulder widths within Historic Districts should be compatible with the historic character of the District.

Shoulders are desirable on urban and village Collectors, and should be provided where feasible to facilitate maneuvering space for immobilized vehicles, safety for the pedestrian in areas where sidewalks are not provided, safe accommodation of bicycles, speed-change lanes for vehicles turning into driveways, and storage space for plowed snow. Despite these advantages, the width of shoulders in urban and village areas may be restricted because of available right-of-way, adjacent development and other constraints.

Where needed in residential areas, a parallel parking lane of 7 feet may be used. In commercial and industrial areas the desirable parking lane width is 8 feet. Curb offsets are not included in the minimum width of parking lanes noted here. 9 to 11 foot parking lanes should be used when the use of the parking lane during peak periods for through traffic is necessary.

As an absolute minimum, a 2-foot offset to vertical curb should be provided, and a 1-foot offset to sloped curb. In all cases, drainage grates and drop inlets should be designed so that they do not project into a travel lane. Drainage grates should always be bicycle-safe in design.

5.6 LANE AND SHOULDER WIDTHS ON RURAL COLLECTORS

Lane and shoulder widths on rural Collectors will adhere to values in Table 5.3. Note that the shoulder widths in this table are considered necessary for adequate safety and service for this class of highway, and may exceed the minimum paved widths needed solely to provide bicycle safety. The required shoulder width beyond that needed to adequately accommodate bicycles as defined in Section 5.14 need not be paved.

| Table 5.3 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of Lanes and Shoulders | | | | | | for Two Lane Rural Collectors | | | | | | Projected Design | ADT | ADT | ADT | ADT | | Traffic Volume | 0-400 | 400-1500 | 1500-2000 | Over 2000 | | Design Speed (mph) | Width of Lane/Shoulder (ft) | | | | | 25 | 9/2 | 9/2 | 10/3 | 11/3 | | 30 | 9/2 | 9/2 | 10/3 | 11/3 | | 35 | 9/2 | 9/2 | 10/3 | 11/3 | | 40 | 9/2 | 9/2 | 10/3 | 11/3 | | 45 | 9/2 | 9/2 | 10/3 | 11/3 | | 50 | 9/2 | 10/2 | 10/3 | 11/3 |

5.7 BRIDGE WIDTHS AND STRUCTURAL CAPACITIES

State policy favors the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the agency shall weigh the following factors:

1. the functional classification of the highway;

2. the load capacity and geometric constraints of the bridge and the availability of alternative routes;

3. the comparative long-term costs, risks, and benefits of rehabilitation and new construction;

4. the requirements of state standards for geometric design;

5. disruption to homes and businesses;

6. environmental impacts;

7. the potential effects of the local and state economies;

8. cost-effectiveness;

9. mobility, including bicycles and pedestrians;

10. safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

11. local or regional plans as interpreted by the adopting entity, and state agency plans;

12. the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and

13. if it is a forest highway under federal jurisdiction.

State policy for the reconstruction of bridges on Collectors favors preservation within existing footprints, in order to ensure compatibility with the Vermont setting and to reduce costs and environmental impacts. Where reconstruction within the existing footprint is not feasible, the full width of approach roadways as shown in Table 5.3 should be provided across all new bridges on rural Collectors, and the same curb-to-curb width as the street across all new and replacement bridges on urban and village Collectors. New bridges should be designed to HS-25 loading capacity.

With regard to a bridge located on a municipal highway, a municipality may request the agency to adhere to one or more of the following guidelines:

1. where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

2. unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

3. in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge's historic character, to the extent feasible.

Historic bridges may be rehabilitated for continued use on collectors if they can be rehabilitated to have a roadway clear width of at least 20 feet and an HS-15 capacity. Other historic bridges may be considered for design exceptions so that they may remain in place on collectors and be considered for future rehabilitation rather than replacement.

Bridges may also be considered for continued use providing they meet the requirements of Table 5.4.

If a historic bridge can be rehabilitated or a replacement bridge is in the same location and has the same profile, a design speed need not be selected.

| Table 5.4 | | | | --- | --- | --- | | Bridges to Remain in Place on Collector Roads and Streets | | | | Current Traffic ADT | Design Loading | Roadway Clear | | Structural Capacity | Width (ft) (a) | | | 0-1500 | HS-15 | 20 | | 1500-2000 | HS-15 | 22 | | Over 2000 | HS-15 | 26 |

(a) Clear width between curbs or rails, whichever is the lesser, is considered to be at least the same as the roadway approach traveled way width.

5.8 VERTICAL CLEARANCE

New or reconstructed structures should provide at least 14 feet of vertical clearance over the entire roadway width, including shoulders plus an additional clearance of 3 inches for future resurfacing of the under passing roadway.

Structures over railroads should provide a minimum vertical clearance of 23 feet over both rails, unless otherwise provided in a variance agreement entered into by the Agency of Transportation, the railroad and any affected municipality, and approved by the Transportation Board in accordance with 5 VSA, Section 3670. Where "double-stacks" are to be accommodated on the railroad, an absolute minimum vertical clearance of 20.75 feet will be required.

On state highways and their connecting links on Class I town highways, bridges over rivers and other bodies of water should be designed to pass a 50-year frequency flood with a minimum clearance of 1 foot between the water surface elevation and the low chord of the bridge. In addition overtopping of the roadway must not be permitted during the 50-year flood. Consideration shall also be given to the potential effects of the 100-year flood on upstream property, the environment, hazards to human life and floodplain management criteria.

Other town highway bridges over rivers and other bodies of water will, where practicable, be designed to pass the 25-year frequency flood with a minimum clearance of 1 foot between the water surface elevation and the low chord of the bridge. In addition, overtopping of the road shouldshould not be permitted during the 25-year flood. Consideration shall also be given to the potential effects of the 100-year flood on upstream and downstream property, the environment, hazards to human life and floodplain management criteria.

5.9 HORIZONTAL CLEARANCE

A clear unobstructed roadside is highly desirable for motorist safety along rural collectors. Clear zone distances for new construction and reconstruction projects on rural principal arterials will normally be based on the values shown in Table 5.5.

| Table 5.5 | | | | | | | --- | --- | --- | --- | --- | --- | | Minimum Clear Zone Distances (in feet from edge of traveled lane) | | | | | | | For Rural Collectors | | | | | | | Design Speed (mph) | Design ADT (VPD) | Fill Slopes | Cut Slopes | | | | 1:4 or flatter | 1:3 | 1:3 | 1:4 or flatter | | | | Under 750 | 7 | * | 7 | 7 | | | 45 or | 750-1500 | 12 | * | 10 | 10 | | less | 1500-6000 | 14 | * | 12 | 12 | | Over 6000 | 16 | * | 14 | 14 | | | Under 750 | 12 | * | 8 | 8 | | | 750-1500 | 16 | * | 10 | 12 | | | 50 | 1500-6000 | 20 | * | 12 | 14 | | Over 6000 | 24 | * | 14 | 18 | |

• Since recovery is less likely on the unshielded, traversable 1:3 slopes, fixed objects should not be present in the vicinity of the toe of these slopes. Recovery of high speed vehicles that encroach beyond the edge of the shoulder may be expected to occur beyond the toe of the slope. Determination of the width of the recovery area at the toe of the slope should take into consideration right-of-way availability, environmental concerns, economic factors, safety needs, and accident histories.

Notes:

1. Selection of a clear zone may or may not provide adequate sight distance. In those cases where inadequate sight distance results, the designer should specify the need for a sight easement, or otherwise adjust the design to provide needed sight lines.

2. In cut areas without guard rail, it is recommended that the clear zone extend to the back of ditch. This may be wider than the typical clear zone width for the project. The placement of poles or other non-crashworthy features in the ditch is not desirable, as errant vehicles are likely to travel to the bottom of the ditch.

3. The designer may choose to increase the clear zone width on the outside of horizontal curves where accident histories indicate a need, or where specific site investigation shows a definitive accident potential. This may be cost effective where increased banking or other accident countermeasures are not feasible.

Despite the recommendations of Table 5.5, clear zones as narrow as 10 feet may be used on rural principal arterials, without design exception, where necessary to avoid or minimize disturbance of significant historic, archaeological, scenic, natural or other resources. In addition, on low speed (45 mph or less) rural collectors, clear zones may be limited to 10 feet, irrespective of the recommendations of Table 5.5.

On uncurbed urban and village collectors, clear zones will be the same as for rural areas.

On curbed collector urban and village streets, a 1.5 foot horizontal offset to obstructions from face of curb should be provided. This dimension should be increased to 3 feet near turning radii at intersections with side roads and driveways.

5.10 ALIGNMENT

Horizontal curvature will normally be designed in accordance with recommended AASHTO values for the design speed. However, curves up to 15 mph below the stated design speed may be used, without design exception, where necessary to avoid and/or minimize disturbance of historic, archaeological, scenic, natural or other resources. In addition, horizontal curves within 750 feet of a stop sign may be designed up to 15 mph below the stated design speed without design exception. When curvature sharper than the AASHTO recommended value is used, a post-construction test of those curves will be conducted, and advisory speeds will be posted where appropriate.

5.11 GRADES

Maximum grades on rural and urban Collectors will adhere to the values shown in Tables 5.6 and 5.7. In curbed areas of village and urban streets and on all bridges, grades less than 1 percent should be avoided where possible to promote efficient runoff of storm water.

| Table 5.6 | | | | | | --- | --- | --- | --- | --- | | Maximum Grades for Rural Collectors | | | | | | Design Speed (mph) | | | | | | 25 | 30-35 | 40-45 | 50 | | | Type of Terrain | Maximum Grade (percent) | | | | | Level | 7 | 7 | 7 | 6 | | Rolling | 10 | 9 | 8 | 7 | | Mountainous | 11 | 10 | 10 | 9 |

| Table 5.7 | | | | | | | --- | --- | --- | --- | --- | --- | | Maximum Grades for Urban and Village Collectors | | | | | | | Design Speed (mph) | | | | | | | 25 | 30-35 | 40 | 45 | 50 | | | Type of Terrain | Maximum Grade (percent) | | | | | | Level | 9 | 9 | 9 | 8 | 7 | | Rolling | 12 | 11 | 10 | 9 | 8 | | Mountainous | 13 | 12 | 12 | 11 | 10 |

5.12 CROSS-SLOPE

Two-lane pavements are normally designed with a centerline crown and a parabolic surface with an average cross slope of 2 percent. When drainage is carried across adjacent lanes, the cross slope may be increased from one lane to another. Refer to the VAOT design manual for cross-slope design in various situations.

5.13 SUPERELEVATION

When the use of curves is required on a rural Collector alignment, a superelevation rate compatible with the design speed must be used. Superelevation of curves on rural Collectors should not exceed 8 percent. Where a side road intersects on the outside of a main road curve, superelevation of the main road curve should be limited to 6 percent or less to prevent operational difficulties for vehicles entering the main road under snowy or icy conditions.

Superelevation is generally not used on low-speed (45 mph or less) curbed urban and village streets. This is to avoid problems with such items as drainage, ice formation, driveways, pedestrian crossings and developed property. Refer to the 1990 AASHTO Policy, Chapter III, for a detailed discussion of design for low-speed urban streets.

5.14 BICYCLE AND PEDESTRIAN CONSIDERATIONS

Bicycles and pedestrian traffic may be expected along the sides of most Collector roads and streets. Where bicycles and pedestrians are allowed by law, the roadway should be designed and constructed under the assumption that it will be used by bicyclists and pedestrians. Bicycles require a paved surface; pedestrians, however, may often be adequately accommodated on unpaved roadway shoulders.

In recent decades, highways were not always designed with bicycle and pedestrian travel in mind. There are many ways in which roadway corridors should be improved to more safely accommodate bicycle and pedestrian traffic. Bicycle accommodation within the highway corridor may take four forms:

(1) shared use of the highway by bicycles and motor vehicles,

(2) designated bicycle route,

(3) designated bicycle lane, or

(4) a separated bicycle path. Many of the tools listed in section 5.15.1 provide roadways which are safer for bicyclists and pedestrians.

5.14.1 Shared Use of the Highway by Bicycles

Adequate accommodation of bicycles in rural areas is usually provided by paved shoulders designed to the widths shown in Section 5.6 above. However, where shoulders width is less than those values, and where shoulder paving must be minimized and in urban or village areas, Tables 5.8, 5.9 and 5.10 provide additional guidance in the selection of appropriate widths of paved areas to safely accommodate bicycles and motor vehicles on the same facility. Note that additional width may be desirable in very high traffic areas or where sight distance is restricted.

| Table 5.8 | | | | | --- | --- | --- | --- | | Minimum Width of Paved Shoulder to Accommodate Shared | | | | | Use of Rural Collector Roadways by Bicycles | | | | | Projected Design | ADT | ADT | ADT | | Traffic Volume | 0-1500 | 1500-2000 | Over 2000 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) | | | | 25-30 | 2 | 2 | 2 | | 35-40 | 2 | 2 | 3 | | 45 | 2 | 3 | 3 | | 50 | 2 | 3 | 3 |

(a) Add 1 foot on bridges or where % trucks > 10%.

| Table 5.9 | | | | | --- | --- | --- | --- | | Minimum Width of Paved Shoulders to | | | | | Accommodate Shared Use of Urban or | | | | | Village Collector Streets With Curbing by Bicycles | | | | | Projected Design | ADT | ADT | ADT | | Traffic Volumes | 0-1500 | 1500-2000 | >2000 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) (b) (c) | | | | 25 | 2 | 2 | 2 | | 30 | 2 | 2 | 3 | | 35 | 2 | 3 | 3 | | 40 | 2 | 3 | 4 | | 45 | 3 | 4 | 4 | | 50 | 4 | 4 | 4 |

(a) Width may be reduced by 1 foot in uncurbed areas.

(b) These recommendations are for areas where there is no adjacent on-street parking. Where parking exists, special consideration must be given to achieve safe accommodation for bicyclists.

(c) For cases where shoulder width adjacent to curb is less than 5 feet, recessed drainage inlets or curb inlets should be used.

In lieu of a paved shoulder, it is permissible to use a shared-use curb lane of a least the width shown in Table 5.10. When a shared-use lane is employed, a white edge line should be placed within 1 foot of the face of curb to discourage parking. For all shared-use curb lanes, recessed drainage inlets or curb inlets should be used.

| Table 5.10 | | | | | --- | --- | --- | --- | | Minimum Width of a Shared Use Curb Lane | | | | | to Accommodate Shared Use of Urban or | | | | | Village Collector Streets by Bicycles | | | | | Projected Design | ADT | ADT | ADT | | Traffic Volume | 0-1500 | 1500-2000 | >2000 | | Design Speed (mph) | Width of Shared-Use Curb Lane (ft) | | | | 25-30 | 12 | 12 | 13 | | 35 | 12 | 13 | 13 | | 40 | 13 | 13 | 14 | | 45 | 13 | 14 | 14 | | 50 | 14 | 14 | 14 |

5.14.2 Bicycles on Bridges

Wherever bicycles are to be accommodated on newly constructed bridges, shoulders with a minimum dimension as shown in Tables 5.8, 5.9 and 5.10 should be provided between the parapet, rail or barrier and the edge of the nearest travel lane.

5.14.3 Designated Bicycle Routes and Lanes

Designated bicycle routes or lanes may be appropriate along some Collector roads and streets. Because designated routes and lanes will attract bicyclists encompassing a wide range of abilities, special care must be taken to ensure adequate widths. Principal concerns for designated bicycle routes and lanes are rider safety and comfort. Because of these concerns, some high speed and/or high volume collector routes may not be appropriate for designated routes and lanes. In such cases, alternate routes or separate paths for bicycles may be desirable.

5.14.4 Pedestrian Facilities

Adequate accommodation of pedestrians must be designed for all roadway projects. Depending on the locality and expected frequency of pedestrians, adequate accommodation may range from a graded space alongside a rural road to a sidewalk in a village or city. Projects in urban or village areas shall include consideration of sidewalks and crossing locations. In addition, at the request of a municipality, sidewalks should be considered in other areas of expected pedestrian use such as near schools and recreation areas.

Where pedestrians are accommodated on sidewalks, the design must observe, to the extent possible, current Americans with Disabilities Act Accessibility Guidelines (ADAAG). These guidelines establish acceptable grades, cross-slopes, widths, ramps, surface textures and other facets of pedestrian facility design.

Pedestrian accommodation on combined bicycle/pedestrian paths must also respect the ADAAG to the extent feasible.

Pedestrian accommodation along the shoulders of roadways do not need to comply with ADAAG. However, to the extent that those guidelines can reasonably be achieved, the designer is urged to do so.

5.15 SPECIAL DESIGN GUIDELINES

These Special Design Guidelines are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. These Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under this Functional Classification there are guidelines for:

• Historic/Archaeological Resources

• Natural Resources

• Recreational Resources

• Scenic Resources

• Village or City Entrance Considerations

• Economic Vitality Considerations

When such resources are present within a project site and the use of the tools suggested do not provide an adequate protection of the resources then the design may be eligible for reductions in geometric values. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

The primary strategy for Collector road and street projects on new alignment should be to avoid or minimize the impact on the resource. When the project must remain on existing alignment such as a major roadway reconstruction, "Preservation" or "3R" project, bridge repair or replacement, design solutions should be pursued that minimize the extent of the impact. Collector roads and streets should be designed to allow both local access and mobility and as such should make the most use of tools to avoid impact to sensitive resources. Reduction in the size/area of impact, and the utilization of creative design and engineering solutions should be pursued. The following strategies are described as "common tools" in the following subsection to avoid impact to the resources.

5.15.1 Common Tools

• Alignment modification including: adjustment of horizontal and vertical curves to avoid sensitive areas and to fit with topographical features

• Reduction in Posted Speed

• Reduction/minimization of lane and shoulder widths

• Reduction/minimization clear zones

• Sharpening of horizontal curves with advisory speed postings

• Alterations to typical cross sections including:

• Roadside ditches shallower than normal

• Sideslopes steeper than normal (in combination with additional guardrail)

• Use of curb and closed drainage systems, elimination of roadside ditching

• Retaining walls

• Other traffic calming techniques, such as intersection diverters, roundabouts, channelization, speed humps, speed tables, angle points, and gateways.

• Wetland and wetland buffer restoration/creation

• Wildlife habitat restoration/creation

• Water quality/stream bank, stream buffer, lake buffer creation, restoration, and enhancement

• On and Off - site mitigation

• View/scenic enhancement through vegetation management and grading of sideslopes

• Selection of appropriate guard rail or other roadside barriers to accomplish visibility through to views or to blend in with foreground views

• Use of guard rail to allow steeper than 1:4 graded slopes, retaining walls or cribbing

• Use of guard rail to allow preservation of significant features including native and planted vegetation

• Use of grade separation/bridging/elevated structures etc.

• Separation of vehicular/pedestrian facilities

• Fencing or landscaping for screening or earth berm buffers

• Retrofitting of historical bridges for alternative uses off-site

• Integration of historical features in interpretive facilities, overlooks, etc.

• Light poles and fixtures with down shielded luminaires.

• Architectural/Landscape design:

• street trees

• use of native materials

• use of architectural design details

• pedestrian facilities

• signage

• historical design elements

5.15.2 Historic/Archaeological Considerations

Collector road and street projects should be designed to avoid historic or archaeological resources wherever possible. This may be in the form of avoiding disturbance of specific sites and structures as well as historic districts or areas where the presence of the road is disturbing to the historic land use and development pattern. Designers must contend with environmental constraints to fit new and renovated roadways within historic environments.

Where Collector roads and streets pass through historic town centers, an appropriate response is to work with local officials to reconcile posted speed and historic property conflicts and to apply that resolution to the specific community context. Reduction in lane and shoulder widths may be considered as appropriate to avoid the imposition of wider road sections through historically sensitive areas. Additionally, decisions regarding measures to accomplish speed management should be considered.

Providing curbs along Collector roads and streets in historic areas will allow both improved pedestrian safety as well as reduce in clear zone requirements. Street trees and other urban streetscape elements are essential parts of these roads. Every effort should be made to design enhancements which maximum integration of the Collector road and streets with the historic area.

The following additional design techniques are suggested to designers for Collector roads and streets:

• Alignment modification including horizontal and vertical curves to avoid sensitive areas and blend into topographical features.

• Alterations to typical cross sections including:

• Roadside ditches shallower than normal

• Sideslopes steeper than normal

• Use of curb, and elimination of the roadside ditch

• Retaining walls

• Landscaping for screening

• Retrofitting of historical bridges should be considered.

• When existing historic bridges are structurally deficient, and replacement the only solution, new bridge and approach designs should consider aesthetic treatments consistent with the historical context.

• The inclusion of historic design features which enhance integration of the design into the historical setting.

5.15.3 Natural Resources

Collector roads and street construction projects should be designed to avoid natural resources wherever possible. This may be in the form of avoiding disturbance of specific sites or areas where the presence of the road conflicts with natural resources. Where avoidance proves unfeasible, every effort should be made to minimize impacts or pursue mitigation strategies and design enhancements to enable the maximum integration of the Collector Roads and Streets with the resource. Examples of resources included:

• Wetland, lakes, rivers, and streams and their shorelines

• Water supplies

• Groundwater protection areas

• Watershed protection areas

• Agricultural districts and farmland

• Floodplains/ways

• Critical wildlife habitat and natural areas

• Rare and endangered species

• Designated "Wild and Scenic Rivers"

• Local Conservation districts or zones

• State and Federal forests and wildlife management areas

• Outstanding Resource Waters

5.15.4 Recreational Resources

Collector road and street projects should be designed to avoid public recreational facilities and protect and enhance their use wherever possible. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Collector road and streets with the resource. Examples of resources include:

• Federally owned, funded, or managed property

• State owned, funded, or managed property

• Locally owned parks and recreational areas

• Privately owned recreational facilities open to the public

• Trails and Greenways

• Federal and State forest and wildlife management areas

5.15.5 Scenic Roads or Views Considerations

All Collector road and street projects should consider scenic and aesthetic issues for projects that are either designated Scenic Roads or other roads or areas with scenic attributes. Techniques for preservation of scenic resources should be employed for both scenic resources seen from the road, as well as views of the road from surrounding areas. Some of these roads travel through the State's most dramatic landscapes where dominance of the road could negatively impact scenic values. The following additional techniques should be considered where scenic views from the roadway are identified:

• Selection of guard rail type, where required, should be determined based upon visual assessment and the need for visibility through the guardrail vs. blending of the guardrail with the foreground.

• Tree removal or trimming to preserve or enhance views.

• Vegetation management in areas where preservation of existing trees serves to provide visual buffer, frame views, or provide other visual context for the roadway.

• Treatment of bridges, abutments, retaining walls should de-emphasize structures where prominent long views and vistas are present.

• Consider appropriate sign size and placement to prevent blocking of views and to minimize clutter.

• Preservation of old stone walls and tree lines.

5.15.6 Village or City Entrance Considerations

Many of the Collector roads and streets in Vermont enter and pass through towns, villages or cities. These standards are specifically designed to allow greater flexibility to reduce the conflicts with the small scale of many of the affected communities along Collector roads and streets. The following additional guidelines may be appropriate at such locations:

• Strategies for speed management of vehicles entering towns, villages and cities should be employed through roadway design, signage and overall corridor treatments.

• Coordinated street tree and other landscaping will assist in achieving balance between the presence of the road and preserving town character for pedestrians.

• Roadway lighting of an appropriate design: luminaires scale should be reduced to urban-pedestrian scale.

• Aesthetic treatment of bridges, abutments, retaining walls to emphasize gateways to community entrances and prominent features with "architectural" features and materials.

5.15.7 Economic Vitality Considerations

Creative design should integrate economic issues where transportation needs of people, goods and services are significant, and where design of the roadway may affect the vitality of a downtown, commercial or industrial area. In these cases, the following additional guidelines may be appropriate:

• Use appropriate turning radii for large commercial vehicles at appropriate intersections.

• Use lane widths wider than recommended minimums when necessary to accommodate commercial vehicles or anticipated increased traffic volumes.

• Consider truck routes to avoid impacts on downtowns, neighborhoods, and historic districts.

• Retain existing parking, including angle parking, and/or provide additional parking in commercial areas.

• Consider landscaping, lighting, and aesthetic treatments that complement and enhance the commercial identity of a downtown, historic district, shopping district, or recreational area.

• Use appropriate designs for pedestrian and bicycle needs to enhance the vitality of village and urban areas.

• Consider the needs of public transit and intermodal connections, such as bus stops, transfer locations, and park-and-ride lots.

6.0 LOCAL ROADS AND STREETS

6.1 BASIC GEOMETRIC STANDARDS

Design criteria for Local roads and streets are summarized below. Other AASHTO design criteria, as presented in the 1990 "Policy on Geometric Design of Highways and Streets," are also applicable where they do not conflict with these Standards.

6.2 DESIGN SPEED

Rural, urban and village Local Roads and Streets are normally designed for speeds of 25 to 50 mph depending on terrain, driver expectancy and other characteristics. For rural, village, and urban Local Roads, the design speed will normally be equal to the anticipated posted speed. However, lower design and posted speeds may be considered in certain circumstances:

• To avoid and/or minimize impacts to historical, architectural, scenic, natural or other resources.

• To avoid excessive costs of construction.

• To better comply with a town or regional plan.

Design speeds may be lower than legal speeds. Design speeds as much as 10 miles per hour lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

6.3 SIGHT DISTANCE

6.3.1 Stopping Sight Distance

Minimum stopping sight distances on rural and urban Local roads and streets will adhere to the values in Table 6.1.

| Table 6.1 | | | | | --- | --- | --- | --- | | Minimum Stopping Sight Distance for Local Roads/Streets (Wet Pavements) | | | | | Rehabilitation, Reconstruction or New Construction | | | | | Stopping Sight | K Value for Crest | K Value for Sag | | | Design Speed (mph) | Distance (ft) | Vertical Curve | Vertical Curve | | 25 | 150 | 20 | 30 | | 30 | 200 | 30 | 40 | | 35 | 225 | 40 | 50 | | 40 | 275 | 60 | 60 | | 45 | 325 | 80 | 70 | | 50 | 400 | 110 | 90 |

6.3.2 Corner Sight Distance

Corner sight distances for rural and urban local roads and streets will meet the minimum requirements of Table 6.2.

| Table 6.2 | | | --- | --- | | Minimum Corner Sight Distances (a) | | | For Local Roads And Streets | | | Design Speed on | Corner Sight | | Main Road (mph) | Distance (ft) | | 25 | 275 | | 30 | 330 | | 35 | 385 | | 40 | 440 | | 45 | 495 | | 50 | 550 | | 55 | 605 |

(a) Corner sight distance is measured from a point on the intersecting road or driveway, at least 15 feet from the edge of traveled way on the main road.

6.4 LANE AND SHOULDER WIDTHS FOR URBAN LOCAL STREETS

On urban and village Local streets, lane widths may vary from 7 to 11 feet, and there should be appropriate offsets to curb. The 7 and 8-foot widths may be appropriate in residential areas having very low traffic volume and little or no truck traffic.

Lane and shoulder widths within Historic Districts should be compatible with the historic character of the District. As an absolute minimum, a 2-foot offset to vertical curb is recommended, and a 1-foot offset to sloped curb. In all cases, drainage grates and drop inlets should be designed so that they do not project into a travel lane. Drainage grates should always be bicycle-safe in design.

6.5 LANE AND SHOULDER WIDTHS ON RURAL LOCAL ROADS

For new construction, lane and shoulder widths on rural Local roads will adhere to values in Table 6.3. Note that the shoulder widths in this table are considered necessary for adequate safety and service for this class of highway, and may exceed the minimum paved widths needed solely to provide bicycle safety. For reconstruction and rehabilitation the median existing roadway lane and shoulder width within a project area shall be the minimum lane and shoulder widths, with additional shoulder width to accommodate bicycles as outlined under "Bicycle and Pedestrian Considerations" in this chapter.

| Table 6.3 | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Minimum Width of Lanes And Shoulders | | | | | | | | | for Rural Local Roads | | | | | | | | | Design Traffic Volume Design Speed (mph) | ADT (a) | ADT | ADT | ADT | ADT | ADT | ADT Over | | 0-25 | 25-50 | 50-100 | 100-400 | 400-1500 | 1500-2000 | 2000 | | | Width of Lane/Shoulder (ft) | | | | | | | | | 25 | 7/0 | 8/0 | 9/0 | 9/2 | 9/2 | 10/3 | 11/3 | | 30 | 7/0 | 8/0 | 9/0 | 9/2 | 9/2 | 10/3 | 11/3 | | 35 | 7/0 | 8/0 | 9/0 | 9/2 | 9/2 | 10/3 | 11/3 | | 40 | 7/0 | 8/0 | 9/2 | 9/2 | 9/2 | 10/3 | 11/3 | | 45 | - | - | 9/2 | 9/2 | 9/2 | 10/3 | 11/3 | | 50 | - | - | 9/2 | 9/2 | 10/2 | 10/3 | 11/3 |

(a) Minimum width of 8/0 whenever there is guard rail.

6.6 BRIDGE WIDTHS AND STRUCTURAL CAPACITIES

State policy favors the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the agency shall weigh the following factors:

1. the functional classification of the highway;

2. the load capacity and geometric constraints of the bridge and the availability of alternative routes;

3. the comparative long-term costs, risks, and benefits of rehabilitation and new construction;

4. the requirements of state standards for geometric design;

5. disruption to homes and businesses;

6. environmental impacts;

7. the potential effects of the local and state economies;

8. cost-effectiveness;

9. mobility, including bicycles and pedestrians;

10. safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

11. local or regional plans as interpreted by the adopting entity, and state agency plans;

12. the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and

13. if it is a forest highway under federal jurisdiction.

State policy for the reconstruction of bridges on Local Roads favors preservation within existing footprints, in order to ensure compatibility with the Vermont setting and to reduce costs and environmental impacts. Where reconstruction within the existing footprint is not feasible, the full width of approach roadways as shown in Table 6.3 should be provided across all new bridges on rural Local Roads, and the same curb-to-curb width as the street across all new and replacement bridges on urban and village Local Roads. New bridges should be designed to HS-25 loading capacity.

With regard to a bridge located on a municipal highway, a municipality may request the agency to adhere to one or more of the following guidelines:

1. where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

2. unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

3. in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge's historic character, to the extent feasible.

Where an existing road is to be reconstructed, an existing bridge which fits the proposed alignment and profile may remain in place when its structural capacity in terms of design loading and roadway width are at least equal to the value shown for the applicable traffic volume in Table 6.4.

Historic bridges may be rehabilitated for continued use on local roads if they can be rehabilitated to have a roadway clear width of at least 16 feet and an H-12 capacity. Other historic bridges may be considered for design exceptions so that they may remain in place on local roads and be considered for future rehabilitation rather than replacement.

If a historic bridge can be rehabilitated or a replacement bridge is in the same location and has the same profile, a design speed need not be selected.

| Table 6.4 | | | | --- | --- | --- | | Bridges to Remain in Place on Local Roads and Streets | | | | Current Traffic ADT | Design Loading | Roadway Clear | | Structural Capacity | Width (ft) (a) | | | 0-50 | H-12 | 16 | | 50-400 | H-15 | 18 | | 400-2000 | H-15 | 20 | | Over 2000 | H-15 | 22 |

(a) Clear width between curbs or rails, whichever is the lesser.

6.7 VERTICAL CLEARANCE

New or reconstructed structures should provide at least 14 feet of vertical clearance over the entire roadway width, including shoulders plus an additional clearance of 3 inches for future resurfacing of the under passing road.

Structures over railroads should provide a minimum vertical clearance of 23 feet over both rails, unless otherwise provided in a variance agreement entered into by the Agency of Transportation, the railroad and any affected municipality, and approved by the Transportation Board in accordance with 5 VSA, Section 3670. Where "double-stacks" are to be accommodated on the railroad, an absolute minimum vertical clearance of 20.75 feet will be required.

Town highway bridges over rivers and other bodies of water will, where practicable, be designed to pass the 25-year frequency flood with a minimum clearance of 1 foot between the water surface elevation and the low chord of the bridge. In addition, overtopping of the road must not be permitted during the 25-year flood. Consideration shall also be given to the potential effects of the 100-year flood on upstream property, the environment, hazards to human life and floodplain management criteria.

6.8 HORIZONTAL CLEARANCE

A clear unobstructed roadside is highly desirable for motorist safety along rural local roads. Clear zone distances for new construction and reconstruction projects on rural local roads will normally be based on the values shown in Table 6.5.

| Table 6.5 | | | | | | | --- | --- | --- | --- | --- | --- | | Minimum Clear Zone Distances (in feet from edge of traveled lane) | | | | | | | For Rural Principal Arterials | | | | | | | Design Speed (mph) | Design ADT (VPD) | Fill Slopes | Cut Slopes | | | | 1:4 or flatter | 1:3 | 1:3 | 1:4 or flatter | | | | 45 or less | Under 750 | 7 | * | 7 | 7 | | 750-1500 | 12 | * | 10 | 10 | | | 1500-6000 | 14 | * | 12 | 12 | | | Over 6000 | 16 | * | 14 | 14 | | | 50 | Under 750 | 12 | * | 8 | 8 | | 750-1500 | 16 | * | 10 | 12 | | | 1500-6000 | 20 | * | 12 | 14 | | | Over 6000 | 24 | * | 14 | 18 | |

• Since recovery is less likely on the unshielded, traversable 1:3 slopes, fixed objects should not be present in the vicinity of the toe of these slopes. Recovery of high speed vehicles that encroach beyond the edge of the shoulder may be expected to occur beyond the toe of the slope. Determination of the width of the recovery area at the toe of the slope should take into consideration right-of-way availability, environmental concerns, economic factors, safety needs, and accident histories.

Notes:

1. Selection of a clear zone may or may not provide adequate sight distance. In those cases where inadequate sight distance results, the designer should specify the need for a sight easement, or otherwise adjust the design to provide needed sight lines.

2. In cut areas without guard rail, it is recommended that the clear zone extend to the back of ditch. This may be wider than the typical clear zone width for the project. The placement of poles or other non-crashworthy features in the ditch is not desirable, as errant vehicles are likely to travel to the bottom of the ditch.

3. The designer may choose to increase the clear zone width on the outside of horizontal curves where accident histories indicate a need, or where specific site investigation shows a definitive accident potential. This may be cost effective where increased banking or other accident countermeasures are not feasible.

Despite the recommendations of Table 6.5, clear zones as narrow as 5 feet may be used on rural principal arterials, without design exception, where necessary to avoid or minimize disturbance of significant historic, archaeological, scenic, natural or other resources. In addition, on high speed local roads (50 mph or greater) clear zones may be limited to 10 feet, and on low speed (45 mph or less) local roads, clear zones may be limited to 7 feet, irrespective of the recommendations of Table 6.5.

On uncurbed urban and village local roads, the clear zone may be limited to 5 feet where speeds are 35 mph or greater. For speeds less than 35 mph, clearances as for curbed areas will be sufficient.

On curbed local road urban and village streets, a 1.5 foot horizontal offset to obstructions from face of curb should be provided. This dimension should be increased to 3 feet near turning radii at intersections with side roads and driveways.

6.9 ALIGNMENT

Horizontal curvature will normally be designed in accordance with recommended AASHTO values for the design speed. However, curves up to 20 mph below the stated design speed may be used, without design exception, where necessary to avoid and/or minimize disturbance of historic, archaeological, scenic, natural or other resources. In addition, horizontal curves within 750 feet of a stop sign may be designed up to 15 mph below the stated design speed without design exception. When curvature sharper than the AASHTO recommended values is used, a post-construction test of those curves will be conducted, and advisory speeds will be posted where appropriate.

6.10 GRADES

Maximum grades on rural Local roads will adhere to the values shown in Table 6.6.

| Table 6.6 | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Maximum Grades for Rural Local Roads | | | | | | | | Design Speed (mph) | | | | | | | | 25 | 30 | 35 | 40 | 45 | 50 | | | Type of Terrain | Maximum Grade (percent) | | | | | | | Level | 7 | 7 | 7 | 7 | 7 | 6 | | Rolling | 11 | 10 | 10 | 9 | 8 | 8 | | Mountainous | 15 | 14 | 13 | 12 | 11 | 10 |

Grades for local residential streets should be as flat as is consistent with the surrounding terrain. The gradient for local streets should be less than 15 percent. Where grades of 4 percent or steeper are necessary, the drainage design may become critical. On such grades special care must be taken to prevent erosion on slopes and open drainage facilities.

For streets in commercial and industrial areas, gradient design should be less than 8 percent; desirably, it should be less than 5 percent, and flatter gradients should be emphasized.

To provide for proper drainage, the desirable minimum grade that should be used for streets and bridges with outer curbs is one percent.

6.11 CROSS-SLOPE

Two-lane pavements are normally designed with a centerline crown and a parabolic surface with an average cross slope of 2 percent. When drainage is carried across adjacent lanes, the cross slope may be increased from one lane to another. Refer to the VAOT design manual for cross-slope design in various situations.

6.12 SUPERELEVATION

When the use of curves is required on a rural Local road alignment, a superelevation rate compatible with the design speed must be used. Superelevation of curves on rural paved Local roads should not exceed 8 percent and 6 percent on unpaved roads. Where a side road intersects on the outside of a main road curve, superelevation of the main road curve should be limited to 6 percent or less to prevent operational difficulties for vehicles entering the main road under snowy or icy conditions.

Superelevation is generally not used on low-speed (45 mph or less) curbed urban and village streets. This is to avoid problems with such items as drainage, ice formation, driveways, pedestrian crossings and developed property. Refer to the 1990 AASHTO Policy, Chapter III, for a detailed discussion of design for low-speed urban streets.

6.13 BICYCLE AND PEDESTRIAN CONSIDERATIONS

Bicycles and pedestrian traffic may be expected along the sides of most local roads and streets. Where bicycles and pedestrians are allowed by law, the roadway should be designed and constructed under the assumption that it will be used by bicyclists and pedestrians. Bicycles require a paved surface; pedestrians, however, may often be adequately accommodated on unpaved roadway shoulders.

In recent decades, highways were not always designed with bicycle and pedestrian travel in mind. There are many ways in which roadway corridors should be improved to more safely accomodate bicycle and pedestrian traffic. Bicycle accommodation within the highway corridor may take four forms:

(1) shared use of the highway by bicycles and motor vehicles,

(2) designated bicycle route,

(3) designated bicycle lane, or

(4) a separated bicycle path. Many of the tools listed in section 6.14.1 provide roadways which are safer for bicyclists and pedestrians.

6.13.1 Shared Use of the Highway by Bicycles

Adequate accommodation of bicycles on paved rural roadways is usually provided by paved shoulders designed to the widths shown in Section 6.5 above. However, where shoulder width is less than those values, on where shoulder paving must be minimized, and in urban or village areas, Tables 6.7, 6.8 and 6.9 provide additional guidance in the selection of appropriate widths of paved areas to safely accommodate bicycles and motor vehicles on the same facility. Note that additional width may be desirable in very high traffic areas or where sight distance is restricted.

| Table 6.7 | | | | | | --- | --- | --- | --- | --- | | Minimum Width of Paved Shoulder to Accommodate | | | | | | Shared Use of Paved Rural Local Roadways by Bicycles | | | | | | Projected Design | ADT | ADT | ADT | ADT | | Traffic Volume | 0-100 | 100-1500 | 1500-2000 | Over 2000 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) | | | | | 25-30 | * | 1 | 1 | 2 | | 35-40 | * | 1 | 2 | 3 | | 45 | * | 2 | 3 | 3 | | 50 | * | 2 | 3 | 4 |

(a) Add 1 foot on bridges or where %trucks>10%.

• No special provisions for bicycles.

| Table 6.8 | | | | | --- | --- | --- | --- | | Minimum Width of Paved Shoulders to Accommodate | | | | | Shared Use of Urban | | | | | or Village Local Streets With Curbing by Bicycles | | | | | Projected Design | ADT | ADT | ADT | | Traffic Volume | 0-1500 | 1500-2000 | >2000 | | Design Speed (mph) | Width of Paved Shoulder (ft) (a) (b) (c) | | | | 25 | 2 | 2 | 2 | | 30 | 2 | 2 | 3 | | 35 | 2 | 3 | 3 | | 40 | 2 | 3 | 4 | | 45 | 3 | 4 | 4 | | 50 | 4 | 4 | 4 |

(a) Width may be reduced by 1 foot in uncurbed areas.

(b) These recommendations are for areas where there is no adjacent on-street parking. Where parking exists, special consideration must be given to achieve safe accommodation for bicyclists.

(c) For cases where shoulder width adjacent to curb is less than 5 feet, recessed drainage inlets or curb inlets should be used.

In lieu of a paved shoulder, it is permissible to use a shared-use curb lane of at least the width shown in Table 6.9. When a shared-use lane is employed, a white edge line should be placed within 1 foot of the face of curb to discourage parking. For all shared-use curb lanes, recessed drainage inlets or curb inlets should be used.

| Table 6.9 | | | | | --- | --- | --- | --- | | Minimum Width of a Shared Use Curb Lane | | | | | to Accommodate shared Use of Urban or | | | | | Village Local Streets by Bicycles | | | | | Projected Design | ADT | ADT | ADT | | Traffic Volume | 0-1500 | 1500-2000 | >2000 | | Design Speed (mph) | Width of Shared-Use Curb Lane (ft) | | | | 25-30 | 12 | 12 | 13 | | 35 | 12 | 13 | 13 | | 40 | 13 | 13 | 14 | | 45 | 13 | 14 | 14 | | 50 | 14 | 14 | 14 |

6.13.2 Bicycles on Bridges

Wherever bicycles are to be accommodated on newly constructed bridges, shoulders with a minimum dimension as shown in Tables 6.7, 6.8, and 6.9 should be provided between the parapet, rail or barrier and the edge of the nearest travel lane.

6.13.3 Designated Bicycle Routes and Lanes

Designated bicycle routes or lanes may be appropriate along local roads and streets. Because designated routes and lanes will attract bicyclists encompassing a wide range of abilities, special care must be taken to ensure adequate widths. Principal concerns for designated bicycle routes and lanes are rider safety and comfort. Because of these concerns, some high speed and/or high volume routes may not be appropriate for designated routes and lanes. In such cases, alternate routes or separate paths for bicycles may be desirable.

6.13.4 Pedestrian Facilities

Adequate accommodation of pedestrians must be designed for all roadway projects. Depending on the locality and expected frequency of pedestrians, adequate accommodation may range from a graded space alongside a rural road to a sidewalk in a village or city. Projects in urban or village areas shall include consideration of sidewalks and crossing locations. In addition, at the request of a municipality, sidewalks should be considered in other areas of expected pedestrian use such as near schools and recreation areas.

Where pedestrians are accommodated on sidewalks, the design must observe, to the extent possible, current Americans with Disabilities Act Accessibility Guidelines (ADAAG). These guidelines establish acceptable grades, cross-slopes, widths, ramps, surface textures and other facets of pedestrian facility design.

Pedestrian accommodation on combined bicycle/pedestrian paths must also respect the ADAAG to the extent feasible.

Pedestrian accommodation along the shoulders of roadways do not need to comply with ADAAG. However, to the extend that those guidelines can reasonably be achieved, the designer is urged to do so.

6.14 SPECIAL DESIGN GUIDELINES

These Special Design Guidelines are presented to assist the designer in avoiding, minimizing, or mitigating negative impacts upon the environment and other sensitive resources as well as to enhance the design to fit the context of the project site. These Special Design Guidelines note the importance of the individual resources and suggest tools which may be used in the development of a design which recognizes the resource at the proper level of importance. Under this Functional Classification there are guidelines for:

• Historic/Archaeological Resources

• Natural Resources

• Recreational Resources

• Scenic Resources

When such resources are present within a project site and the use of the tools suggested do not provide an adequate protection of the resources then the design may be eligible for reductions in geometric values. The decision to pursue reductions in the standards is subject to approval in accordance with the "VAOT Design Exception Policy".

The primary strategy for Local Road projects on new alignment should be to use alternative roadway alignments to avoid the impact on the resource. When the project must remain on existing alignment such as roadway reconstruction, "Preservation" or "3R" project, bridge repair or replacement, design solutions should be pursued that minimize the extent of the impact. Local Road projects are intended to provide land access with minimal emphasis on mobility and as such should be treated with the most flexibility when considering design solutions for avoidance of impact to sensitive resources. Reduction in the size/area of impact, and the utilization of creative design and engineering solutions should be pursued to the maximum extent possible. The following "common tools" should be used to reduce impacts to the natural and built environment.

6.14.1 Common Tools

• One lane (two-way) low volume, low speed roadways

• Alignment modification including: adjustment of horizontal and vertical curves to avoid sensitive areas and to fit with topographical features

• Reduction in posted speed

• Reduction/minimization of lane and shoulder widths

• Reduction/minimization clear zones

• Sharpening of horizontal curves with advisory speed postings

• Alterations to typical cross sections including:

• Roadside ditches shallower than normal

• Sideslopes steeper than normal (in combination with additional guardrail)

• Use of curb and closed drainage systems, elimination of roadside ditching

• Retaining walls

• Other traffic calming techniques, such as intersection diverters, roundabouts, channelization, speed humps, speed tables, angle points, and gateways.

• Wetland and wetland buffer restoration/creation

• Wildlife habitat restoration/creation

• Water quality/stream bank, stream buffer, lake buffer creation, restoration, and enhancement

• On and Off - site mitigation

• View/scenic enhancement through vegetation management and grading of sideslopes

• Selection of appropriate guard rail or other roadside barriers to accomplish visibility through to views or to blend in with foreground views

• Use of guard rail to allow steeper than 1:4 graded slopes, retaining walls or cribbing

• Use of guard rail to allow preservation of significant features including native and planted vegetation

• Use of grade separation/bridging/elevated structures etc.

• Separation of vehicular/pedestrian facilities

• Fencing or landscaping for screening or earth berm buffers

• Retrofitting of historical bridges for alternative uses off-site

• Integration of historical features in interpretive facilities, overlooks, etc.

• Light poles and fixtures with down shielded luminaires.

• Architectural/Landscape design:

• street trees

• use of native materials

• use of architectural design details

• pedestrian facilities

• signage

historical design elements

6.14.2 Historic/Archaeological Considerations

Local road construction projects on new location should be designed to avoid historic or archaeological resources wherever possible. This may be in the form of avoiding disturbance of specific sites and structures as well as historic districts or areas where the presence of the road is disturbing to the historic land use and development pattern.

Reduction in lane and shoulder widths may be considered where appropriate to avoid the imposition of wider road sections through historically sensitive areas. Additionally, decisions regarding measures to accomplish "speed management" should be considered.

Providing curbs along Local Roads in Historic centers will allow both improved pedestrian safety as well as reduced clear zone requirements for street trees and other urban streetscape amenities.

Where avoidance proves unfeasible, every effort should be made to minimize impacts and pursue mitigation strategies and design enhancements to enable the maximum integration of the Local road with the historic area.

The following additional design techniques address the potential tools available to designers for Local roads:

• Alignment modification including horizontal and vertical curves to avoid sensitive areas and blend into topographical features.

• Alterations to typical cross sections including:

• Roadside ditches shallower than normal

• Sideslopes steeper than normal

• Use of curb, and elimination of the roadside ditch

• Retaining walls

• Selection of appropriate guard rail or other roadside barriers

• Landscaping for screening or earth berm buffers

• Retrofitting of historical bridges should be considered.

• When existing historic bridges are structurally deficient, and replacement the only solution, new bridge and approach designs should consider aesthetic treatments consistent with the historical context.

• The inclusion of design features which enhance integration of the design into the historical setting.

6.14.3 Natural Resources

Local Road construction projects should be designed to avoid natural resources to the greatest extent possible. This may be in the form of avoiding disturbance of specific sites or areas where the presence of the road conflicts with important natural resources. Where avoidance proves unfeasible, every effort should be made to minimize impacts or pursue mitigation strategies and design enhancements to enable the maximum integration of the Local Road with the resource.

• Wetland, lakes, rivers, and streams and their shorelines

• Water supplies

• Groundwater protection areas

• Watershed protection areas

• Agricultural districts and farmland

• Floodplains/ways

• Critical wildlife habitat and natural areas

• Rare and endangered species

• Designated "Wild and Scenic Rivers"

• Local Conservation districts or zones

• State and Federal forests and wildlife management areas

• Outstanding Resource Waters

6.14.4 Recreational Resources

Local Road projects should be designed to avoid public rescreational facilities to the maximum extent possible. Where avoidance proves unfeasible, every effort should be made to minimize impacts including mitigation strategies and design enhancements to enable the maximum integration of the Local Roads with the resource.

• Federally owned, funded, or managed property

• State owned, funded, or managed property

• Locally owned parks and recreational areas

• Privately owned recreational facilities open to the public

• Trails and Greenways

6.14.5 Scenic Roads or Views Considerations

All Local Road projects should consider scenic and aesthetic issues for projects that are either designated Scenic Roads or other roads with scenic attributes. Techniques for preservation of scenic resources should be employed for both scenic resources seen from the road, as well as views of the road from surrounding areas. The following techniques should be considered where scenic views from the highway are identified:

• Selection of guardrail type, where required, should be determined based upon visual assessment and the need for visibility through the guardrail vs. blending of the guardrail with the foreground.

• Tree removal or trimming to preserve or enhance views.

• Vegetation management in areas where preservation of existing trees serves to provide visual buffer, frame views, or provide other visual context for the roadway.

• Treatment of bridges, abutments, retaining walls should de-emphasize structures.

• Consider appropriate sign size and placement to prevent blocking of views and to minimize clutter.

• Preservation of old stone walls and treelines.

7.0 LEVEL OF IMPROVEMENT (LOI)

7.1 Introduction

Level of Improvement (LOI) is a recognition that with limited resources it is not possible to upgrade every road and bridge in Vermont to its ideal engineering condition. The idea was introduced in the 1995 Vermont Long Range Transportation Plan. Under the LOI concept, major transportation projects involving extensive improvements will take place only in major corridors. Other parts of the system will receive less extensive improvements, depending on how heavily they are used, and how important they are to statewide mobility.

7.2 Applicability

LOI applies to investment in all roads and bridges in Vermont where state or federal funding is involved. The LOI concept will be broadened to become applicable to investment in all modes of transportation in Vermont.

7.3 Classification

Three major factors are used to classify roadways into LOI investment categories.

Highway Functional Class

LOI differentiates among the following:

• Interstate/Freeway

• Other principal arterials

• Minor arterials - urban

• Minor arterials - rural

• Major collectors

• Urban collectors

Average Daily Traffic

Two different average annual daily traffic (ADT) breakpoints are used, depending on the functional class.

Equivalent Single Axle Loadings

Equivalent single axle loadings (ESALs) during a ten-year period are used to further refine the ADT breakpoints. ESALs serve as a measure of overall truck traffic, to account for significant differences in truck traffic on some Vermont roads which are otherwise similar in classification.

7.4 Investment Categories

There are three investment categories:

Reconstruction

Applies to those routes or facilities that seek to attain the highest level of mobility and accessibility for the movement of people and goods, while assuring the safety of those who use or reside next to the facility. Includes realignment, relocation, reconstruction, new construction, and major improvements to bring sections of highways or bridges to appropriate Vermont design standards. Types of improvements could include additional lanes, bypasses of town centers or congested locations, operational improvements, and access management strategies. Reconstruction may also include the accommodation of additional modes of transportation via bikeways, sidewalks, paved shoulders, or similar treatment. Reconstruction typically involves the addition of capacity, while rehabilitation projects do not. Reconstruction may also be appropriate to respond to identified safety problems.

Rehabilitation

Involves work on an existing roadway surface or subsurface, or on an existing structure, generally within an established right-of-way (ROW). Under some circumstances minor right-of-way acquisition may be involved. The purpose of rehabilitation projects is to extend the service life of the roadway and/or bridge, provide additional pavement strength, maintain or improve the cross section on existing alignment, increase skid resistance, improve rideability, or enhance safety performance. Examples of rehabilitation improvements include:

• Additional layer(s) of surfacing material to provide additional structural integrity, serviceability, rideability, or skid resistance;

• Work performed on bridge decks, substructure or superstructure elements to render them suitable for additional or extended service;

• Reworking or strengthening the base or subbase via recycling or reworking of existing materials to improve structural integrity, add underdrains, improve shoulders, or widen shoulders;

• Addition of truck climbing lanes, slow-vehicle turn-outs, turning lanes, intersection bypass lanes, or shoulder driving lanes;

• Intersection improvements including signalization and widening; and

The addition or upgrading of safety appurtenances such as guardrail, signing and marking should be considered for inclusion in all projects. Clear zones and drainage should be accomodated to the extent possible without acquisition of additional right-of-way.

Preservation

Sustain as necessary the existing roadway and appurtenances for safe and efficient operation, at the lowest possible capital cost. Certain types of preservation activities may also be appropriate for safety improvements (e.g. improved skid resistant qualities). Mill and fill, seal coats, thin overlays, crack sealing, or other treatments are procedures used to preserve and extend the life of the roadway. Placing membranes on bridge decks is also an example of a preservation treatment. The addition of safety appurtenances such as guardrail, signing, marking, etc. should be included in all projects. Under certain circumstances within an overall system preservation project, rehabilitation improvements may be applied as spot improvements, or in response to specific physical, functional, or safety problems. Additional capacity or realignment would rarely be appropriate on routes designated for preservation.

7.5 LOI Table and Discussion

The table shows how the three major factors are used to classify transportation investment into the three investment categories.

| Vermont Level of Improvement | Investment Categories | | | | | --- | --- | --- | --- | --- | | Functional Class | ADT | Reconstruction | Rehabilitation | Preservation | | Interstate/Freeway | all | yes | yes | yes | | Other Principal Arterial | all | yes | yes | yes | | Urban Minor Arterial | > 5,000 | yes | yes | yes | | Urban Minor Arterial | < 5,000 | only if ESAL | yes | yes | | > 1.5 million | | | | | | Rural Minor Arterial | > 2,500 | yes | yes | yes | | Rural Minor Arterial | < 2,500 | only if ESAL | yes | yes | | > 0.8 million | | | | | | Major Collector | > 2,500 | no | yes | yes | | Major Collector | < 2,500 | no | only if ESAL | yes | | > 0.5 million | | | | | | Urban Collector | all | no | only if ESAL | yes | | > 1.5 million | | | | |

Discussion of the table

All roads are appropriate candidates for system preservation.

Interstates/Freeways, other principal arterials, and high volume minor arterials in both urban and rural areas are suitable candidates for all three investment categories - reconstruction, rehabilitation, and preservation.

| Table 4 | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | CLASSIFICATION RESULTS BY COUNTY | | | | | | | | | Level of Improvement | | | | | | | | | TYPE OF TREATMENT | | | | | | | | | RECONSTRUCTION | REHABILITATION | PRESERVATION | | | | | | | COUNTY | MILES | % OF TOTAL | MILES | % OF TOTAL | MILES | % OF TOTAL | TOTAL MILES | | Addison | 80 | 1.1% | 160 | 2.2% | 297 | 4.0% | 537 | | Bennington | 107 | 1.5% | 156 | 2.1% | 228 | 3.1% | 491 | | Caledonia | 97 | 1.3% | 145 | 2.0% | 280 | 3.8% | 522 | | Chittenden | 138 | 1.9% | 187 | 2.6% | 246 | 3.4% | 571 | | Essex | 24 | 0.3% | 44 | 0.6% | 162 | 2.2% | 230 | | Franklin | 76 | 1.0% | 153 | 2.1% | 281 | 3.8% | 510 | | Grand Isle | 35 | 0.5% | 44 | 0.6% | 72 | 1.0% | 151 | | Lamoille | 56 | 0.8% | 89 | 1.2% | 144 | 2.0% | 289 | | Orange | 74 | 1.0% | 131 | 1.8% | 275 | 3.8% | 480 | | Orleans | 58 | 0.8% | 138 | 1.9% | 289 | 3.9% | 485 | | Rutland | 129 | 1.8% | 192 | 2.6% | 289 | 3.9% | 610 | | Washington | 119 | 1.6% | 181 | 2.5% | 259 | 3.5% | 559 | | Windham | 141 | 1.9% | 213 | 2.9% | 326 | 4.5% | 680 | | Windsor | 171 | 2.3% | 288 | 3.9% | 458 | 6.2% | 917 | | FAU totals | 0 | 0.0% | 50 | 0.7% | 244 | 3.3% | 294 | | Statewide | 1,306 | 17.8% | 2,171 | 29.6% | 3,850 | 52.5% | 7,327 |

Note: Mileage estimates by County are based on GIS database.

| Table 3 | | | | --- | --- | --- | | STATEWIDE OVERVIEW | | | | Level of Improvement | | | | TYPE OF TREATMENT | NUMBER OF MILES | PERCENT OF TOTAL | | Full treatment (Reconstruction) | 1,306 | 17.8% | | Rehabilitation | 2,171 | 29.6% | | Preservation | 3,850 | 52.5% | | Total | 7,327 | 100.0% |

Wilbur Smith Associates 15-Jul-96

| Table 2 | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Classification Results | | | | | | | | Level of Improvement | | | | | | | | Acceptable Candidate Project Types | | | | | | | | Highway | Reconstruction | | | | | | | Functional Class | Urban | Rural | Total | | | | | Yes | No | Yes | No | Yes | No | | | Interstate | 34.2 | 299.6 | 333.8 | | | | | Other Principal Arterials | 111.0 | 323.9 | 434.9 | | | | | Subtotal | 145.2 | 623.5 | 768.7 | | | | | Minor Arterials | 51 | 21 | 486 | 281 | 537 | 302 | | Percent Distribution | 6.1% | 2.5% | 57.9% | 33.5% | 64.0% | 36.0% | | Major Collector-State Highways & Town Highways | 0 | 1998 | 0 | 1998 | | | | Percent Distribution | 0.0% | 100.0% | 0.0% | 100.0% | | | | Urban Collector | 0 | 244 | 0 | 244 | | | | Percent Distribution | 0.0% | 100.0% | 0.0% | 100.0% | | | | Subtotal | 51 | 265 | 486 | 2279 | 537 | 2544 | | Percent Distribution | 1.7% | 8.6% | 15.8% | 74.0% | 17.4% | 82.6% | | Total | 196 | 265 | 1110 | 2279 | 1306 | 2544 | | Percent Distribution | 5.1% | 6.9% | 28.8% | 59.2% | 33.9% | 66.1% |

| Table 2 | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Classification Results | | | | | | | | | Level of Improvement | | | | | | | | | Acceptable Candidate Project Types | | | | | | | | | Highway | Rehabilitation | Preservation | | | | | | | Functional Class | Urban | Rural | Total | All Roads | | | | | Yes | No | Yes | No | Yes | No | Yes | | | Interstate | 34.2 | 299.6 | 333.8 | 333.8 | | | | | Other Principal Arterials | 111.0 | 323.9 | 434.9 | 434.9 | | | | | Subtotal | 145.2 | 623.5 | 768.7 | 768.7 | | | | | Minor Arterials | 72 | 0 | 767 | 0 | 839 | 0 | 839 | | Percent Distribution | 8.5% | 0.0% | 91.5% | 0.0% | 100.0% | 0.0% | 100.0% | | Major Collector-State Highways & Town Highways | 513 | 1485 | 513 | 1485 | 1998 | | | | Percent Distribution | 25.7% | 74.3% | 25.7% | 74.3% | 100.0% | | | | Urban Collector | 50 | 44 | 50 | 44 | 244 | | | | Percent Distribution | 20.4% | 17.9% | 0.0% | 0.0% | 20.4% | 17.9% | 100.0% | | Subtotal | 122 | 44 | 1281 | 1485 | 1402 | 1528 | 3081 | | Percent Distribution | 3.9% | 1.4% | 41.6% | 48.2% | 45.5% | 49.6% | 100.0% | | Total | 267 | 44 | 1904 | 1485 | 2171 | 1528 | 3850 | | Percent Distribution | 6.9% | 1.1% | 49.5% | 38.6% | 56.4% | 39.7% | 100.0% |

Wilbur Smith Associates

| Table 1 | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Classification Matrix - Roadway | | | | | | | | Level of Improvement | | | | | | | | Acceptable Candidate Project Types | | | | | | | | Highway | Reconstruction | Rehabilitation | | | | | | Functional Class | urban | Rural | Urban | Rural | | | | Interstate | | | | | | | | All Volumes | Yes | Yes | Yes | Yes | | | | Mileage | 34 | 300 | 34 | 300 | | | | Other Principal Arterials | | | | | | | | (FC = 2, 12, 14) All Volumes | Yes | Yes | Yes | Yes | | | | Mileage | 111 | 324 | 111 | 324 | | | | Minor Arterial | | | | | | | | Urban - Over5,000 ADT (FC = 16) | Yes | | | Yes | | | | Mileage | 46 | | | 46 | | | | ESAL Class | >1.5mil | <1.5 mil | | n/a | n/a | | | & Less than5,000 ADT (FC = 16) | Yes | No | | | Yes | | | Mileage | 5 | 21 | | 26 | | | | Rural - Over2,500 ADT (FC = 6) | | Yes | | Yes | | | | Mileage | | 413 | | 413 | | | | ESAL Class | | >0.8 mil | <0.8 mil | | n/a | | | & Less than 2,500 ADT (FC = 6) | | Yes | No | | Yes | | | Mileage | | 73 | 281 | | 354 | | | Major Collector-State | | | | | | | | Highways & Town Highways (FC = 7)Over 2,500 ADT | | No | | Yes | | | | Mileage | | 318 | | 318 | | | | Less than 2,500 ADT & | | No | | Yes | No | | | ESAL Class | | n/a | | >0.5 mil | <0.5 mil | | | Mileage | | 1680 | 195 | 1485 | | | | Urban Collector | | | | | | | | (FC 12, 14, 16, 17) Over 3,000 ADT & | No | | | Yes | No | | | ESAL Class | n/a | | >1.5 mil | <1.5 mil | | | | Mileage | 93 | | 50 | 44 | | | | Less than 3,000 ADT & | No | | Yes | No | | | | ESAL Class | n/a | | >1.5mil | <1.5mil | | | | Mileage | 151 | | 0 | 151 | | |

| Highway | Preservation | | --- | --- | | Functional Class | All Roads | | Interstate | | | All Volumes | Yes | | Mileage | 334 | | Other Principal Arterials (FC = 2, 12, 14) | | | All Volumes | Yes | | Mileage | 435 | | Minor Arterial | | | Urban - Over 5,000 ADT (FC = 16) | Yes | | Mileage | 46 | | ESAL Class | n/a | | & Less than 5,000 ADT (FC = 16) | Yes | | Mileage | 26 | | Rural - Over 2,500 ADT (FC = 6) | Yes | | Mileage | 413 | | ESAL Class | n/a | | & Less than 2,500 ADT (FC = 6) | Yes | | Mileage | 354 | | Major Collector-State | | | Highways & Town Highways (FC = 7) Over 2,500 ADT | Yes | | Mileage | 318 | | Less than 2,500 ADT & | Yes | | ESAL Class | n/a | | Mileage | 1680 | | Urban Collector | | | (FC 12, 14, 16, 17) Over 3,000 ADT & | Yes | | ESAL Class | n/a | | Mileage | 93 | | Less than 3,000 ADT & | Yes | | ESAL Class | n/a | | Mileage | 151 |

| Definitions: | Reconstruction - See attached sheet Rehabilitation - See attached sheet Preservation - See attached sheet | | --- | --- | | Factors for Defining Acceptable Project Type: | Design Year for Highway Projects-Preservation (5 years); Rehabilitation (10 years); and Reconstruction (20 years). Design Year for Bridge Projects-Preservation (10 years); Rehabilitation (15 years); and Reconstruction (30 years). ESALs will be calculated on a project by project basis subject to route continuity considerations. |

Wilbur Smith Associates 15-Jul-96

Land Use - Pre-existing local or regional conditions such as industrial, retail/commercial, or high density residential land use may suggest the need to change the investment category. However, such considerations should be consistent with town and regional plans, consistent with the strategic capital investment policy found in the Long Range Plan, and should not constitute inducement to sprawl or strip development. Requests for this type of consideration should originate and be supported at the town and regional levels.

7.7 Process

For "Preservation" projects, an initial determination will be made by the Planning and Programming division. Once the initial determination has been made, the project will be forwarded to the appropriate Agency division for action, via the Secretary's office. The scoping process will not normally be carried forward nor will the project be submitted to the PDT for review.

For "Reconstruction" and "Rehabilitation" projects, determination of acceptable project type will be made during the scoping process, according to the defined categories of functional class, ADT, and ESALs in conjunction with town and regional needs. (If the scoping process determines that "Preservation" is appropriate for a given project, the scoping process will not normally be carried forward from the point where the determination has been made, nor will the project be submitted to the PDT for review: the project will be forwarded via the Secretary's office to the appropriate Agency division for action.)

In the small number of situations where unusual circumstances are thought to apply, the scoping team will evaluate the project in light of the additional factors. Additional information or support for such a determination may be expressed by the affected municipality or regional planning commission. Recommendations will be incorporated as appropriate by the scoping team into the Initial Scoping Report, reviewed by the Project Development Team (PDT), and approved by the Director of Planning.

Final approval of LOI determination will be made by the Agency Secretary. For Preservation projects, this will take place at the time of transmittal of the project to the appropriate Agency division for action. For fully scoped projects, this will be integral with the approval of the final scoping report.

Tables

Tables 1 through 4 on the following pages show road mileage breakdowns in Vermont under the LOI policy. 5,000 ADT is used as a breakpoint for urban minor arterials, and 2,500 ADT for major collectors and rural minor arterials. Three different 10-year ESAL levels are also used as breakpoints: 1,500,000 ESALS for urban minor arterials and urban collectors; 800,000 ESALS for rural minor arterials; and 500,000 ESALS for major collectors. The intent of these breakpoints is to separate high-volume roads from low-volume roads in each category, and roads with high levels of truck traffic from those with comparatively low levels.

7.6 Other Factors - Changes to Investment Categories

In the vast majority of circumstances, LOI will apply, based on the criteria shown in the table. However, in a small number of instances where unusual conditions apply, investment categories may change, based on a project-specific analysis.

For example, rural major collectors with less than 2,500 ADT and less than 500,000 ESALs are limited to preservation strategies. However, if local land use (for example access to a quarry site) resulted in a high proportion of heavy vehicles, a rehabilitation strategy could be appropriate. Conversely, where a rural major collector with greater than 2,500 ADT closely parallels an interstate highway, preservation may be appropriate even though it is eligible for rehabilitation.

The following criteria apply to investment in unusual conditions:

Continuity - Duplication of function should be avoided: the spacing and relationship of LOI assigned to highways should form a balanced system, ie. closely-spaced parallel highway routes should not be developed to the same level. Isolated segments of highway without logical termini are also undesirable, ie. LOI should be consistent along a given section of route, with changes at sensible locations from a system-wide perspective.

Safety Problems/Accidents - Safety problems, shown by accident experience with a demonstrated relationship to roadway geometry or condition, should receive consideration in the formulation of all project types.

Structural Deterioration - The structural integrity of pavement, bridge, or drainage structures may indicate that rehabilitation may be more appropriate than preservation. In some instances reconstruction may be warranted if it is determined to be more cost effective than rehabilitation.

When upgrading from preservation to rehabilitation, construction on new alignment or with additional capacity is unlikely to be appropriate and will be the chosen alternative only in exceptional circumstances.

Pedestrian/Bicycle Accommodation - State law requires the paving of shoulders where possible in conjunction with other improvement projects. For rehabilitation projects, this consideration should be addressed within the confines of the existing right-of-way. 10 V.S.A. § 10c(b); 19 V.S.A. §§ 7(d), 7(f)(4), 10c(a), 10c(b); Act 38 1997 § 19c

History

• EFFECTIVE DATE: November 10, 1997 (Secretary of State Rule Log #97-52)

Chapter 020 ADJUDICATING PROCEEDINGS PURSUANT TO VERMONT'S MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS FRANCHISING PRACTICES ACT

14-020 Code Vt. R. 14-010-020-X ADJUDICATING PROCEEDINGS PURSUANT TO VERMONT'S MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS FRANCHISING PRACTICES ACT

SUMMARY: The purpose of these rules is to establish the operating procedures pursuant to which the Vermont Transportation Board (the "Board") will enforce the provisions of 9 V.S.A. Chapter 108, §§ 4083 et seq., the Vermont Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act (the "Act"), which authorizes the Board to regulate business practices among motor vehicle manufacturers, distributors, and dealers.

Section 1 Purpose

A. The purpose of these rules is to establish the operating procedures pursuant to which the Vermont Transportation Board (the "Board") will enforce the provisions of 9 V.S.A. Chapter 108, §§ 4083 et seq., the Vermont Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act (the "Act"), which authorizes the Board to regulate business practices among motor vehicle manufacturers, distributors, and dealers. These rules shall be construed to secure just, speedy, and efficient determination of all matters pending before the Board pursuant to the Act. Procedures not specifically addressed by these rules shall be governed by the Vermont Rules of Civil Procedure (VRCP).

B. These rules govern all actions pending or filed with the Board pursuant to the Act after their effective date.

C. Amendments to these rules will govern proceedings pending on or begun after their effective date except as the Chair determines that the application of one or more of the amendments would not be feasible or would result in injustice.

Section 2 Applicability

These rules govern all practice before the Board pursuant to the Act subject to and in accordance with the Board's enabling statute, 19 V.S.A. § 3 et seq. and the provisions of the Act, 9 V.S.A. Chapter 108, §§ 4083 et seq. These rules shall apply to any person or entity defined by the Act and any intervenor who is involved in a proceeding before the Board pursuant to the Act. These rules guide the Board in carrying out its duties prescribed in the Act.

Section 3 Definitions

Terms used in these rules are defined below or are as defined in the Act or other applicable statutes, including, but not limited to 19 V.S.A. § 1.

A. "Board Chair" and "Chair" mean the Chairperson of the Board or designee, as set forth in 9 V.S.A. § 1.

B. "Complaint" means any complaint, petition, or protest for relief filed pursuant to the Act.

C. "Complainant" means the person or entity commencing adjudicatory action an motion.

D. "Party" means the person commencing an adjudicatory proceeding, all respondents, and all intervenors in a proceeding.

E. "Respondent" means a person or entity against whom an adjudicatory proceeding is initiated under the Act.

Section 4 Vermont Transportation Board

A. The Board. Pursuant to 19 V.S.A. § 3, the Board consists of seven members appointed by the Governor with the advice and consent of the Senate. As appropriate and necessary, the Chair, Hearing Officer, and Board will be advised by legal counsel.

B. The Office of the Board is located at 14 Baldwin Street, Montpelier, Vermont 05602. (802 828-2942).

C. Hearing Officers. To facilitate administration and adjudication of complaints under the Act, the Chair may, pursuant to 19 V.S.A. § 5(c), appoint a Hearing Officer who shall be empowered to act for the Chair in all matters relevant to the Act provided that final decision of the Board following hearing or submission to the Board on the written record complies with the provisions of 19 V.S.A. § 5(c).

Section 5 Representation

A. Pro Se Representation. An individual may appear on his/her own behalf.

B. Upon motion, and with approval of the Chair, a business entity (e.g. corporation, association, partnership), may appear through an officer or partner authorized by the entity's decision-making process to do so; authorization by the entity shall be filed with the motion requesting appearance by an officer or partner.

C. Attorneys. A party may be represented by an attorney authorized to practice law in Vermont. At the discretion of the Chair, an attorney who is not a member of the Vermont bar, but is a member in good standing of the bar of another state, the District of Columbia, or a Territory of the United States may represent a party if a member of the Vermont bar moves that the out-of-state attorney be so permitted and if both the member of the Vermont bar and the out-of-state attorney agree to be actively associated during the proceeding. The member of the Vermont bar so associated shall further agree to accept service of all papers, to sign all papers filed with the Board, and to attend all conferences and hearing as ordered by the Chair. The Chair may at any time for good cause revoke such permission without hearing.

D. Notice of Appearance. An attorney who appears in a representative capacity shall enter an appearance by filing a written notice of appearance, setting forth the attorney's name, business address, and telephone number, and the name and address of the party represented.

E. Withdrawal by an Attorney. An attorney may withdraw from representation of a party only with the approval of the Chair. If an attorney is allowed to withdraw, correspondence will thereafter be forwarded directly to the party or as otherwise directed by the Chair.

Section 6 Standard and Burden of Proof

Proof shall be by a preponderance of the evidence and the burden of proof shall be on the complaining party unless otherwise set forth in the Act. Except as designated or allowed by the Chair, the party which has the burden of proof shall present its case first. This is an area, as with others, where the discretion of the chair is of paramount importance.

Section 7 Commencement of Proceeding

A. A Proceeding under these Rules is started by filing a Complaint under 9 V.S.A. § 4100b et seq. A Complaint may only be amended as a matter of right within ten (10) days of the date of filing. A Complaint shall provide the reason a hearing is requested, the specific section of the Act under which relief is being sought, the facts which form the grounds for the complaint, and the outcome sought.

B. The Chair shall review the Complaint to determine whether any information is inadequate or missing and, if so, shall return it to the party with an explanation of the deficiencies and notice that the party may make corrections and resubmit the complaint within ten (10) days of receipt.

C. A Complaint shall be accompanied by a non-returnable filing fee of $ 1,500.00 (One Thousand, Five Hundred U.S. Dollars) and confirmation of service upon the respondent.

D. The filing of any papers required or permitted to be filed under these Rules is complete when the Board receives the filing by mail, in-hand delivery, or other means specified by the Chair.

E. Non-compliance. If a party fails to comply with this section, the Chair may refuse to accept or consider the Complaint.

F. Nothing in these Rules shall operate to limit the Board's right to require additional information from the complainant or any other party.

G. Except as required under 9 V.S.A. § 4096(6)(C), which requires a hearing within 45 days, the Board shall schedule a hearing to occur within 120 days of the date the Complaint is received and accepted by the Board.

H. The respondent(s) must file and serve an answer within twenty (20) days of receipt of the Complaint, as filed or amended under Paragraph B above. The answer must respond fully to all allegations and plead any and all affirmative defenses, including the factual and legal bases therefor. The answer must present the respondent's position on the issues raised by the Complaint. All defenses or defense issues not presented in the answer are waived. The Chair may allow an answer to be amended for good cause shown based on information obtained during discovery that was otherwise unavailable to the respondent.

Section 8 Form of Papers and Submissions

A. All papers and submissions filed in connection with adjudicatory proceedings shall be in the form of a pleading in a civil matter in the courts of Vermont. They shall contain the names of the parties, a descriptive name of the filing, and Board Case Number, when available.

B. Form. All papers and submissions filed in connection with adjudicatory proceedings, excluding exhibits, shall be typed or otherwise printed on one side of the page of 8.5 x 11 inch paper. The typed matter must be double spaced in at least 12-point type, except that footnotes and indented quotations may be single spaced and in 11-point type, and margins shall be at least one inch on all sides. All pages shall be numbered.

C. Signatures. Every submission filed with the Board by a party represented by an attorney shall be signed by hand by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party not represented by an attorney shall sign the submission and state the party's address and telephone number.

Section 9 Service and Filing of Pleadings and Other Communications

A. Service of the Complaint and answer shall be by certified mail, return receipt requested, or independent delivery service that provides confirmation of receipt.

B. Subject to the provisions of the Vermont Rules of Civil Procedure (VRCP), all papers after the Complaint required to be served upon a party shall be filed with the Board either before service or within five (5) days thereafter. Filing by a party shall constitute a representation by the party, subject to the obligations of the VRCP, that a copy of the paper has been or will be served upon each of the other parties as required by the VRCP. No further proof of service is required unless an adverse party raises a question of notice.

C. Where a party is represented by an attorney, service of papers shall be made upon the attorney; if a party is not represented by an attorney, service shall be to the person who has signed papers on behalf of the party; if more than one person has signed on behalf of a party not represented by an attorney, service shall be on one or more of the persons who have done so.

D. Acknowledgment of Service. For any paper filed under these rules, the filing party shall file the original with the Board along with a statement that copies have been served on every other party or designated representative and specifying for each:

(a) The name and address of the party or attorney, and

(b) The date and manner of service.

Section 10 Number of Copies of Filings and Other Documents

Parti es shall provide an original and eight (8) copies of every pleading, transcript and all other filings or papers filed with the Board.

Section 11 Motions

A. All pre-hearing motions shall be in the form set forth in § 8 above.

B. Content. All motions must:

1. State concisely the question to be determined;,

2. State concisely the factual and legal grounds for the desired order or action;

3. Be accompanied by an attached or incorporated memorandum of law and any supporting documentation; and

4. Be accompanied by a draft order.

C. Timing. No pre-hearing motion may be filed fewer than seven (7) days before the hearing without a showing of good cause and the prior approval of the Chair. The filing or pendency of a motion does not alter or extend any time limit except that a motion to dismiss must be filed within twenty (20) days of the filing of the answer and a motion for summary judgment must be filed within ten (10) days of the close of discovery.

D. Opposition. Any opposition to a motion, except a motion to dismiss or a motion for summary judgment, must be filed within ten (10) days after receipt of the motion. Any opposition to a motion to dismiss or a motion for summary judgment must be filed within fifteen (15) days after receipt of the motion. A party failing to file such opposition shall be deemed to have waived all objections to the motion.

F. Length. No brief, motion, or opposition to a motion to dismiss or motion for summary judgment shall exceed fifteen (15) pages without a showing of good cause and prior approval of the Chair. No brief, motion, or opposition thereto for any other motion shall exceed ten (10) pages without a showing of good cause and prior approval of the Chair.

F. Briefs and Oral Argument. The Chair may in his/her discretion order that additional briefs be filed on any issue and may allow oral argument on any motions.

G. The Chair shall rule on all pre-hearing motions in writing or on the record following oral argument.

Section 12 Computation of Time

A. General Rule. In computing any period of time that is either prescribed or allowed by these rules, or is ordered by the Chair, the day of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, state holiday, or any other day on which state offices are closed, in which event the period runs until the end of the next business day.

For other times when the Board's office does not have staff coverage, the Chair may designate one or more alternate locations for filing papers by in-hand delivery with the Board. If a party wishes to file a submission with the Board by in-hand delivery, the party shall ascertain when the Board's office will have staff coverage and/or the alternate location(s) for filing papers with the Board.

B. Modification. When, by this rule or by order of the Chair, an act is required or allowed to be done at or within a specified time, the Chair for good cause shown, may order the period shortened or extended, except as precluded by statute. The Chair may order the period extended if such a request is made before the expiration of the period originally prescribed or as extended by a previous order; upon motion made after the expiration of the specified period the Chair may permit the act to be done where the failure to act within the specified time was the result of excusable neglect.

C. Shortening Time Limits or Staying Further Processing. The Chair may order accelerated action on a claim without regard to the time limits otherwise provided in these Rules or may order a stay in writing of further processing of a claim on such terms as s/he deems appropriate.

D. Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, three (3) days shall be added to the prescribed period.

Section 13 Intervention

A. Timing. Unless the Chair orders otherwise for good cause shown, persons who seek to intervene in a proceeding must do so by motion, which must be filed and served on all parties no later than fifteen days after the filing of the answer with the Board.

B. The motion must include the name, address and telephone number of the person seeking to intervene, the manner in which the movant is affected by or interested in the proceeding, and the movant's position on the issues raised by the complaint and/or answer.

C. The motion must include a short and plain statement of the nature and extent of the participation sought and a statement of the nature of the evidence or argument that the movant intends to submit.

D. The Chair shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties and may limit the scope of an intervener's participation in any reasonable manner in order to avoid delay or duplication of evidence, or to otherwise protect the rights of the original parties, and/or to preserve Board resources.

Section 14 Prehearing Procedure

A. Pre-hearing Conference. Except as provided below, the Chair shall schedule a pre- hearing conference to take place no later than forty-five (45) days from the filing of the Complaint. The parties shall attend the pre-hearing conference and shall address and consider the possibility of settlement. If the matter is not resolved through the conference, the matter shall be placed on the Board's calendar for hearing. Conference discussions concerning settlement shall remain confidential and shall not be disclosed or used as an admission in any subsequent hearing.

For Complaints filed pursuant to § 4096(6), which requires a final hearing within forty-five (45) days of the filing of the Complaint, the Board will endeavor to schedule a pre-hearing conference to take place not later than fifteen (15) days from the filing of the Complaint.

The parties shall attend the pre-hearing conference and shall address and consider the possibility of settlement. If the matter is not resolved through the conference, the matter shall be placed on the Board's calendar for hearing. Conference discussions concerning settlement shall remain confidential and shall not be disclosed or used as an admission in any subsequent hearing.

1. At least five (5) days before the pre-hearing conference each party shall serve the Board and all other parties with a pretrial memorandum. The memorandum shall, to the greatest extent possible:

(a) identify all issues of fact and law to be raised at the hearing;

(b) list requested admissions or stipulations to facts or documents;

(c) specify the time requested for presentation of the party's direct case and cross examination of witnesses.

Unless otherwise provided, each party will be allotted no more than:

a. Ten (10) minutes for an opening statement;

b. In addition to a and c, no more than four (4) hours - including motions, objections by the opposing party and intervenor(s) to motions, and cross-examination of other parties' witnesses - to present its case; and

c. Ten (10) minutes for a closing statement.

Prior to the hearing, upon request to the Chair, a party may be granted additional time if the Chair determines it is necessary to fully develop the facts or to ensure that all relevant evidence will be received. Each party will be permitted to present relevant evidence and testimony.

(d) identify all witnesses, including experts, and the scope of each witness's testimony;

(e) list requests to use pre-filed direct testimony;

(f) list requests for official notice;

(g) list all outstanding discovery items that the party has requested and discovery to which the party has not responded;

(h) list proposed exhibits; and

(i) list, provide, and identify any other information requested by the Chair.

2. At, or after, the pre-hearing conference the Chair will, with assistance from and after participation of the Parties' representatives:

(a) formulate or simplify the issues of law and fact;

(b) obtain admissions or stipulations to facts and documents;

(c) decide time limits for each party's examination and cross-examination of witnesses;

(d) decide requests for official notice;

(e) address discovery disputes and motions;

(f) determine the admissibility of challenged evidence;

(g) address any requests to use or require the use of prefiled direct testimony;

(h) decide the order of presentation;

(i) arrange for exchange of proposed exhibits, testimony, and evidence;

(j) limit the number of witnesses and extent of witness examinations;

(k) determine scheduling and procedures for the hearing;

(l) rule on pending motions;

(m) schedule the hearing; and

(n) discuss and decide other matters which may expedite the orderly conduct and settlement or adjudication of the proceeding and which justice may require.

3. Good Faith Effort to Resolve Disputes. At the pre-hearing conference, the parties shall be prepared to, and shall in fact, engage in a good faith effort to obtain resolution, and shall arrive with a person authorized to act on settlement proposals. For good cause shown, the Chair may allow the person authorized to act on settlement proposals to participate by telephone or other interactive means.

4. Mediation. The Chair, at his/her sole discretion, may appoint a mediator to facilitate settlement at the pre-hearing conference or to appoint a mediator to convene a settlement conference after the pre-hearing conference. The parties shall split the cost of a mediator as directed by the Chair subject to a final award of costs pursuant to the Act and § 19 of these Rules.

5. Final and Additional Pre-Hearing Conferences. The Chair will conduct a final pre-hearing conference approximately ten (10) days before a scheduled hearing. Each party shall file a trial brief five (5) days before this conference, consisting of a brief statement of not more than five (5) pages explaining the party's case, the standard of proof, and the applicable law. Each party may include proposed findings of fact and conclusions of law. The parties shall review the issues raised at the pre-hearing conference as set forth in subsection 1.A. of this section and shall exchange pre-marked exhibits and witness lists. Exhibits or witnesses not then listed may be excluded at hearing.

The Chair may require the parties to participate in other pre-hearing conferences, which may be conducted by telephone, video, or other electronic means. All pre-hearing conferences shall be held pursuant to the provisions of this section.

6. Prior Board Record as Evidence. In appropriate circumstances, the Chair may designate all or part of the record of prior Board hearings as evidence to be considered in a particular hearing.

7. Recording of Pre-Hearing Conferences. All or part of pre-hearing conferences may be recorded by the Board.

8. Pre-Hearing Conference Reports. The Chair may direct one or more of the parties to draft a pre-hearing Conference Report setting out the issues resolved at the pre-hearing conference and the issues which remain to be decided at hearing, or the Chair may do so her/himself. This pre-hearing conference Report shall be made part of the record and will control the course of the proceedings unless modified by the Chair.

B. Discovery.

1. Except as set forth below or ordered by the Chair, the Vermont Rules of Civil Procedure (VRCP) govern discovery.

2. The parties are required to exchange the following information within thirty (30) days of the filing of the complaint/protest:

(a) The name, address, telephone number, facsimile number and electronic address of the person upon whom service shall be made;

(b) The name of the person who is both knowledgeable on the issues and primarily responsible for responding to discovery;

(c) Copies of all correspondence and communications of all types between the claimant and respondent relevant to the issues presented for the three years prior to the filing of the complaint;

(d) For all relevant times, copies of the franchise agreement(s) in effect, including all addenda thereto, and the sales and service agreement(s) in effect, including all addenda thereto relevant to the issues in the proceeding;

(e) Copies of all relevant material concerning manufacturer's service bulletins, recall notices, incentive programs, allocation standards, advertising standards or rules, and customer survey information.

C. Pursuant to the VRCP, all parties shall have the right to take depositions and serve interrogatories, requests for production of documents, and requests for admission upon any party, subject to the following terms and procedures.

Interrogatories and Requests for Production of Documents Pursuant to the Vermont Rules of Civil Procedure must be exchanged within twenty (20) days of service of the answer.

Objections to interrogatories, requests for production of documents, and/or requests for admission shall be filed with the Board no later than seven (7) working days after receipt unless some other period is prescribed by order of the Chair.

3. Except as to any part of a discovery request to which specific and timely objection is made, discovery requests shall be answered within fifteen (15) days after receipt or such other period as may be ordered by the Chair. In instances in which timely objection has been made and the objection is subsequently overruled, the requested information, document or admission shall be provided within seven (7) days of the denial.

4. The Chair may appoint one or more persons to serve at the deposition(s) of out-of-state witnesses.

D. Confidential or Proprietary Information.

A party may seek protection for information contained in any pleading, document, exhibit, testimony or any other information provided to the Board that it considers proprietary or confidential under Vermont law. The party seeking such protection must file a motion for protective order setting forth the information sought to be protected and the basis under Vermont law for the protection. The Board and all parties shall treat all information that is the subject of a motion for protection as confidential and proprietary until the Chair issues a ruling denying the motion for protection. If the Chair grants the motion, the ruling shall specify the requirement(s) for protection, which may include confidentiality agreement(s).

E. Sanctions.

1. Failure of a party to comply with an order of the Chair issued pursuant to this Chapter shall be grounds for dismissal of the complaint, entry of a default judgment, or dismissal of an intervenor from the proceeding. The dismissal or default shall be with prejudice unless otherwise stated in the order of dismissal or default and is final unless the Board finds that the failure to comply was the result of excusable neglect.

2. Any motion to compel discovery shall be decided without hearing unless the Chair determines there are genuine issues of fact which require review.

Section 15 Adjudicatory Proceedings

A. The Board shall notify the parties of the date, time, location and scope of the hearing.

B. In addition to other duties and powers contained in these rules, the Chair has the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the presentation of books, records and other evidence relevant or pertinent to the issues presented to the Board for determination.

C. Subpoenas.

1. The Chair may issue subpoenas at the request of any party to require the attendance and testimony of witnesses and the production of any evidence relating to any issue of fact in the proceeding.

2. The Board may prescribe the form of subpoena, but it shall adhere, insofar as practicable, to the form used in civil cases before the Vermont courts. Witnesses shall be subpoenaed only within the territorial limits and in the same manner as witnesses in civil cases before the Vermont courts unless another territory or manner is provided by law. The fees for travel and attendance of witnesses shall be the same as for witnesses appearing before a district court. Such fees, as well as the costs of serving the subpoena, shall be paid by the party requesting the subpoena.

3. It is the responsibility of the requesting party to serve the subpoena on the named individual. When a witness is subpoenaed, the witness travel and attendance fees must then be provided. If a party subpoenas a witness and then decides not to call that witness, the requesting party must give notice of its intent not to call that witness to the other parties to the proceeding and to the Board or the Chair at least forty-eight hours before the witness is scheduled to appear. A subpoena for documents will generally require the production of the documents at the initial pre-hearing conference.

4. Any witness subpoenaed to testify or produce documents may move the Chair to quash or modify an issued subpoena. The grounds to quash or modify a subpoena shall be those set out in the Vermont Rules of Civil Procedure. The Chair may grant the motion in whole or in part upon a finding that the testimony or the evidence sought to be provided does not relate reasonably directly to any matter in question, or based upon a finding that the movant did not have a reasonable time to comply with the subpoena, or that the subpoena was otherwise unreasonable or oppressive.

5. Any person served with a subpoena who fails to obey the subpoena without adequate excuse, may be found in contempt. The standards for finding contempt shall be those set out in the Vermont Rules of Civil Procedure.

D. Misconduct at a Hearing is subject to the sanctions set forth in the Vermont Rules of Civil Procedure and Vermont law.

E. Board Member Withdrawal.

1. Upon the filing in good faith by a party of a timely charge of conflict of interest or of personal or financial interest, direct or indirect, of a presiding officer or Board member in the proceeding requesting that that person disqualify him/herself, that person shall determine the matter as a part of the record.

2. If a Board Member withdraws, or it becomes impracticable for him/her to continue to participate in the hearing, the remaining Board members shall continue with the hearing if they constitute a quorum.

F. Quorum. Four members of the Board shall constitute a Quorum. A quorum may take action authorized by the Act by a vote of a majority of the members present. However, any decision or order of the Board based upon a report or findings of a hearing officer shall be rendered by a majority of the Board. 19 V.S.A. § 5(c).

G. Ex Parte Communication. The parties may not communicate directly or indirectly with the Chair or any member of the Board in connection with any issue of fact, law, or procedure, except upon notice and opportunity for all parties to participate.

H. Record.

1. Generally. In proceedings subject to this chapter, the Board shall make a record consisting of:

(a) The complaint, answer, pleadings, motions, and rulings and orders thereon;

(b) Evidence received or considered;

(c) A statement of facts officially noticed;

(d) Offers of proof objections and rulings thereon; and

(e) The decision of the Board.

2. Hearings Recorded. The Board shall record all hearings in a form susceptible to transcription. The Board shall transcribe the recording when necessary for the prosecution of an appeal. At the request of either the complainant or respondent, the record shall be taken by a court reporter. The expense of a court reporter shall be paid by the requesting party, subject to a final award of costs.

3. Record, Copies. The Board shall make a copy of the record including recordings made pursuant to subsection 2, available at its principal place of operation for inspection by any person during normal business hours, and shall make copies of the record, copies of recordings, or transcriptions of recordings available to any person at actual cost, including staff and other person's time and expenses. Notwithstanding the provisions of this subsection, the Board shall withhold, obliterate, or otherwise prevent the dissemination of any portions of the record that are made confidential by state or federal law, but shall do so in the least restrictive manner feasible. After the hearing, confidential information shall be sealed within the record and may not be further disclosed except upon permission of the party that obtained the confidential treatment, order of the Board, or order of a court of competent jurisdiction.

4. Decision on the Record. All material, including records, reports and documents which the Board desires to avail itself as evidence in making a decision shall be offered and made a part of the record and no other factual information or evidence shall be considered in rendering a decision.

Documentary Evidence. Documentary evidence may be incorporated in the record by reference when the materials so incorporated are made available for examination by the parties before being received in evidence.

Section 16 Hearings and Evidence

A. Hearings.

1. Presentation. Except as designated or allowed by the Chair, the party which has the burden of proof shall present its case first, followed by the respondent(s), then by any intervenor(s), and then by rebuttal/surrebuttal as appropriate and allowed by the Chair.

2. Openings and Closings. Opening and closing statements may be made at the Chair's discretion.

3. Stipulations. With the approval of the Chair, the parties may stipulate to facts at issue on the record either orally or in writing, and shall be bound thereby.

B. Evidence. The Board shall accept evidence as follows:

1. Evidence that is relevant and material to the subject matter of the hearing and is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible.

2. Irrelevant, immaterial, or unduly repetitious evidence will be excluded by the Chair.

3. Expert evidence must be within the expertise of the witness and requires the laying of an adequate foundation.

4. The Board may use its experience, technical competence, and specialized knowledge in evaluating the evidence submitted.

5. The Board may designate all or part of the record of prior hearings before the Board as evidence to be considered in a particular hearing.

6. Cost Conclusions. No conclusory statements regarding costs will be considered unless supported by actual cost data based on actual operations of manufacturers and/or dealers, as appropriate. Projections or estimates of costs may be presented, but in cases of such projections or estimates, the actual costs or other data upon which such projections or estimates are based must be provided.

7. Confidential Information. If the Chair has granted a motion for protection of confidential information, during the introduction of such information or testimony on such information, the proceeding will be open only to the Board, parties, parties' representatives, counsel of record, and the witness testifying regarding the information. Access to the information is limited to these persons. After the hearing, the confidential information will be sealed within the record and may not be further disclosed except upon permission of the party that obtained the confidential treatment, order of the Board, or order of a court of competent jurisdiction.

8. Rules of Privilege. The Board shall observe the rules of privilege recognized by law.

9. Amendments to Conform. Upon objection at hearing that evidence presented is not within the issues set out in the pleadings, the Chair may freely allow the pleadings to be amended when it will aid in the presentation of the merits of the action and the objecting party fails to satisfy the Board that the admission of the evidence would prejudice it in maintaining its action or defense upon the merits. The Board may grant a continuance to enable the objecting party to meet that evidence. Upon the request of a party at the conclusion of the hearing, the complaint or response may be specifically amended to conform to the evidence.

10. All documents, materials and objects offered in evidence as exhibits shall be numbered or otherwise identified.

11. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.

12. The Chair may require that any person offering any documentary or photographic evidence provide the Board with a specified number of copies of such documents or photographs, unless such documents or photographs are determined to be of such form, size, or character as not to be reasonably susceptible of reproduction.

C. Testimony.

1. Prefiled Testimony. Prefiled testimony shall be in writing and in a question and answer format as if the witness were testifying at the hearing. It shall be double spaced and shall include the number of each line in the lefthand margin, except as otherwise permitted by the Chair. If the testimony is more than three pages long, it shall include a Table of Contents identifying each issue which was the subject of testimony. It must be served on the Board and all parties at least ten days before the hearing, or such other time as the Chair designates. All witnesses whose testimony was prefiled must be physically present at the hearing for cross-examination.

2. Testimony by written or video-recorded deposition: A party may move to present testimony by written or video-recorded deposition in accordance with the Vermont Rules of Civil Procedure.

D. Witnesses.

1. With the exception of testimony presented by written or video-recorded deposition, or, at the discretion of the Chair, telephonic testimony, a witness presenting testimony must be present physically at the hearing.

2. All witnesses shall be sworn by oath or affirmation. An interpreter shall be administered an oath or affirmation to translate truthfully and accurately, to the best of his/her ability, all questions asked and answers given. Once a witness has taken an oath or made an affirmation at any hearing, it shall not be necessary for him/her to be sworn again for later testimony on the same day and in the same case. The record of the proceeding shall indicate that a person was recalled to testify and reminded that s/he was still under oath or affirmation.

(a) After a witness is sworn, the parties may conduct direct and cross examination, re-direct and re-cross examination. Further examination by the parties is permissible only if the Chair so directs. If the witness submitted pre-filed testimony, further direct testimony is subject to approval by the chair,

(b) The Chair and any Board Member may examine a witness at any time during the testimony of that witness.

(c) The parties may present rebuttal witnesses and conduct surrebuttal as the Chair so directs in the exercise of his/her discretion.

(d) Limitations. The Chair may limit the number of witnesses and/or the extent of witness testimony.

E. Sequestration of Witnesses.

1. Upon request by a party, or on its own initiative, the Chair may exclude witnesses other than parties from the hearing room when those witnesses are not testifying.

2. A party that is not a natural person may designate an individual as its representative to remain in the hearing room.

3. The witnesses, parties, their counsel, and any person under their direction shall not disclose to any sequestered witness the substance of the testimony, exhibits, or other evidence introduced during the witness's absence.

F. Objections

1. Objections shall be timely made during the course of the hearing and the basis of each objection shall be stated briefly on the record. The Chair may rule on the objection at the time it is made or may reserve a ruling until later, as appropriate.

2. Preserving Objections. Objections to rulings admitting or excluding evidence and other rulings or orders of the Chair shall be made and preserved, and may be appealed in accordance with applicable law. Exceptions to rulings or orders of the Chair shall not be made. It is sufficient that a party, at the time the ruling or order of the Chair is made or sought, makes known to the Chair the action which the party desires the Chair to take or the party's objection to the action of the Chair and the grounds therefor.

G. Offers of Proof.

An offer of proof may be made in connection with an objection to a ruling of the Chair excluding or rejecting any testimony or question on cross examination. Such offer of proof shall consist of a statement of the substance of the proffered evidence or what is expected to be shown by the answer of the witness.

H. Close of Evidence.

Once a party has rested its case, it may introduce no further evidence without the Chair's consent.

I. Conduct at Hearings.

1. All persons appearing at a hearing before the Board shall conform to the conduct expected in the Superior Court of the State of Vermont.

2. Contemptuous, disorderly, or improper conduct by any person appearing at a hearing shall be grounds for the Chair to exclude or expel that person from the hearing or to take other appropriate action.

J. Adjudication on Documentary Record. The Chair may choose not to hold a hearing, or a part thereof, if all parties waive their respective right to the hearing and agree to submit to adjudication based on the documentary record.

K. Official Notice.

The Board may, at any time, take official notice of relevant laws, official regulations and transcripts of other Board hearings, judicially recognizable facts, generally recognized facts of common knowledge to the general public, and physical, technical, or scientific facts within its specialized knowledge. The Board shall make a record of those facts of which it took official notice.

Section 17 Decisions of the Board

A. Only matters appearing on the record in the form of testimony, documentary, or other properly submitted evidence, and judicially noticed material may form the basis for the Board's decision(s). All decisions shall be reached on the basis of a preponderance of the evidence. A decision of the Board is final as to all factual and legal issues presented.

B. Every decision made at the conclusion of a hearing subject to these Rules shall be in writing and shall include findings of fact sufficient to apprise the parties and any interested member of the public of the basis for the decision.

C. A copy of the decision(s) shall be delivered or promptly mailed to each party to the proceeding or his/her representative of record.

D. The Board shall maintain a record of the vote of each Board member with respect to the decision(s). For the purpose of rendering a decision, four (4) members of the Board, including the Chair, shall constitute a quorum. However, any decision or order of the Board based upon a report or findings of a hearing examiner shall be rendered by a majority of the Board. 19 V.S.A. § 5(c).

E. The Chair may vote to break or create a tie and shall vote whenever fewer than four (4) other Board members have voted for a decision.

F. Within twenty (20) days after any order or decision of the Board, any party to the proceeding may apply for a rehearing with respect to any matter determined in the proceeding or covered in the order or decision. The application for rehearing shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No ground not set forth in the application for rehearing shall be urged, relied on, or given consideration by the Board unless the Board, for good cause shown, allows the appellant to specify additional grounds. 9 V.S.A. § 4100 b(h).

G. No appeal from any order or decision of the Board shall be taken unless the appellant makes an application for rehearing as provided in this subsection and the Act. 9 V.S.A. § 4100b(h).

H. A party aggrieved by a final board decision may appeal that decision to the Superior Court pursuant to the Act, 19 V.S.A. § 5(g), and the Vermont Rules of Civil Procedure, except in cases filed under 9 V.S.A. § 4096(6).

Section 18 Penalties

Any party to any proceeding under the Act who recklessly or knowingly fails, neglects, or refuses to comply with an order issued by the Board shall be fined a civil penalty not to exceed $ 2,500.00 (Two Thousand, Five Hundred U.S. Dollars). Each day of noncompliance shall be considered a separate violation of such order. 9 V.S.A. § 4100b(i).

The Board shall determine the amount based upon:

A. The seriousness of the violation, including the nature, circumstances, extent and gravity of the prohibited acts and the harm or potential harm to the safety of the public;

B. The economic damage to the public caused by the violation;

C. The harm done to other parties;

D. Any previous violations;

E. The amount necessary to deter future violations;

F. Efforts made to correct the violation; and

G. Any other matters that justice may require.

H. Any party may seek any sanctions provided for by the Vermont Rules of Civil Procedure.

Section 19 Fees and Costs

In cases where the Board finds that a violation of the Act has occurred or there has been a failure to show good cause under Section 4098 of the Act, the Superior Court, upon petition, shall determine reasonable attorney's fees and costs and award them to the prevailing party. 9 V.S.A. § 4100b(i).

Section 20 Appeal of Sanction Imposed by Board

Any decision or order of the Board shall remain in full force and effect pending the outcome of the appeal or expiration of the decision or order imposed unless otherwise ordered by the Court.

Section 21 Severability

If any provision in these rules or the application thereof to any person of circumstance is held invalid, the invalidity shall not affect other provisions or applications of the rules which can be given effect without the invalid provisions and applications, and to this end, the provisions of these rules are severable.

History

• STATUTORY AUTHORITY: 9 V.S.A. § 4100b(b) and 19 V.S.A. § 5(d)(11)
• EFFECTIVE DATE: April 30, 2011 Secretary of State Rule Log #11-019
• STATUTORY AUTHORITY: 9 V.S.A. § 4100b(b)

Chapter 021 NAMING TRANSPORTATION FACILITIES

14-021 Code Vt. R. 14-010-021-X NAMING TRANSPORTATION FACILITIES

Section I Purpose

These rules shall govern proceedings before the Board to name transportation facilities pursuant to 19 V.S.A. § 5(b).

Section II Authority

The Board adopts these rules pursuant to 19 V.S.A. § 5(b)(2).

Section III Definitions

A. Board means the Vermont Transportation Board.

B. Chair means the Chair of the Board.

C. File means receipt at the Board's offices in Montpelier by the means specified by these Rules, the Chair, or the Board.

D. Issue means send or publish by the Board in either paper or electronic form.

E. Petition means a petition to name a transportation facility.

F. Petitioner means an organization, individual, or group of individuals that files a petition.

G. State means the State of Vermont.

H. Supplemented petition means a petition containing information that responds or purports to respond to a determination by the Chair or the Board that a petition is not substantially complete.

I. Transportation facility means a transportation facility owned, controlled, or maintained by the State of Vermont. Transportation facilities shall include, without limitation, highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers or discrete parts of any transportation facility.

Section IV Commencement of Proceedings

A proceeding on naming a transportation facility shall be commenced by filing a petition with the Board. The Board shall not commence place-naming proceedings or name or rename transportation facilities on its own initiative.

Section V Petition Contents and Filing

A. Petitioners

1. A petition shall be filed only by the legislative body of a municipality of the State, the head of an executive branch agency or department of the State, or at least 50 Vermont residents of at least 18 years of age. The Board shall not accept or consider any other petitions.

2. Petitions filed by at least 50 Vermont residents shall include the printed name, signature, and complete mailing and street address of each petitioner. The petition shall make clear that all signatories certify by their signatures that they are at least 18 years old. All information shall be legible.

B. Petitioner Contact

1. Every petition shall designate a contact to send and receive communications to and from the Board.

2. Petitioners shall promptly notify the Board in writing of any change in their petitioner contact or petitioner-contact information required by section V. D, below.

C. Naming Information

All petitions shall include the following in writing:

1. A justification of the proposed name.

2. The exact location of the transportation facility to be named, including each municipality in which any part of the transportation facility is located.

3. Information demonstrating the transportation facility is owned, controlled, or maintained by the State.

4. All administrative departments or agencies of each municipality or the State responsible for owning, controlling, or maintaining the transportation facility.

5. Any and all official or unofficial current names of the transportation facility and the basis for this information.

6. The names and addresses of all public and private organizations and individuals with rights, title, or property interests in the transportation facility. For highways and other linear rights of way in which the number of organizations or individuals with rights, title, or property interests in the transportation facility would be too large to practicably specify, the petition shall so state.

D. Signature

The petition and related materials shall be signed on the last page by the designated petitioner contact and shall list the printed name, address, phone number, and email address of the petitioner contact immediately under the signature.

E. Filing

One original hard copy of each petition shall be filed with the Board by delivery or U.S. Mail addressed to Executive Secretary, Transportation Board, 14 Baldwin Street, Montpelier, VT 05620.

Section VI Completeness of Petitions

A. Within 30 days after the petition is filed, the Chair shall issue a written determination to the petitioner stating whether a petition is substantially complete. A determination that a petition is not substantially complete shall succinctly explain why.

1. A petitioner shall have 30 days from the date of a written determination by the Chair that a petition is not substantially complete, or such other time as the Chair may specify in writing, to complete the petition as required by the Chair or to file a written request for review of the Chair's determination by the Board. The Board shall issue a written decision on any such request for review within 60 days after the request is filed. The petitioner shall have 30 days from the issuance of a written decision by the Board, or such other time as the Board may specify in writing, to complete a petition that the Board has decided is incomplete.

2. The Chair shall dismiss an incomplete petition that has not been completed in a timely fashion or issue a written determination that a petition has been completed as the Chair or the Board ordered no later than 30 days after the Board receives a supplemented petition.

B. Nothing in these Rules shall operate to limit the Chair's or the Board's rights to request additional information from the petitioner or any other individual or organization at any time after the Chair or the Board determines that a petition is substantially complete.

Section VII Board Research and Investigations

A. After receipt of a substantially complete petition, and any time before making a final decision on the petition, the Board, in its discretion, may research or investigate any matters potentially relevant to the proposed name, including without limitation the following:

1. The history of the transportation facility.

2. The history of the proposed name.

3. The history and reputation of any proposed namesake.

4. Other uses of the proposed name within the State and elsewhere.

5. Information provided in a petition or in comments or testimony relating to the petition.

B. In the course of researching or investigating any matters pursuant to section VII. A, above, the Board may consult any resources potentially relevant to these matters, including without limitation the following:

1. Books, treatises, news reports, statutes, regulations, legal decisions, and web resources.

2. The petition's designated representative and other petition signatories.

3. Departments or agencies or any officials of any state or national government.

4. Municipal officials.

5. Other organizations (including but not limited to chambers of commerce, regional planning commissions, historical societies, or other non-profit organizations).

6. Family, associates, or others who may be familiar with any individual whose name is being proposed.

Section VIII Notice of Hearing and Opportunity to Comment

A. The Board shall warn all public meetings relating to a petition in accordance with applicable law. In addition, the Board shall take at least the following actions to provide notice of public hearings on petitions:

The Board shall send the petitioner contact a letter or email message with the date and location of each public hearing at least 30 days prior to each hearing.

2. The Board shall publish notice of each public hearing on the Board's website at least 30 days prior to each hearing.

3. The Board shall publish notice of each public hearing at least once in a newspaper of general circulation in each municipality where the transportation facility proposed for naming or any part thereof is located at least 14 days prior to each hearing.

4. The Board shall provide notice of each public hearing to the municipal clerk, the legislative body of the municipality, and the municipal manager ((if there is one) in each municipality where the transportation facility proposed for naming or any part thereof is located with a request to post the notice in a public place at least 30 days prior to each hearing.

The Board shall provide notice of each public hearing by U.S. Mail or email at least 30 days prior to each hearing to VTrans' mapping unit, the transportation district in which the facility is located, and any and all other administrative departments or agencies of each municipality, the State, or the Federal Government responsible for owning, controlling, or maintaining the transportation facility.

6. The Board shall provide notice of each public hearing by U.S. Mail or email at least 30 days prior to each hearing to all known public and private organizations and individuals with rights, title, or property interests in the transportation facility, unless the number of those individuals or organizations is impracticably large.

7. The Board shall provide notice of each public hearing by U.S. Mail or email to anyone who files a request to be notified with the Board at least three business days prior to each hearing.

8. The Board shall provide notice of each public hearing by U.S. Mail or email at least 14 days prior to each hearing to the Vermont Regional Planning Commission that has jurisdiction over the town where the transportation facility is located.

B. Each notice enumerated in sections VIII.A.1 through 8, above, shall include the following information:

1. A summary of the petition, including the information enumerated in sections V.C.1 through 6, above.

2. The identity of any organizational petitioner or a statement that the petitioner is a group of individuals.

3. The location and time of the public hearing.

4. A statement that the full petition and these rules are available on the Board's website.

5. The opportunity to comment on the petition by mail, delivery, or email; the street address and the email or website address to which comments must be addressed; and the deadline for submitting written comments.

Section IX Conduct of Hearings and Deliberations

A. The Board's proceedings on naming transportation facilities shall not be rulemaking proceedings, quasi-judicial proceedings, or contested cases, and the Board shall not be bound by 3 V.S.A. Chapter 25 in carrying out its duties to name transportation facilities.

B. The Board shall hold at least one public hearing on all complete petitions, except the Board may dismiss any complete petition without a public hearing or public comment if the Board determines in a written order supported by written findings of fact that the petition is frivolous or vexatious.

C. In its discretion, the Board may hold more than one public hearing and may hold hearings in more than one location. The Board may hold one or more public hearings through realtime electronic media, except the Board must hold at least one in-person public hearing in at least one county where the transportation facility is located.

D. The Board in its discretion may reasonably limit the time for any hearing, the time that anyone may testify at a hearing, or the number of people who may testify at a hearing. Subject to these limitations, the Board shall accept testimony from any interested person.

E. The rules of evidence shall not apply, and members of the public shall not be entitled to examine or cross examine witnesses. Witnesses shall testify in a sequence determined by the Board.

F. The Board shall accept written comments on all complete petitions. The comment period shall close 30 days after the date of the last public hearing, unless extended by the Chair. The Board may choose not to consider any written comments filed with the Board after the close of the comment period. The Board shall specify in its hearing notices whether and how it will accept comments by email and when the comment period will close. The Board shall promptly post written comments on its website, and comments shall remain posted at least until the Board's decision on the petition is final.

G. The Board shall deliberate on petitions to name transportation facilities at meetings open to the public and not in deliberative session. However, the Board is not required to deliberate at or immediately following a public hearing on a petition or in any particular location. The Board may go into executive session as permitted by applicable law.

H. The Board may vote for or against a petition even if no one appears at a public hearing to testify for or against the proposed name.

Section X Decisions of the Board

A. In making its decision on a petition, the Board shall consider the petition, public testimony, and written comments submitted within the comment period, and the Board may also consider any other information that the Board receives, whether or not solicited or collected on its own accord.

B. Every decision on a petition shall be in writing and shall include findings of fact sufficient to apprise the petitioner and any interested person of the basis of the decision in view of the petition and the testimony and timely comments received.

C. The decision shall reflect the vote of each Board Member on the petition. For the purpose of rendering a decision, four members of the Board, which may or may not include the Chair, shall constitute a quorum. Any decision or order of the Board, including any decision or order based on a report or findings of a hearing officer or single Board member, shall be rendered by a majority of the Board.

D. The Board shall send a copy of the decision by U.S. Mail or email to the petitioner contact and anyone who files a request to be notified with the Board at least three business days prior to the Board's issuance of the decision and shall simultaneously publish the decision on its website. In addition, the Board shall notify VTrans' mapping unit; each transportation district in which the transportation facility or any part thereof is located; any and all other administrative departments or agencies of each municipality, the State, or the Federal Government responsible for owning, controlling, or maintaining the transportation facility; and all known public and private organizations and individuals with rights, title, or property interests in the transportation facility, unless the number of those individuals or organizations is impracticably large.

Section XI Record

A. The Board shall record all public hearings on petitions in a manner susceptible to transcription. At the request of any interested person, the record shall be taken by a court reporter. The expense of a court reporter shall be paid by the requesting person. These Rules do not require the Board to record its deliberations or other discussions of petitions.

B. The record shall consist of the following:

1. The petition.

2. The audio recording of all public hearings and any available hearing transcripts.

3. All timely written comments on the petition.

4. The findings of fact and decision of the Board.

Section XII Naming Standards

The Board's standards for naming transportation facilities may include but are not necessarily limited to the following considerations:

A. The Board shall not name any transportation facility after a living person, any existing partnership or corporation, or any other existing legally organized business or non-profit entity, provided however, that the Board may name a transportation facility after a family with living members or an existing group or association of people that has not been legally organized.

B. The Board may rename a transportation facility that already carries an official or unofficial name, provided however, that the Board shall give due consideration to the traditional value of established official and unofficial names before replacing them with new ones.

C. The Board may consider using first names, middle names or initials in addition to last names to help avoid confusion about the identity of a transportation facility's namesake.

D. The Board may reject proposed names that a person or group may reasonably find offensive or divisive.

E. The Board may reject names that may promote a particular product or service or a social or political cause.

F. The Board may reject names that may disparage the dignity of the State, its people, or its traditions.

G. When considering a proposal to name a transportation facility after a person or family, the Board may consider whether the person or family made some significant contribution to the transportation facility or the region where the transportation facility is located or earned a favorable local, regional, national, or international reputation or whose character and integrity, whether or not accompanied by fame or fortune, warrant remembrance.

H. The Board may name a transportation facility after historic events, flora, or fauna and may give favorable consideration to event names that characterize the best of Vermont and its traditions; names with local, regional, or state significance; names with long usage; and names that preserve or advance historical awareness or ecological responsibility.

I. The Board may reject names that duplicate the name of other facilities or features in the State or elsewhere.

J. The Board discourages long or cumbersome names and may reject a petition on that basis or modify the proposed name in accordance with section XII. K, below.

K. The Board, at its discretion, may modify any proposed name for ease of use through capitalization, punctuation, abbreviation, spelling, or any other grammatical standard it finds appropriate, including but not limited to the elimination of dashes, slashes, and apostrophes.

L. The Board may consider possible alternative names in its evaluation of a proposed name, and the Board may reject a proposed name in view of the possible alternative, but except as provided by paragraph XII.K, above, the Board may not adopt an alternative name in the absence of a petition to do so.

Section XIII Signs and Maps

These Rules do not require or authorize the installation or maintenance of any sign or the creation or modification of any map to reflect the adoption of a name for any transportation facility.

Section XIV Computation and Enlargement of Time

A. In computing any period of time prescribed or allowed by these Rules, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless this day is a Saturday, Sunday, state or federal legal holiday, or a day on which the office is officially closed due to weather or other circumstances, such as the day after Thanksgiving, in which event the period runs until the end of normal office hours the next day which is not a Saturday, Sunday, state or federal legal holiday, or other day on which the office is officially closed. The day that a decision or order is issued shall be that date on which it has been certified that the decision or order has been placed in the U.S. Mail or email for delivery to interested persons or petitioners or published on the Board's website, whichever occurs first. The term "day" refers to calendar day.

B. The Board or the Chair, upon written request or a request on the record at a public hearing, or on its own initiative, may enlarge the time prescribed by these Rules or by its order for doing any act, or may permit an act to be done after the expiration of such time provided that such enlargement will not result in undue delay or disruption of the Board's schedule.

Section XV Delegation of Authority

The Board may delegate the responsibility to hold a hearing to a hearing officer or to a single Board member, subject to 19 V.S.A. § 5(c).

Section XVI Consolidation

The Board or the Chair may consolidate proceedings on petitions in order to promote procedural or fiscal efficiency or to enhance public participation.

Section XVII Waiver of Rules

In order to prevent unnecessary hardship or delay, in order to prevent injustice, or for other good cause, the Board, by a 2/3 majority, may waive the application of any of these Rules upon such conditions as the Board or the Chair may require, except where precluded by statute.

Section XVIII Appeals

Any person aggrieved by a decision of the Board that a petition is or is not substantially complete or a decision of the Board to grant or deny a petition in whole or in part may appeal that decision on the record to the Superior Court pursuant to 19 V.S.A. § 5(b)(2) and Rule 74 of the Vermont Rules of Civil Procedure. Nothing in this section is intended to confer legal standing in Superior Court on any person who files an appeal.

History

• STATUTORY AUTHORITY: Act 40 of 2015 Section 27, codified as 19 V.S.A. Section 5(b)
• EFFECTIVE DATE: April 6, 2016 Secretary of State Rule Log #16-009

Subagency 050 MOTOR VEHICLES DEPARTMENT

Chapter 022 INSPECTION OF MOTOR VEHICLES

14-022 Code Vt. R. 14-050-022-X INSPECTION OF MOTOR VEHICLES

PERIODIC INSPECTION MANUAL

Official Inspection Station Owner/Operator and Certified Inspection Mechanics:

As an official inspection station and/or a certified inspection mechanic, you are agents of the State of Vermont's Department of Motor Vehicles (DMV). The expectation is that all agents will uphold the standards outlined in this rule and educate the customer regarding any relevant rejection or advisory inspection criteria outlined in this manual.

The procedures outlined herein should be carefully studied and frequently reviewed by applicable employees of your organization. Be thoroughly familiar with all the provisions, regulations and laws contained herein, as full compliance will be required of all concerned.

Failure to comply with all provisions, regulations, and laws pertaining to motor vehicle inspections may result in the assessment of administrative penalties, a fine, and/or suspension or revocation of the mechanic's certification or the appointment of an inspection station.

Your station number or mechanic's certification number should be placed on all correspondence pertaining to inspections, and such communications should be addressed to:

Agency of Transportation

Department of Motor Vehicles

Enforcement & Safety Division

Inspection Unit

120 State Street

Montpelier, VT 05603-0001

Any inspection station or mechanic needing assistance regarding inspection requirements may contact the Enforcement and Safety Division of the Department of Motor Vehicles at (802) 828-2094 between 7:45 A.M. and 4:30 P.M., Monday through Friday, except holidays.

Effective Date

18-P 16 - Agency of Transportation/Rules Governing Inspection of Motor Vehicles shall become effective December 1, 2019.

DEFINITIONS

49 C.F.R. 570: The Federal Motor Vehicle Safety Standards Code of Federal Regulations as it relates to the inspection of motor vehicles. ( 23 V.S.A. § 1001(b) )

Antique Vehicle: Exhibition vehicles 25 years old or older that qualify for "Antique Car" number plates. (DMV Rules)

Authorized Emergency Vehicle: A fire department vehicle, police vehicle, public or private ambulance, and a vehicle to which a permit has been issued pursuant to subdivision 1252(a)(1) or (2) of this title. ( 23 V.S.A. § 4(1))

Autocycle: A three-wheeled motorcycle:

1. In which the occupants sit with their legs forward.

That is designed to be controlled with a steering wheel and pedals.

3. That is equipped with safety belts for all occupants.

Automated Vehicle Inspection Program (AVIP): The hardware and software that collectively allow for the Inspection Program to collect and disseminate information electronically. ( 23 V.S.A. § 1222, 1229 )

Certificate of Inspection: The nontransferable inspection sticker (and accompanying number of expiration month) that is issued by an inspection mechanic to a vehicle to certify the vehicle has successfully passed all the state's inspection requirements. Any lost certificate of inspection must be reported to the DMV immediately. All voided inspections must be documented in the AVIP. All voided stickers are to be returned to the Enforcement and Safety Division of the DMV. (23 V.S.A. § 1222 , 1223, 1224, 1282)

Certified Inspection Mechanic: Any individual who is at least 18 years of age and has successfully completed the certified inspection mechanic exam, which indicates that the individual is qualified and capable of conducting safety and emissions inspections of the vehicle(s) for which he/she is certified. (23 V.S.A. § 1227)

Commercial Fleet Inspection Station: A company or business that has been designated by the commissioner as an official commercial fleet inspection station. A commercial fleet inspection station must have 5 or more motor vehicles registered in the name of the company or business and meet all the requirements for designation as an official inspection station. Commercial fleet inspection stations are authorized to inspect only those vehicles registered to the company or business. ( 23 V.S.A. § 4(64))

Condition of Vehicle: A motor vehicle, operated on any highway, must be in good mechanical condition and must be properly equipped. ( 23 V.S.A. § 1221)

Emergency Warning Lamps: Lamps that provide a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be a rotating beacon or pairs of alternately or simultaneously flashing lamp(s). (23 V.S.A. § 1251, 1252, 1253, 1255)

Exhibition: A designation for any motor vehicle maintained solely for use as an exhibit at club activities, parades, and other functions of public interest. These could include trailers as well as other vehicles and might be early-model or late-model vehicles or vehicles of special design, such as trick cars or replicas of railroad locomotives or railroad box cars. ( 23 V.S.A. § 373 )

Frame: The main longitudinal structural members of the chassis of the vehicle or, for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle, which may include rocker panels, cross members, body mounts, engine mounts, and engine cradle.

Fully Enclosed Autocycle: An autocycle equipped with a windshield and full top and side enclosures capable of supporting the vehicle's weight and of protecting the occupants when the vehicle is resting on the enclosures.

GVWR: The manufacturer's specified gross vehicle weight rating (maximum design loaded weight of a single vehicle), whether or not the vehicle is modified by use of parts installed by the original manufacturer or a secondary manufacturer.

Hearing: A proceeding where parties present evidence in front of a hearing officer, who makes a decision based on preponderance of the evidence and the law. ( 23 V.S.A. § 105,

23 V.S.A. § 106,

23 V.S.A. § 107)

Heavy Truck: Gross vehicle weight rating (GVWR) greater than 10,000 pounds.

Inspection Area: The specifically approved area of an inspection station inside a building, in which all vehicle inspections must be conducted unless prior approval has been obtained from the DMV. Trailers may be inspected outside the building. The road test must be conducted outside unless the station is equipped with appropriate automated road testing equipment with prior approval from the DMV. The inspection area is also the only location at which the certificate of inspection must be issued and affixed to the vehicle. ( 23 V.S.A. § 1222)

Inspection Books: The books containing the certificates of inspection. ( 23 V.S.A. § 1222, 1224)

Inspection Fee: If a fee is charged, it must be determined by the time actually spent to complete the inspection multiplied by the posted hourly rate, or it must be a posted flat rate fee based upon the average time to conduct a complete inspection. ( 23 V.S.A. § 1222(b) )

Indicator Lamps: Lamps visible to the operator of a vehicle that indicate:

1. Appropriate electrical circuits are in operation.

2. Malfunction of vehicle performance.

3. Requirement for remedial action by the operator of the vehicle (if installed by manufacturer).

Inspection Period: The 2-month period within which a certificate of inspection may be issued.

1. All motor vehicles must be inspected once a year. (23 V.S.A. §

2. School buses must be inspected three times yearly: between July/August, November/December, and February/March. (23 V.S.A. § 1282 )

3. Motor buses must be inspected twice yearly, at 6-month intervals. (23 V.S.A. §

Inspection Record: An inspection record includes the inspection certificate, information entered into AVIP, and the Vehicle Inspection Report (VIR). ( 23 V.S.A.§ 1222)

Inspection Station License: The certificate of designation issued by the DMV to verify that the facility is properly equipped and has adequate space and qualified personnel to conduct state inspection of vehicles as stated on the certificate. The license must be conspicuously displayed at the place for which it has been issued. It is valid only for the official inspection station in whose name it has been issued and for transacting business only at the designated place. ( 23 V.S.A.§ 1222)

Inspection Station Supervisor: Any person designated by the inspection station owner to supervise/manage the operation of the respective inspection station.

Kit-Car: A vehicle with a commercially manufactured body and/or body and frame that may resemble a regularly manufactured vehicle or whose body may be of a unique design but is manufactured to fit on a commercially manufactured frame.

Motor Bus: Any motor vehicle with a seating capacity of more than seven persons, other than a street car, operated upon the public streets and highways along a regular route and in such operation receiving, discharging, and transporting passengers for hire. This does not apply to a transportation service for which passengers determine the route and destination, nor does it apply to cooperative-use transportation.

Motor-Driven Cycle: Any vehicle that is equipped with two or three wheels, a power source providing up to a maximum of 2 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 MPH 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. An electric personal assistive mobility device is not a motor-driven cycle.

Motorcycle: Any motor-driven vehicle having a seat or saddle for the rider and designed to travel on not more than three wheels in contact with the ground, excluding motor-driven cycles, golf carts, track-driven vehicles, tractors, electric personal assistive mobility devices, and vehicles on which the operator and passengers ride within an enclosed cab.

Multipurpose Passenger Vehicle (MPV): A motor vehicle with motive power, except a trailer, that is designed to carry 10 persons or fewer, and that is constructed either on a truck chassis or with special features for occasional off-road operation.

Municipal Fleet Inspection Station: A municipality that has been designated as an official municipal fleet inspection station, provided it has motor vehicles registered in the name of the municipality and meets all the requirements for designation as an official inspection station.

Municipal fleet inspection stations are authorized to inspect only those vehicles registered to the municipality. ( 23 V.S.A. § 4(65))

Neighborhood Electric Vehicle: A self-propelled, electrically powered motor vehicle that: ( 23 V.S.A. § 4(73))

1. Is emission free.

2. Is designed to carry four or fewer persons.

3. Is designed to be, and is, operated at speeds of 25 MPH or less.

4. Has at least four wheels in contact with the ground.

5. Has a gross vehicle weight rating less than 3,000 pounds.

6. Conforms to minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low-Speed Vehicles. (49 CFR. 571.500)

Official Inspection Station: A government agency owned or leased or privately owned or leased facility designated and licensed by the DMV to conduct state inspections of vehicles as stated on the license certificate. ( 23 V.S.A. § 1222)

Periodic Inspection Manual: Those books, pamphlets, or bulletins posted online or distributed electronically by the DMV containing the rules that govern the actions of official inspection stations and certified inspection mechanics to determine whether the motor vehicles are properly equipped and maintained in good mechanical condition. ( 23 V.S.A. § 1001)

Proof of Valid Insurance (DMV Rules, 23 V.S.A. § 800(c) ): The following are considered proof of valid insurance:

1. An insurance identification card.

2. The declaration page from the policy or a photocopy of that page.

3. A temporary card or binder, or a photocopy of a binder.

4. A self-insurance card.

5. Evidence of a bond issued by a surety company.

6. Portable electronic device.

7. Oral confirmation from insurance carrier to mechanic by phone.

Registration: The authority for a vehicle to be operated on a public highway as evidenced by an identifying certificate and plate or plates issued by a governmental entity. A temporary registration plate qualifies as a registration. ( 23 V.S.A. § 301, 304)

Replica: A commercially manufactured body or frame resembling that of the original vehicle or duplicated vehicle and retaining the basic style and dimensions as originally manufactured and whose major components, such as grill shell, hood, and doors are readily interchangeable with the original components.

Revoke: To withdraw permanently by formal action of the DMV any license, certification, registration, or privilege issued or granted by the DMV. (DMV Rules, 23 V.S.A. § 1228 )

SAE: The Society of Automotive Engineers International, a professional organization for engineering professionals in the aerospace, automotive, and commercial vehicle industries. The SAE is a standards-development organization for the engineering of powered vehicles of all kinds, including cars, trucks, boats, aircraft, and others.

SAE Lighting Identification Code: A series of standardized markings for lighting devices that a manufacturer or supplier may use to mark its product to indicate the SAE lighting standard(s) to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.

School Bus: Any motor vehicle used to transport children to or from school or in connection with school activities.

1. Type I school bus means a school bus designed to transport more than 15 passengers, including the operator.

2. Type II school bus means a school bus designed to transport more than 10 and less than 16 passengers, including the operator.

Sealed Beam Headlamp Assembly: A major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:

1. One or more sealed beam units (bulb assembly).

2. Means for mounting securely to the vehicle.

3. Means to permit required aim adjustment.

Secure Location: A lockable desk, file cabinet, strongbox, safe, or other similar nonportable device where all certificates of inspection must be kept safe and secure when in the possession of an official inspection station and/or sticker replacement agent.

Serious Violation:

1. Three or more violations of Category 1, Category 2, Category 3, Category 4, or any combination thereof occurring during the same inspection of a single vehicle.

2. Three or more violations of Category 1, Category 2, Category 3, Category 4, or any combination thereof occurring during inspections conducted by a fleet inspection station during the same inspection period.

State Inspection Requirements: Rules, as described in the Periodic Inspection Manual distributed by the DMV, used to determine whether motor vehicles are properly equipped and maintained in good mechanical condition. (23 V.S.A. § 1001,1 222)

Street Rod: A vehicle with body and frame that were manufactured before the year 1949 and that has been modified for safe road use, or a replica thereof that resembles an original pre-1949 vehicle and has also been modified for safe road use. For the purposes of this section, "modified" means, but is not limited to, a substantial and material alteration or replacement of the engine, drivetrain, suspension, or brake system or alteration of the body, which may be chopped, channeled, sectioned, filled, or otherwise changed dimensionally from the original manufactured body.

Note: Any such modification may be made only if said modification equals, improves, or enhances the safety aspects of the original equipment so modified.

Suspend: To withdraw temporarily by formal action of the DMV any license, certification, registration, or privilege issued or granted by the DMV. (DMV Rules)

Truck: A motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. ( 23 V.S.A. § 4(20))

Turn Signal Lamps: Lamps that provide a flashing warning light to indicate the intended direction of the turn (1955 and newer models). Turn signal lamps approved for use on pleasure cars, trucks, and buses are as follows: ( 23 V.S.A. § 1249)

1. At or near the front, one amber on each side of the vertical centerline at the same height and as far apart as practical.

2. On the rear, one red or amber on each side of the vertical centerline at the same height and as far apart as practical.

3. Turn signal lamps must be mounted with the center of the lamp not less than 15 inches nor more than 83 inches above the road surface.

Vehicle Identification Number (VIN): A combination of alphanumeric characters that the manufacturer assigns to a vehicle for identification purposes or, in the absence of a manufacturer-assigned number, that the DMV or other government agency assigns to a vehicle for identification purposes. (23 V.S.A. § 1702)

Vehicle Inspection Report (VIR): A report made available to the motoring public, either in hard copy or by electronic means, that provides the results of the inspection performed and/or other information that may be useful to the consumer, such as recalls that pertain to the vehicle.

GENERAL INFORMATION

Periodic Safety Inspection

Every motor vehicle registered in this state must be inspected at a station designated as an official inspection station by an inspection mechanic certified by the commissioner of the DMV. If a motor vehicle is found to be unsafe or unfit for operation or improperly equipped, it must be put in a safe condition and properly equipped before an official inspection sticker is affixed to the vehicle. All vehicles are required to be road tested as part of the inspection. The purpose of the road test is to determine whether the steering, suspension, braking, speedometer, and odometer of the vehicle function as designed and meet the requirements outlined in the inspection manual. 23 V.S.A. § 1222.

Courtesy Inspection (Out-of-State Vehicles)

Vehicles registered out of state may be inspected in Vermont provided they meet all requirements outlined in the Vermont Periodic Inspection Manual. 23 V.S.A. § 1222.

Inspection Fees and Repair Documentation

If a charge or fee is to be made for an inspection, the official inspection station must make available a work order, invoice, and a Vehicle Inspection Report (VIR) completed through Automated Vehicle Inspection Program (AVIP), regardless of the vehicle passing or failing a Vermont Safety Inspection.

If a charge or fee is to be made for an inspection, the official inspection station must post its fee or the hourly rate that is charged for the inspection and present an itemized bill or invoice to the owner or person presenting the motor vehicle for inspection, and such itemized bill must contain the following information:

1. Charges for parts and materials installed for inspection

2. Labor charge (including time spent and hourly rate charged if charging by a posted hourly rate, whether or not the vehicle passed inspection)

3. Flat rate fee if charging by a posted flat rate for inspection

A copy of that itemized bill/invoice must be maintained and available to any authorized agent of the commissioner of the DMV for a period of 3 years.

The sign posting the charge or the hourly rate for inspections must be prominently posted near the station's certification as an Official Vermont Inspection Station.

Reports, Certificates, and Supplies

1. Official certificates and inspection stickers will be furnished at initial setup for new stations by the DMV, and additional supplies may be forwarded upon request.

2. For each inspection sticker issued by the DMV, the statutory fee must be paid to the DMV, except state and municipal inspection stations when inspecting state and municipal vehicles.

3. All unused (previous year) stickers must be returned before the end of the last day of February. If the unused stickers are not returned by this date, the inspection station will be subject to a penalty as provided and no refund will be issued.

4. Refunds will not be issued for used, voided, lost, or stolen stickers.

REQUIREMENTS FOR DESIGNATION: SPECIFICATIONS

Application for Appointment

1. Inspection stations are appointed, and mechanic's certifications are issued solely for the benefit of the motoring public. Before a certificate of designation, as an official inspection station may be issued, an applicant must have an approved place of business. Recommendation for designation as an official inspection station must be made by a DMV investigator. 23 V.S.A. §

3. All appointments are provisional and are conditional upon the proper conduct of the work and compliance with departmental regulations as specified in this manual.

4. All applications for appointment as an official inspection station must indicate the types of vehicle(s) to be inspected and must be submitted to the DMV on the form provided by the DMV and accompanied by proof of zoning compliance (VN-016 Inspection Station Application).

5. Any changes (not to include ownership changes) must be submitted to the DMV on the form provided by the DMV. If the change is a location change, it must be accompanied by proof of zoning compliance.

6. Inspection stations and licensed replacement stations need to be physically located in Vermont.

7. For appointment as an official inspection station, the applicant must meet the following requirements:

a. For initial inspection station appointment, the applicant must have no previous or pending criminal convictions for extortion, forgery, fraud-related crimes, larceny, or embezzlement.

b. The applicant must have had no previous record of willful violations of inspection laws or regulations in this or any other jurisdiction.

c. The applicant must have had no civil judgments that are the result of willful intent to commit fraud or misrepresentation.

d. The applicant must have had no history of violations of issuing nonnegotiable, insufficient funds, account closed, or counterfeit checks within the past 5 years.

Note: Upon designation, the certificate of authorization as an inspection station must be prominently displayed under glass or clear plastic. In addition, the station must prominently display an exterior sign with the words, "Official Vermont Inspection Station" on it.

Tools and Equipment Requirements

Certain vehicle makes or models may require specific tools or devices unique to that vehicle to complete a proper inspection. It is the responsibility of the station owner or operator to be properly equipped and to use those tools or devices, if required, to inspect a specific type of vehicle. At a minimum, the following is required:

1. Automotive lift capable of hoisting whatever vehicle is undergoing inspection

2. Adequate tools for general repairs - as required

3. Approved floor

4. Approved headlamp-aiming device

5. Approved jacking facilities

6. Appropriate measuring devices

7. Ball joint dial indicator

8. Tire pressure gauge

9. Tire tread depth gauge

10. Computer software and hardware authorized by the commissioner to conduct electronic safety inspections, emissions inspections and to electronically transmit recorded data (i.e., AVIP, scan tool, printer, internet connection, router, etc.)

Certified Inspection Mechanic Requirements ( 23 VSA § 1227)

1. Any person conducting inspections must be 18 or more years of age and must be certified by the commissioner. An uncertified person employed as an inspection mechanic may perform inspections during the first 30 days that he or she is employed by the inspection station under the direct supervision of the station supervisor or a certified mechanic.

2. The credentialing training program and the examination must be in a format approved by the commissioner of the DMV.

3. When reasonable to do so, a DMV investigator may require a certified inspection mechanic to submit to a practical proficiency test (i.e.,, mock inspection). A certified inspection mechanic who refuses to submit to such request must surrender their mechanic certification immediately.

4. Periodic inspections may be performed only by mechanics who have been certified by the commissioner.

5. The mechanic signing the VIR in the AVIP system must have conducted the inspection of the vehicle and be responsible for the road test.

6. If the road test is performed by an uncertified person employed as an inspection mechanic, that person must hold a valid operator license in the proper class and/or endorsement for the vehicle being inspected. The uncertified person must be accompanied by a certified inspection mechanic during the road test. Both must sign the VIR in the AVIP system at the completion of the exam.

7. Individuals, 16 or 17 years of age who have completed an approved vocational school inspection mechanic credentialing program may be issued a certification number for the AVIP system. Upon being issued a certification number, these individuals may perform vehicle inspections except for the vehicle road test (a fully certified inspection mechanic must perform this test). Additionally, their inspection must be approved and signed off by a fully certified inspection mechanic, vouching for their work. These requirements will no longer apply on or after the licensee's 18 [ th ] birthday.

Space Requirements

Available level space within the approved area for inspection and repair is a requirement for obtaining and retaining an appointment as an official inspection station. All inspections must be conducted in the approved area unless specific regulations state otherwise.

2. Inspection area is defined as "the designated space approved for inspection purposes." Approval cannot be granted nor permitted to continue unless full compliance of the following requirements are maintained.

a. A station using an approved headlamp-testing machine or an approved mechanical aimer must have at least 25 feet of adequate floor within the approved area.

b. An adequate floor must not slope other than to the front or rear as the vehicle would sit to be inspected. The rate of slope must be uniform and no greater than 3 inches in 25 feet.

c. When a standard headlamp-testing screen is to be used, there must be at least 45 feet of floor space within the approved area. The first 25 feet must be an adequate floor.

d. Floors must be hard surface of a type approved by the DMV (concrete or blacktop).

e. The floor area used for inspection must be clean and clear of obstructions and all necessary equipment in place and ready for use.

f. Lifts are required for new stations.

g. A center drain is permitted, providing the sloped area on all sides of the drain is a uniform pitch, and the floor is clearly marked to indicate where the vehicle must be parked for inspection.

h. Door tracks cannot be included in the space requirements.

i. A telephone line and internet connection must be available to conduct electronic safety and emissions inspections, at the approved inspection location.

3. Any trailer, semi-trailer, or trailer coach may be inspected outside of the inspection station's building and need not be inside the building for inspection purposes.

4. All motor homes and motor trucks, such as truck cranes, trucks with permanently mounted well-drilling machines, or any type of motor truck which is not able, due to its height, width, or length to enter an inspection station's building, may be inspected outside of the inspection station's building on the station's property, provided the station's property has an approved and properly marked level surface area for such inspection, as defined.

Note: Prior approval is MANDATORY for an exterior inspection area. An exterior adequate level surface may be either concrete or blacktop and must not slope other than to the front or rear as a vehicle would sit to be inspected. The rate of slope must be uniform and no greater than 3 inches in 25 feet. The designated area must be a minimum of 10 feet by 25 feet. The vehicle being inspected must be completely within the approved area. The approved area must be visibly marked. Upon approval of this outside inspection area, the DMV will issue a new inspection certificate recognizing the approved outside inspection area.

Regular Inspection Stations - Hours of Operation

Each station must, on a weekly basis, be open for a total of at least 35 hours. Holidays and emergencies are exceptions. The posted hours of operation must be visible to the public. The station will be subject to random visits by authorized agents of the commissioner of the DMV.

A station may be closed temporarily, such as for an extended vacation, provided the owner or authorized agent obtains prior approval from the area investigator, and notice should be posted in advance for customers.

Fleet Inspection Stations

A company or business may be designated as an Official Fleet Inspection Station, provided it has 5 (five) or more motor vehicles registered in the name of the company or business and meets all the requirements for designation as an official inspection station. Fleet stations are authorized to inspect only those vehicles registered to the company or fleet.

Fleet stations need only be open the hours necessary for their operation, but if not open during normal business hours, they must notify the area investigator of their days/hours of operation.

Technical Center Credentialing Program

The DMV partners with several technical centers throughout Vermont that train students to become certified inspection mechanics. Technical centers participating in the DMV's credentialing program must be approved to conduct vehicle inspections before participating in the credentialing program. Technical centers must be approved in the same manner as regular inspection stations. Technical centers approved for the credentialing program are not required to post hours of operation or any type of fee, as these stations/training facilities exist solely for credentialing purposes.

Inspection Sticker Security

When not being issued, inspection stickers must be kept in a locked drawer, cabinet, or other device that is not easily moved or portable to prevent theft and limit access to only those persons authorized to inspect vehicles. The mechanism used to secure inspection stickers must be approved by a DMV investigator.

STICKER REPLACEMENT AGENTS

Any firm doing a substantial business in the replacement of automotive windshields and desiring to act as an agent of the DMV for the issuance of replacement inspection stickers must make application for appointment with the DMV. Application forms may be obtained from the DMV. Each applicant will be investigated, and an appointment will be made only if all the requirements are met. Application does not guarantee appointment, and the commissioner may consider the number of replacement sticker agents already within a given area compared to the number of registered motor vehicles in such location and the volume of replacement windshield business done by the applicant in comparison with the cost to the state of setting up and stocking additional agents and will determine if added replacement sticker agents are needed or required.

The statutory fee for each inspection certificate (sticker) applies to replacement stickers.

Rules for Replacement Sticker Agents

Any applicant for appointment as a replacement sticker agent must agree to the following:

1. Act as an agent of the DMV in issuing replacement stickers only on a replacement windshield when the original windshield has been destroyed or damaged.

2. Clearly mark replacement stickers with the word "REPLACEMENT" written on the back.

3. Insert the expiration month on the replacement sticker the same as the insert on the regular sticker it replaces.

4. May not conduct a safety inspection of the vehicle. The agent is only attesting that a valid sticker was displayed on the original windshield.

5. May only obtain replacement stickers from the DMV.

6. Copy all the information off the back of the original sticker onto the replacement, if possible, and write the number of the original sticker it replaces on the stub of the replacement. The agent must also record the invoice number for the replacement windshield on the stub. The signature, station name, and number recorded should be that of the replacement station.

7. Retain a copy of the invoice for the replacement windshield for which a replacement sticker has been issued for a period of 1 year and make his/her records accessible to any inspector or other authorized agent of the commissioner or law enforcement officer.

8. Fully comply with the rules relative to the replacement of stickers.

Ensure that employees are thoroughly familiar with these rules and have up-to-date copies of them accessible on the premises.

10. Notify the DMV of the names of all employees who are authorized to attach replacement stickers and of any changes in these authorized personnel thereafter and not allow these persons to attach stickers except as provided for in these rules.

11. Keep up-to-date, accurate records in the AVIP portal, as requested by the DMV, and update the portal upon completion of the replacement sticker.

12. Attach replacement stickers only on those vehicles whose windshields have been replaced and were found to have a valid sticker attached at the time of replacement.

13. Assume full responsibility for the security of all stickers provided.

14. When not being issued, inspection stickers must be kept in a locked drawer, cabinet, or other device that is not easily moved or portable to prevent theft and limit access to only those persons authorized to inspect vehicles. The mechanism used to secure inspection stickers must be approved by a DMV investigator.

15. Failure to comply fully with these rules may result in the suspension or revocation of the replacement agent's certificate of appointment and all replacement sticker privileges, in which case the agent must forthwith return to the DMV his/her certificate of appointment, all unused stickers/sticker supplies, and all records pertaining to the issuance of replacement stickers. Failure to comply with this provision may disqualify the agent for reappointment.

16. When a windshield is replaced and a valid replacement inspection sticker is affixed, the original inspection sticker must be removed from the broken windshield, and the word "VOID" must be written on the front. The sticker must then be affixed to the original work invoice and be made available for inspection by DMV for 1 year.

Replacement by Official Inspection Station

If an official inspection station is replacing a sticker on a vehicle it previously inspected as a result of a windshield being replaced, the replacement sticker can only be affixed to the vehicle when the date of the original inspection and the date the windshield is replaced occurs within the same calendar year. When the station issues a replacement sticker, the sticker must be clearly marked "REPLACEMENT" on the back. Before the station issues a replacement sticker, the customer must show proof the windshield has been replaced, and the station must retain a copy of that proof with its records. The replacement sticker must contain the same numeral insert and inspection information as the original sticker. No safety inspection of the vehicle is to be made when issuing a replacement sticker. The station issuing the replacement sticker must record the replacement and original sticker serial numbers on the customer invoice. The statutory fee applies to all replacement stickers.

GENERAL PROVISIONS

Changes: Name, Ownership, and/or Location

1. Any change in name, ownership, or location of any official inspection station cancels the designation of that station. The DMV - Inspection Unit must be notified immediately in writing.

2. An inspection station, upon going out of business, must immediately return to the DMV -Inspection Unit the certificate of designation with all unused inspection stickers.

Supplies (Stickers-Numerals)

1. It is the responsibility of the station to ensure it has the necessary supplies to conduct business. The State will identify the proper mechanism for stations to verify sufficient funding and how to obtain necessary supplies.

Before confirming receipt of supplies such as stickers, replacement parts, etc. it is the responsibility of the station to ensure the order is complete and meets necessary quality standards. 23 V.S.A. § 1224

3. A station must not lend, give, sell, or otherwise provide inspection stickers to any other station, nor borrow, purchase, or otherwise acquire stickers from any other inspection station.

4. Glass replacement stations may retain the stickers and numerals for replacement during the full year, and fleet stations may also retain the stickers and numerals to enable them to coordinate expiration of inspection for their fleet vehicles.

Automated Vehicle Inspection Program (AVIP)

1. All inspections must be conducted using the hardware and software from the designated vendor or as determined by the commissioner

2. Inspection stations must acquire their hardware and software from the designated vendor or as determined by the commissioner.

An inspection station must enter into an agreement with the AVIP vendor, as designated by the commissioner, and abide by the terms of that agreement.

DETAILED INSTRUCTIONS: PROCEDURES AND REQUIREMENTS

Vin Placement, Assignment, and Location

1. When any part of the VIN on the registration certificate does not correspond exactly with the VIN attached to the vehicle, the customer should be referred to the DMV to have the incorrect certificate corrected.

2. If the vehicle has no VIN or the VIN has been defaced, destroyed, or detached, the owner must apply to the DMV for an assigned Vermont VIN. (See instructions for attachment of assigned VIN tags below.) No official inspection sticker is to be attached to the vehicle that has no VIN until the assigned VIN has been presented or attached in the manner prescribed. If the VIN appears to have been tampered with, the customer should be directed to file a complaint with his/her local police department. 23 V.S.A. § 1704,

Note: The VIN referred to in this section is the public VIN (PVIN) located on the vehicle dashboard.

3. Assigned VINs ( 23 V.S.A. §

1702. :

a. Assigned Number Tags: Must be obtained directly from the DMV.

b. Attachment: Must be made by an inspector or mechanic employed by an official inspection station. A specific location has been approved for each type of vehicle, as follows:

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Trailers:

1. Tongue Type: On the left (road) side of the tongue or frame within 12 inches of the hitch assembly at a level as close to that of the towing ball as possible.

2. Trailer Coach: On the lower left corner of the (road) side of the body on a level as close as possible to that of the towing ball.

3. Fifth Wheel Type: On the lower left (road) side of the frame or body in a position as close as possible and at a level equal to the top of the fifth wheel mechanism.

Note: All trailers should be numbered in order so the VIN can be easily read by a person checking the hitch or attachment of the vehicle. All assigned VIN tags should be attached to the smoothest and most durable surface available within the proper location area.

Attach Vermont-assigned VINs in the areas marked by the arrow and box.

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Boat Trailer

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Lowboy Trailer

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Utility Trailer

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Semi-Trailer

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Trailer Coach or Camper

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Fifth Wheel Camper

Rebuilt, Reconstructed, or Homemade Vehicles (Cars and Trucks):

1. The VIN plate will be attached to the left front door pillar post high enough that it may be easily read when opening the door.

2. The assigned VIN tag must be located where it can be easily read from the operator's side of the vehicle. The type and rigidity of the material should be considered. All tags should be on an outside surface that is smooth and clean. The tag should be right side up, if possible, and away from any place where it will experience any kind of wear.

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Lost, Damaged, Worn, or Faded Plate

Whenever a registration plate has been lost, damaged, worn, or faded to the extent that it is not plainly legible, the customer should be referred to the DMV to acquire a duplicate plate using DMV form VD-016. All vehicles must be inspected with at least one plate.

SCHEDULE OF PENALTIES, SUSPENSION, AND REVOCATION

Please refer to APPENDIX A for a full list of administrative penalties.

If an inspection station owner/operator, and/or certified inspection mechanic wishes to contest a warning, administrative penalty, suspension, or revocation, it is his/her right to have a hearing before a hearings examiner of the Transportation Policy and Hearing Section, provided the inspection station owner/operator or certified inspection mechanic submits a request for such hearing within 15 days of the notice, in writing, to the Agency of Transportation, Transportation Policy and Hearing Section. When a hearing is requested, the warning, suspension, or administrative penalty is to be held in abeyance until the decision of the hearing, unless the commissioner has cause to believe the inspection station or certified inspection mechanic will continue to act in such a manner as to be detrimental to the state or any existing or potential customers, in which case the warning, suspension, or administrative penalty will become effective as indicated in the original order.

Cause for Suspension/Revocation

The commissioner of the DMV, may revoke or suspend an Inspection Mechanic certification and/or an official inspection station designation for circumstances outlined by DMV Rules, CVR 14-050 -031, 23 V.S.A. § 1228, and 23 V.S.A. § 1227.

On the effective date of a suspension or revocation, an investigator must pick up any inspection stickers or official inspection certificates from the station or mechanic whose designation has been suspended.

Cause for Administrative Penalty and Suspension

Schedule: Failure to comply with the provisions of this section will be considered sufficient cause for suspension of any or all inspection mechanic or inspection station certificates. Administrative penalties or suspensions may be imposed upon the inspection station or inspection mechanic, or both, that had responsibility for the violation. All requests for penalties or suspensions will be reviewed and approved by the commissioner before being issued. An inspection station owner/operator or certified inspection mechanic to whom an administrative penalty or suspension has been issued will be afforded the opportunity for a hearing. In addition, violators may be subject to criminal or civil prosecution.

Inspection Station: After the full term of suspension has been served, inspection privileges will not be restored until an application for reappointment has been reviewed, and the station has been approved by the DMV.

Certified Inspection Mechanic: After the full term of suspension has been served, the inspection mechanic certificate will be restored.

Warning: The DMV or authorized agent of the commissioner of the DMV in its discretion may issue verbal or written warnings to the inspection station or certified inspection mechanic for any violation in Categories 1 through 5. In either case, written documentation and a written acknowledgment of receipt of the warning must be submitted to the DMV by the authorized agent of the commissioner of the DMV.

Subsequent: The determination of second and subsequent violations is made on the basis of previous violations in the same category.

Multiple Violations: In the case of multiple violations considered at one time, the DMV will impose separate penalties for each violation, as required by schedule, and in its discretion, may direct that any suspensions be served concurrently.

Sale of Business: If an inspection station that is currently suspended is sold or leased to a new owner, an application will be considered provided the suspended parties have no interest whatsoever in the new inspection station.

Failure to Pay the Administrative Penalty: In the case of failure to pay an administrative penalty, the DMV will mail a notice to the inspection station or inspection mechanic at their last known address notifying the inspection station and/or inspection mechanic that failure to pay or otherwise satisfy the administrative penalty within 60 days of the notice will result in suspension of the inspection certificate of the station and/or the mechanic, whichever is appropriate, until the penalty is paid in full or otherwise satisfied. The inspection station or inspection mechanic is entitled to a hearing if requested within 15 days of the notice.

Serious Violation: The commissioner may suspend the certificate of the inspection station or the inspection mechanic or both, whichever is deemed appropriate by the commissioner, in addition to the administrative penalty or penalties set forth in Categories 1 through 5, when a serious violation has occurred. Additionally, the commissioner may revoke the inspection certification of a mechanic who has been found to be stealing or fraudulently gaining stickers for his/her own use or illegal sale.

REGISTRATION AND INSURANCE

Procedure: Examine registration certificate.

Note: A road test on a public highway cannot be conducted unless the vehicle holds a valid registration. Temporary registrations are permissible. 23 V.S.A. § 301, 304.

Reject vehicle if:

Valid registration certificate is lost or missing.

Note: The mechanic should advise the owner he/she may be in violation of State Law 23 V.S.A. § 307 and should contact DMV to acquire replacement.

2. Vehicle description is not in agreement with registration certificate.

Numbers on registration certificate are not in agreement with numbers on license plate(s).

Procedure: Verify insurance coverage ( 23 V.S.A. § 801, DMV Rules, 23 V.S.A. § 800(c) ).

Note: To perform a road test on a public highway, the mechanic must verify there is valid insurance on the vehicle being inspected, or the station holds an insurance policy that covers the vehicle for a road test. If the customer has insurance, but no proof is present in the vehicle, the mechanic may call insurance company to verify or may verify by electronic means (cell phone).

Reject vehicle if:

The vehicle is not covered by one of the insurance methods described above.

2. The station does not have insurance, and the mechanic cannot verify the vehicle is covered by valid insurance.

Advise customer if:

If there is no proof of insurance in the vehicle, the mechanic should advise the customer he/she may be in violation of State Law 23 V.S.A. § 801 and should contact his/her insurance company to obtain proof of insurance.

Procedure: Examine the Vehicle Identification Number (VIN).

Reject vehicle if:

No VIN can be located on the vehicle.

2. The VIN is not in agreement with the registration certificate.

Advise customer if:

If the VIN has been removed or tampered with, the customer should contact his/her local police department to file a report. 23 V.S.A. § 1703, 1704.

Procedure: Examine License plates.

Reject vehicle if:

There are no license plate(s) attached to the vehicle.

Note: If there is only one plate attached to the vehicle, it should be on the rear.

Advise customer if:

1. If the front license plate is missing, the mechanic must advise the customer he/she may be in violation of State Law

23 V.S.A. § 511 and should contact the DMV to acquire a replacement plate using DMV form VD-016..

2. The license plate(s) is not securely mounted or is hanging from the mounting bracket.

3. The plate(s) are covered, worn, or faded in a way that inhibits clearly viewing the number.

4. If a valid registration sticker is not affixed to the lower right corner of the rear plate, the mechanic must advise the customer he/she may be in violation of State Law

23 V.S.A. § 511, and the sticker should be relocated to the appropriate location.

PLEASURE CAR AND LIGHT TRUCK

Inspection Sticker Placement

Inspection stickers must be affixed to a vehicle's windshield in a location specified by the commissioner of the DMV.

Wheels and Tires

Procedure: Examine tires.

Reject vehicle if:

Any tire is worn so that less than 2/32-inch tread remains in any two major grooves.

2. Any tire has a worn spot that exposes the cord through the tread.

3. Any tire has visible bumps, bulges, or knots indicating failure or separation of the tire structure.

4. Any tire has cuts, snags, or severe ozone or weather cracks in any location.

5. Tires on the same axle are not the same type, construction, or size.

6. Any tire is marked "For Farm Use Only," "Off-Highway Use Only," "Racing use Only," etc.

Advise customer if:

1. Tire tread depths are between 2/32 and 4/32 of an inch, as they are likely to diminish to below safety standards before the term of the safety inspection expires.

2. Tire size does not match manufacturer specifications.

3. The tire is more than 8 years old. In this case, recommend replacement.

Note: Refer to the National Highway Traffic Safety Administration (NHTSA) for tire manufacturers' recommend tire age for replacement.

Procedure: Examine wheels. Refer to 49 CFR § 570.10 for additional information.

Reject vehicle if:

Any part of wheel is bent, cracked, rewelded, damaged, or has elongated bolt holes so as to affect safe operation of the vehicle.

Advise customer if:

1. The lateral and radial runout of any rim bead area exceeds one-eighth of an inch of total indicated runout.

Procedure: Examine wheel components.

Reject vehicle if:

Wheel bolts, nuts, studs, or lugs are loose, missing, or cracked.

Steering and Suspension

Procedure: Examine vehicle ball joints according to the manufacturer's recommended procedure. Refer to 49 CFR § 570.8 for additional information.

Reject vehicle if:

Ball joint movement exceeds the manufacturer's specifications.

Advise customer if:

1. Ball joint seals/boots are cut or cracked.

Procedure: Examine vehicle wheel bearings according to the manufacturer's recommended procedure.

Reject vehicle if:

The relative movement in wheel bearing exceeds the manufacturer's specifications.

Procedure: Examine vehicle heim joints and tie rod ends.

Reject vehicle if:

The amount of play in the heim joint or tie rod end exceeds the manufacturer's specifications.

Procedure: Examine vehicle control arms.

Reject vehicle if:

The control arm is rusted or damaged to the point that its integrity is compromised.

Procedure: Examine steering linkage and steering wheel lash. Refer to 49 CFR § 570.7 for more information.

Note: If, during the road test, the vehicle exhibits behavior that indicates a problem with alignment, check alignment and advise the customer if toe-in exceeds 1.5 times the value listed in the vehicle manufacturer's service specification for alignment setting.

Reject vehicle if:

Steering linkage play exceeds the manufacturer's specifications.

2. Steering wheel lash exceeds the specifications outlined in Table 1, below.

3. Front wheels are incapable of being turned to the right and left steering stops without binding or interference.

Table 1 -- Steering System Free Play Values

| Steering wheel diameter (inches) | Lash (inches) | | --- | --- | | 16 or less | 2 | | 18 | 2 1/4 | | 20 | 2 1/2 | | 22 | 2 3/4 |

Advise customer if:

1. Free play in the steering linkage exceeds 1/4 of an inch.

Procedure: Examine CV joints and U-joints.

Reject vehicle if:

CV joints or U-joints are loose or binding in a way that affects steering performance.

Advise customer if:

1. The CV boot is torn.

Procedure: Examine power steering components.

Reject vehicle if:

Any power steering system component exhibits excessive fluid leak (actively dripping from the vehicle).

2. Any electric and/or hydraulic power steering system component fails to function as designed (not including power steering belt).

Procedure: Examine power steering belt.

Reject vehicle if:

Power steering belt is broken.

Advise customer if:

1. Power steering belt exhibits dry rot and/or cracks.

Procedure: Examine springs, torsion bars, shock absorbers, and struts.

Reject vehicle if:

Springs or torsion bars are cracked, broken, missing, or shifted out of position.

2. Vehicle continues free rocking motion after release, indicating loss of shock absorber function.

3. Shock absorbers or struts are missing or display excessive leakage (e.g., actively dripping from the vehicle).

4. Mounting bolts or mounts for torsion bars, springs, or shock absorbers/struts are loose or broken.

5. Air springs are collapsed.

6. Shackles or U-bolts are worn or loose.

7. Radius rods are missing or damaged.

Stabilizer bar is broken, disconnected or missing (if originally equipped).

Advise customer if:

1. Rubber bushings are cracked or extruded out from or missing from suspension joints.

2. Spacers, if installed, are not on both front springs, not on both rear springs, or not on all four springs.

Brake Systems

The vehicle is required to be road tested either on a public highway, as defined by 23 V.S.A. § 4(13), or in the station yard. The area of the station yard used to conduct the road test must be approved by the DMV. This area must be owned by the station, and access must be closed to the general flow of public traffic.

At a minimum, mechanics are REQUIRED to remove one wheel to completely inspect brake components. If during the road test or physical brake examination, the Inspection Mechanic detects or suspects a problem with one or more of the brakes, all four wheels must be removed to examine the braking systems. Refer to 49 CFR § 570.5 for additional information.

Procedure: Examine braking performance during road test.

1. At a speed of 20 MPH, apply the service brake firmly.

2. Verify that the vehicle comes to a smooth stop within 25 feet without pulling to the right or left.

3. The driver should have firm control of the steering wheel throughout the test.

Mechanic Advisory: Federal Motor Vehicle Safety Standards (FMVSS) state that the road test must be conducted on a level (not to exceed plus or minus 1 percent grade), dry, smooth, hard-surfaced road that is free from loose material, oil, or grease. Title 49 CFR 570.

Note: Consider Vermont's seasonal inclement weather conditions and conduct road tests in conditions that ensure that an examination can be conducted appropriately.

Reject vehicle if:

The vehicle requires more than 25 feet to stop from 20 MPH.

2. Within the 25-foot braking test, the vehicle swerves enough for any wheel to leave the 12-foot lane.

3. Under 150 pounds of pressure, the brake warning light illuminates or if the brake pedal falls away under pressure or contacts some object that prohibits brake pedal travel.

Advise customer if:

1. When the brake pedal is fully depressed, the distance that the pedal has traveled from its free position is greater than 80 percent of the total distance from its free position to the floorboard or other object that restricts pedal travel.

Procedure: Examine master cylinder.

Reject vehicle if:

Master cylinder leaks.

2. The master cylinder fluid level is below the minimum level.

Procedure: Examine brake components.

Reject vehicle if:

Hoses or tubing leak or are cracked, chafed, flattened, restricted, insecurely fastened, rusted, and/or corroded, resulting in flaking or pitting that alters the original diameter of the brake line.

2. If repairs have been made with copper tubing or compression fittings.

Brake hoses are mounted so as to contact the vehicle body or chassis.

4. Vacuum hoses are collapsed, abraded, broken, improperly mounted, or audibly leaking.

Advise customer if:

1. With residual vacuum exhausted and a constant 25-pound force on the brake pedal, the pedal should fall slightly when the engine is started, demonstrating integrity of the power-assist system. This test is not applicable to vehicles equipped with full power brake system because the service brake performance test will be considered an adequate test of system performance.

Procedure: Examine rotors/drums.

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Reject vehicle if:

Brake rotor thickness is less than the manufacturer's minimum specification.

2. The drum inside diameter exceeds the manufacturer's maximum specification.

3. Brake rotor cooling vanes on vented rotors are corroded or rusted to the point where the rotor collapses when pressure is applied by the brake caliper.

4. If more than 1/2 inch of rust (cumulative per braking surface) exists on any contact surface of the rotor/drum.

Note: Rust is defined as a condition of any swelling, delamination, or pitting.

5. System components are cracked, broken, misaligned, missing, or binding or if automatic adjusters or other parts are assembled or installed incorrectly.

6. Evidence of cracks exist on the rotor/drum.

7. Brake lining does not meet manufacturer's minimum thickness specification.

8. Brake lining shows evidence of cracks or chips or if adhesion to the backing plate is compromised.

9. Wheel cylinders or calipers leak.

Advise customer if:

1. Any buildup of rust is present on the contact surface of the rotor/drum.

Procedure: Examine parking brake function.

Reject vehicle if:

A manual transmission vehicle's parking brake does not properly function.

Advise customer if:

1. An automatic transmission vehicle's parking brake does not properly function.

Lighting and Electrical Systems

Required minimum lighting includes:

| Headlamps: high and low beam 23 V.S.A. $S 1244 | 2 | White | Front | On the front at the same height, with an equal number on each side of the vertical centerline, as far apart as practical. | | --- | --- | --- | --- | --- | | Turn signal lamps (front) 23 V.S.A. $S 1249 | 2 | Amber | Front | One on each side of the vertical centerline at the same height and as far apart as practical. | | Parking lamps | 2 | Amber | Front | One on each side of the vertical centerline at the same height and as far apart as practical. | | Hazard-warning lamps (front) | 2 | Amber | Front | One lamp on each side of the vertical centerline and as far apart as practical. | | Tail lamps 23 V.S.A. $S 1248 | 2 | Red | Rear | One lamp on each side of the vertical centerline at the same height and as far apart as practical. | | Stop lamps | 2 | Red | Rear | One lamp on each side of the vertical centerline at the same height and as far apart as practical, activated by the brake system. | | Center high-mount stop lamp | 1 | Red | Rear | One lamp on the vertical centerline, as high as practical, activated by the brake system (required on cars manufactured in 1986 and newer, light trucks under 10,000 pounds GVWR manufactured in 1994 and newer). | | Turn signal lamps (rear) 23 V.S.A. $S 1249 | 2 | Amber or red | Rear | One lamp on each side of the vertical centerline and as far apart as practical. | | Hazard-warning lamps (rear) | 2 | Amber or red | Rear | One lamp on each side of the vertical centerline and as far apart as practical. | | License plate lamp 23 V.S.A. $S 1248 | 1 | White | Rear | At rear license plate to illuminate the plate from the top or sides. | | Backup lamps | 2 | White | Rear | Activated only when the vehicle is in reverse. | | Clearance lamps (front) 23 V.S.A. $S 1250 | 1 | Amber | Front | Vehicles wider than 80 inches are required to be equipped with front clearance lamps as close as possible to the extreme height and width of the vehicle. | | Clearance lamps (rear) 23 V.S.A. $S 1250 | 1 | Red | Rear | Vehicles wider than 80 inches are required to be equipped with rear clearance lamps as close as possible to the extreme height and width of the vehicle. |

Procedure: Visually examine required exterior lamp functions and presence of required exterior lenses and reflectors.

Reject vehicle if:

Any required lamps do not operate as designed.

2. Headlamps cannot be properly aimed.

3. Lamps are not DOT/SAE approved with appropriate markings.

4. A lamp shows color contrary to the chart above.

5. A lamp assembly is improperly fastened or loose.

Auxiliary equipment is placed on or in front of any lamp (except transparent covers that are part of the original manufacturer's equipped headlamps and are marked DOT approved, i.e., aftermarket tinted lamp covers).

7. A truck cap covers the originally installed center high-mount stop lamp and is not equipped with a center high-mount stop lamp at the rear of the cap (not required for vehicles with a GVWR of more than 10,000 pounds).

8. A lamp or lens has damage that causes pooling water on the interior of the assembly, excluding condensation.

9. A colored lamp or lens is missing or broken, allowing white light to show.

10. If the vehicle is equipped with LED lamps, more than 50 percent of any one lamp is inoperable.

Procedure: Examine all other lamps attached to vehicle.

Note: All other nonrequired lamps that do not operate as designed are no longer fail criteria.

Advise customer if:

1. Any additional lighting is not functioning as designed or may be contrary to law (Code of Federal Regulations 49 CFR § 571.108, 23 V.S.A. § 1246 and 23 V.S.A. §

1247. .

Advertising Signs:

Reject vehicle if:

If a lighted advertising sign emits blue or red light to the front or rear. e.g., taxi, food delivery

2. Any color light emitted is so bright that it interferes with the vision of another vehicle operator approaching or following.

Note: Any vehicle displaying red or blue lights is required to have a permit under 23 V.S.A. § 1253. If a permit is not present, this is a fail criteria.

Headlamp Aiming

All equipment for testing headlamps must comply with the Society of Automotive Engineers Recommended Practice for Headlamps Inspection Equipment. When examining headlamps for illumination in accordance with

23 V.S.A. § 1246, if beams appear to be out of alignment, headlamp aim must be checked using one of the following methods.

1. Photoelectric Testing Machine: An approved photoelectric testing machine that will give essentially equivalent results.

Headlamp-Testing Machine: If a headlamp-testing machine is used, it must give results equivalent to those obtained using the screen procedure shown below. It must be in good repair and adjustment and must be used in accordance with the manufacturer's instructions. The machine using a photoelectric cell or cells to determine aim should also have a screen upon which the beam pattern is projected proportional to its appearance and aim on a screen at 25 feet. This screen must be plainly visible to the operator and should have horizontal and vertical reference lines to permit a visual appraisal of the lamp beam.

3. Headlamp Aiming by the Screen Method: Use according to the manufacturer's instructions.

4. Aiming Area Required: It is desirable to have a specific aiming area in a darkened location. This area should be sufficient for the vehicle and an additional 25 feet, measured from the face of the lamps to the front of the screen.

The floor on which the car rests must be flat and level with the bottom of the screen. If the floor is not level, compensate.

Before Headlamp Aiming

Procedure:

1. Remove excessive ice and mud from under fenders, bumpers, etc.

2. Inflate tires to specified pressures.

3. See that the vehicle contains no load other than the driver in his or her normal position.

4. Be sure lenses are clean and check for burned out bulbs and proper beam switching. Replace headlamps with cracked or broken aiming pads.

5. Check the suspension. See that the vehicle does not lean to one side or the other. Rock the vehicle sideways to free and equalize the suspension.

Procedure: Examine instrument cluster warning lamp(s), speedometer/odometer, defroster, and horn functionality.

Reject vehicle if:

The anti-lock braking system (ABS) failure indicator light or warning light does not illuminate.

2. The brake system failure indicator light or warning light remains illuminated after the engine is started and the parking brake is released.

3. The brake and/or antilock warning light remains on.

4. The airbag indicator fails to light or continuously flashes or illuminates.

Note: A vehicle used as a mail carrier under a contract with the U.S. Postal Service is not to fail inspection solely because, in its conversion to a right-hand drive vehicle, the right airbag in the front compartment has been disconnected or a non-factory disconnect switch has been installed to disable the airbag. See 23 V.S.A. § 1222(e).

5. The horn fails to function on the steering wheel as designed.

6. The speedometer and/or odometer is not operational, not legible, or is obstructed from the vehicle operator's view.

7. The speedometer does not illuminate.

8. The front defroster fails to function.

Advise customer if:

1. The tire pressure monitoring system (TPMS) low-pressure air-warning light/indicator is activated and may be malfunctioning. The inspection mechanic must recommend repair.

2. The rear defroster fails to function.

Procedure: Verify the park neutral safety switch and/or clutch safety switch function.

Reject vehicle if:

With automatic transmission, the starter operates with the gear selector in any gear other than "P" or "N."

2. With manual transmission, the starter operates without depressing the clutch pedal (unless originally equipped, e.g., '66 Mustang).

Procedure: During the road test, note any advanced driver assistance systems (ADAS), if equipped, not operating as designed and/or if any warning indicator lamps are illuminated.

Reject vehicle if:

It is a 100 percent self-driving vehicle with ADAS that fails to operate as designed.

Advise customer if:

1. One or more of the following fail to function as designed on non-self-driving vehicles:

| Backup camera system or backup alarm | Blind-spot monitors | | --- | --- | | Adaptive cruise control (ACC) | Pedestrian monitors | | Adaptive head lights | Proximity monitors | | Adaptive light control | Driver drowsiness detection | | Automatic parking | Collision avoidance system | | Forward collision warning | |

Vehicle Glass

Automotive safety glazing is marked with the manufacturer's trademark and the letters "AS," followed by a number between 1 and 11. Only AS1 (or AS10 Bullet Resistant) may be used in the windshield. Safety glazing for 1966 and later models also has a glass manufacturer's model number or a DOT code number. 23 V.S.A. § 1242.

A person is prohibited from operating a Vermont-registered motor vehicle manufactured or assembled after January 1, 1936, on a highway in this state unless the vehicle is equipped with safety glass wherever glass is used in doors, windows, and windshields.

Procedure: Examine windshield.

Reject vehicle if:

Any nontransparent matter is present on any transparent part of the motor vehicle's windshield, except in a space not more than 4 inches high and 12 inches long in the lower right corner of the windshield, in such a location of any sticker required by governmental regulation, or in a space not more than 2 inches high and 2 1/2 inches long in the upper left corner of the windshield.

2. There is an aftermarket tint applied to the windshield.

3. The windshield is missing or does not conform to safety glass requirements.

4. Any crack is intersected by another crack in the critical area.

5. There are two or more star breaks or bullseyes larger than 1.5 inches within any part of the critical area.

Advise customer if:

1. There is any damage outside of the critical area.

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CRITICAL AREA: The critical area starts 2 inches in from the left front post and extends 2 inches past the center of the windshield.

The critical area is centered between the top and bottom of the windshield and is 10 inches in height.

Procedure: Examine side windows to the left and right of the driver.

Reject vehicle if:

Any nontransparent matter is present on any transparent part of the vent windows or side windows located immediately to the left and right of the driver.

2. Any manual or power-operated window fails to operate properly.

3. The vent/side windows do not conform to safety-glass requirements.

Advise customer if:

1. Windows to the driver's left and right contain aftermarket tint. These windows may be in violation of State Law

23 V.S.A. § 1125.

Procedure: Examine side windows to the rear of driver.

Reject vehicle if:

Any manual or power-operated window fails to operate properly.

2. The rear side windows do not conform to safety-glass requirements.

Procedure: Examine back window.

Reject vehicle if:

The back window does not comply with the safety standard of the manufacturer's specifications.

Additional Glazing Information

Glazing Material Position Markings:

The letters AS and the numerical markings that should be found on glazing materials. These numbers come from American National Standards Institute (ANSI) Glazing Standard Z26.1 and in accordance to 49 C.F.R. § 571.205.

| Position Number | Description | | --- | --- | | 1 | Safety Glazing Material for use anywhere in motor vehicle. | | 2 | Safety Glazing Material for use anywhere in motor vehicle except windshields. | | 3 | Safety Glazing Material for use in a motor vehicle except windshields and certain specified locations. | | 4 | Safety Glazing Material for use in motor vehicles only in the following locations. | | 5 | Safety Glazing Materials for use in motor vehicles only in the following specific locations at levels not requisite for driving visibility. | | 6 | Safety Glazing Materials for use only in house or property carrying trailers, in the rear windows of convertible passenger car tops, in windscreens for motorcycles, in flexible curtains or readily removable windows, or in ventilators used in conjunction with readily removable windows. | | 7 | Safety Glazing Materials for use in house or property carrying trailers and at levels not requisite for driving visibility in the rear window of convertible passenger car tops, in windscreens for motorcycles, in flexible curtains or readily removable windows, or in ventilators used in conjunction with readily removable windows. | | 10 | Bullet Resistant Glass for use anywhere in motor vehicle. | | 11 | Bullet Resistant Glass for use anywhere in motor vehicles except windshields. |

Vehicle Interior

Procedure: Examine interior vehicle components to include: interior rearview mirror, sun visor, seats, and safety belts.

Reject vehicle if:

Interior mirror is missing, cracked, loose, broken, has sharp edges, or cannot be cleaned, obscuring rear vision.

Note: This does not apply to vehicles with manufactured restricted rear vision (e.g.,, utility vans, dump bodies, etc.). In these cases, two side mirrors are required.

2. Any driver's seat adjusting mechanism slips out of position or fails to move forward and backward.

3. Manual seat belt webbing is frayed, split, worn, or cut.

4. Manual seat belt buckles do not operate properly.

Any seat belt anchor or bolt is loose, missing, or not fastened to the belt.

6. A motorized seat belt does not move and secure in locked position properly.

7. An airbag on/off switch that was not original equipment exists, and the owner cannot produce a federal exemption.

8. The seat belt connection indicator lamp continues to flash or remains illuminated when the seat belt is fastened.

Advise customer if:

1. The driver's sun visor is missing.

Exterior Body and Sheet Metal

Procedure: Examine exterior vehicle components, including mirrors, wipers, washer systems, sheet metal/body, bumpers, flaps, fenders, floor pan, truck caps, and bed liners.

Mirrors, 23 V.S.A. § 1305

Reject vehicle if:

An exterior rearview mirror is loose enough to prevent clear vision to the rear of the vehicle.

2. An exterior rearview mirror is cracked, pitted, broken, or clouded enough to obscure rear vision.

3. An exterior mirror is missing or cannot be adjusted.

Note: All vehicles manufactured after January 1, 1968, were equipped at the factory with a left exterior rearview mirror.

Windshield Wipers/washer

Reject vehicle if:

Front windshield wipers are not operational.

2. Vehicles produced after January 1, 1969, do not have two or more windshield wiper speed settings.

3. Portions of blades that contact the windshield are ripped or are missing sections of the rubber.

4. The windshield washer system is not capable of cleaning the critical area of the windshield.

Advise customer if:

1. The rear window wiper does not function.

2. Blades smear or severely streak the windshield after five cycles.

3. Headlight wipers or washers do not function.

Sheet Metal/Body

Reject vehicle if:

There is torn metal or corrosion which breaks the integrity of the sheet metal by passing through ANY nonstructural area of the vehicle that is not covered to ensure they are not a hazard.

Any hole is present that would allow gas fumes to enter the interior of the vehicle.

3. Loose or dislocated parts protrude from the surface of the vehicle that cannot be repaired or removed.

4. Sharp or jagged edges protrude from the bumper cover that cannot be repaired or removed.

5. The difference in height between the body floor and the top of the frame exceeds 4 inches.

Advise customer if:

There is torn metal or any perforation present on ANY nonstructural area of the vehicle. The mechanic should recommend the customer have the item repaired or replaced.

Note: Metal tape may be used to repair torn metal or perforation smaller than two (2) inches in diameter located on any nonstructural area of the vehicle.

Flaps, 23 V.S.A. § 1306

Flaps are required if B is greater than 1/2 of A.

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If flaps are required, the standard below must be followed:

Flaps must extend laterally for at least the width of the tires, and their length must result in a clearance from the ground to the bottom edge of the flap exceeding 6 inches but less than 16 inches, when empty.

Reject vehicle if:

Flaps are required but are not present or do not meet the standard described above.

Fenders

Reject vehicle if:

Any fender has been removed.

2. A fender fails to cover the tread portion of a tire.

3. A rear fender and/or fender well is rusted or damaged enough that it allows exhaust gas to enter the passenger compartment.

Doors

Reject vehicle if:

Doors or door parts are missing, broken, or sagging and prevent the door from being tightly closed or opened from both the inside and the outside.

Bumper

Reject vehicle if:

A bumper is loosely attached, or a broken or torn portion protrudes.

2. Any bumper mount, beam, or bar is corroded to the extent that it displays cracks or holes or shows indications of previous impact damage.

3. Exterior covers of the front and rear bumpers are not securely fastened or display any damaged condition of its skin protruding from the exterior surface.

4. The bumper is not of a type installed by the manufacturer or is an aftermarket replacement that does not have material to absorb a reasonable impact.

The maximum bumper height does not meet the standard below:

| VEHICLE CLASS | HEIGHT | | | --- | --- | --- | | Front Bumper | Rear Bumper | | | Pleasure Cars | 22 inches | 22 inches | | Trucks and MPVs: | | | | 4,500 pounds and under (GVWR) | 24 inches | 26 inches | | 4,501-7,500 pounds (GVWR) | 27 inches | 29 inches | | 7,501-10,000 pounds (GVWR) | 28 inches | 30 inches | | Four-wheel-drive and dual-wheel trucks | 28 inches | 31 inches |

Note: "Bumper height" is the vertical distance between the ground and the highest point of the bottom of the bumper, measured on a level surface, with the vehicle's tires inflated to the manufacturer's recommended pressure. For any vehicle with bumpers or attaching components that have been modified or altered from the original manufacturer's design to conform with the maximum bumper height of this section, the bumper height must be measured from a level surface to the bottom of the vehicle frame rail at the most forward and rearward points of the frame rail. 49 CFR Part 581.

Hood

Reject vehicle if:

The hood latch does not securely hold the hood in its proper fully closed position.

2. The secondary or safety hood catch does not function properly.

3. The hood latch release mechanism or its parts are broken, missing, or badly adjusted, so the hood cannot be opened and closed properly.

Note: If the vehicle is equipped with an aftermarket hood that can't use the existing manufacturer's hood release mechanisms, pins can be substituted as long as they are properly mounted to the radiator support.

Floor Pan

Reject vehicle if:

The floor pan has any cracks or any hole that may permit exhaust fumes to enter the interior of the vehicle or if the floor pan is rusted to the point that there are sagging areas.

Truck Caps and Bed Liners

Reject vehicle if:

The cap or bed liner is not securely attached.

Frame/Unibody -- Structural Components

Procedure: Examine the undercarriage of the vehicle's frame and/or unibody, rocker panels, cross members, body mounts, engine mounts, and engine cradle.

Rocker Panel

Reject vehicle if:

Any area of a rocker panel displays corrosion, damage or cracks which breaks down the integrity of the metal by passing through the inner or outer rocker panel. Items such as duct tape, foam spray insulation, or other materials are not acceptable.

Advise customer if:

1. Any area of the rocker panel is deformed, kinked, bent, or is displaying moderate to severe corrosion. The mechanic should recommend the customer have the rocker panel repaired or replaced.

Frame Components

Reject vehicle if:

Any area of the frame or cross members connecting the left side of the frame to the right side of the frame, cross members connecting to the inner rocker panels, engine mounts, or engine cradles exhibit corrosion which breaks the integrity of the metal by passing through a component, or causes cracks, causes breaks, causes tears, or any broken manufactured welds or is missing any section of an original manufactured component. Items such as duct tape, foam spray insulation, or other materials are not acceptable.

Note: No patches, welds, or repairs of any kind to any portion of the above-described frame and unibody areas are acceptable, unless the repair meets manufacturer recommendations, specifications or requirements.

Advise customer if:

1. Any area of the frame component is deformed, kinked, bent, or is displaying moderate to severe corrosion. The mechanic should recommend the customer have the component repaired or replaced.

Exhaust System

Procedure: Examine vehicle exhaust system and components, including piping leading from the cylinder head to the exhaust end of the tailpipe.

Reject vehicle if:

The vehicle has no muffler.

There are nonmanufactured holes or leaks in the exhaust system from cylinder head to the tailpipe.

Note: Repairs with equal or greater material than that commonly used in the manufacturing of exhaust systems are permitted.

3. Components of the system are not securely fastened.

4. Any heat shield connected to the body (floor pan) is missing.

5. Any component of the system passes through the passenger compartment.

6. The exhaust system does not discharge exhaust fumes beyond the passenger compartment of the vehicle.

Advise customer if:

1. The tailpipe end is pinched, plugged, or crushed, which would restrict the exhaust flow.

2. If any heat shield connected to the exhaust system (not to the body/floor pan) is missing.

3. There is a muffler, muffler cutout, or similar device that allows excessive noise.

Fuel System

Procedure: Examine the vehicle fuel tank, fuel tank support straps, filler tube (rubber, plastic, metal) tube clamps, fuel tank vent holes or tubes, filler housing drain, overflow tubes, vapor recovery system components, and filler cap.

Reject vehicle if:

Any part of the system is not securely fastened.

2. There is vapor or liquid fuel leakage caused by deterioration at any point in the system.

3. The fuel tank filler cap is missing (if originally equipped).

4. The fuel tank is an auxiliary or added tank or if the primary tank has been removed or is not operational.

5. Fuel hoses or tubes are contacting moving components.

EMISSION CONTROLS

Catalytic Converter

Procedure: If originally equipped with a catalytic converter(s), visually examine for the presence of a properly installed catalytic converter(s) while vehicle is on a lift.

Special consideration should be given to the following:

1. Many resonators or mufflers look like catalytic converters. Consult the manufacturer's specification, if necessary, for the catalytic converter location.

2. Look beyond the converter heat shield to verify the converter itself is present.

3. On some vehicles, the converter is located close to the engine. It may be necessary to raise the hood to verify the converter's presence.

4. Some engines have two converters, one on each pipe of the manifold "Y" pipe, while others have only one converter. Consult the manufacturer's specifications for design details.

5. Many "dual-bed" catalytic converters have an air injection tube installed between the beds. This tube must be present and connected for approval.

Reject vehicle if:

The catalytic converter is disconnected, removed, or shows signs of tampering.

2. The air supply to the converter is disconnected or removed, if applicable.

Note: To determine if a vehicle was originally equipped with a catalytic converter:

a. Locate the vehicle emission control information (VECI) label under the hood. Vehicles built during 1966-1970 model years in conformity to U.S. standards may not have this label but can be easily identified by a Department of Transportation (DOT) doorpost label indicating conformity with federal safety standards. All 1971 and newer cars, light-duty trucks, or multipurpose vehicles are required to have this label placed in the engine compartment. The label should indicate "Catalyst" if the vehicle was originally equipped with a converter. If unable to locate the VECI label, consult the manufacturer.

b. In some instances, especially in the cases of pickup trucks and vans, it may be necessary to verify the GVWR of the vehicle.

Note: The GVWR can be determined by opening the driver's door and reading the label on the edge of the doorpost.

c. If it cannot be determined whether the vehicle was originally equipped with a catalytic converter, contact the manufacturer or other appropriate information source for specifications.

Fuel Cap Test

Procedure: Visual examination of the fuel cap, if originally equipped, is required.

Reject vehicle if:

The fuel cap is missing or defective.

On-Board Diagnostics (OBDII) Test

Applicability:

Starting from the current calendar year, vehicles 16 model years old or less[n1], having a GVWR of 8,500 pounds or less will be required to undergo an on-board diagnostic (OBDII) system inspection. For example: from January 1, 2020, through December 31, 2020, vehicles that are model year 2005 or newer will be required to undergo an on-board diagnostic (OBDII) system inspection.

[n1 For purposes of determining which model year vehicles are subject to testing, vehicles with the same model year as the current calendar year will be considered one model year old.]

Procedure: OBDII inspections must be performed using equipment and procedures, including all equipment software prompts, approved by the DMV in consultation with the Department of Environmental Conservation (DEC).

1. As prompted by the approved equipment, perform a visual check of the malfunction indicator lamp with the vehicle in the Key On/Engine Off status.

2. As prompted by the approved equipment, connect the data link cable to the vehicle's data link connector and follow the screen prompts to enable the equipment to retrieve OBDII data.

3. As prompted by the approved equipment, perform a visual check of the malfunction indicator lamp with the vehicle in the Key On/Engine Running status.

4. As prompted by the approved equipment, turn the ignition key off and disconnect the data link cable from the vehicle's data link connector.

Reject vehicle if:

The vehicle's OBDII data link connector is missing, has been tampered with, or is otherwise inoperable.

2. The vehicle's malfunction indicator light does not illuminate at all when the vehicle's ignition is in Key On/Engine Off.

3. The vehicle's malfunction indicator light is illuminated while the vehicle's engine is running.

4. The vehicle's malfunction indicator light is commanded by the OBDII system to be illuminated.

5. An insufficient number of readiness codes are set, as determined by the DMV in consultation with the DEC.

Note: If performing a pre-approved paper based test, it is the inspector's responsibility to ensure the most recent criteria regarding the allowed number of readiness monitors is used. Current guidelines can be determined by calling the technical support hotline or visiting the AVIP portal.

SPECIAL MOTOR VEHICLES

Inspection of Special Vehicles

Antique vehicles, kit cars, and replicas must be inspected as prescribed in the Pleasure Car/Truck Section. Street rods, neighborhood electric vehicles, homebuilt vehicles, and exhibition vehicles must be inspected according to the procedures below.

Minimum Requirements for Construction and Equipment of Special Motor Vehicles:

Of passenger vehicles and trucks with an unladen weight of 10,000 pounds or less equipped with two or more axles having at least two wheels per axle, the term "special motor vehicles" includes the following types:

1. Antique: Exhibition vehicles to which "Antique Car" number plates are to be issued must be 25 years old or older to qualify. 23 V.S.A. § 373, DMV Rules.

2. Exhibition: These vehicles are generally very unique. Homebuilt vehicles registered as exhibition vehicles are exempt from OBDII.

Homebuilt Vehicles: All homebuilt vehicles registered as a pleasure car or truck must meet all the requirements of the inspection manual, including OBDII.

4. Kit Car: These vehicles have a commercially manufactured body and/or body and frame that may resemble a regularly manufactured vehicle or are vehicles whose body may be of a unique design but is manufactured to fit on a commercially manufactured frame.

5. Neighborhood Electric Vehicles (NEVs): NEVs must conform to the minimum safety equipment requirements in the Federal Motor Vehicle Safety Standard No. 500, Low-Speed Vehicles (49 CFR. 571.500). NEVs must be equipped with the following:

| Headlamps | Seat belt(s) | VIN | | --- | --- | --- | | Parking/hand brake | Stop lamps | Windshield | | Rearview mirror(s) | Tail lamps | | | Reflex reflectors | Turn signals | |

Replica: These vehicles are often equipped in the same manner and with the same components as the original duplicated vehicle and should be inspected using the same criteria as for the original vehicle.

7. Street Rod: These may be inspected using the criteria specified below only after having been certified as a street rod by a person authorized by the commissioner to make such determination. At the time of inspection, the owner or operator must present the certificate of verification properly executed.

Type I street rods are restored to their original body configuration and may contain changed steering, brake, power train, or suspension systems and may include "replicas of street rods," "replicas," or "kit cars."

Type II street rods are changed from the recognized vehicle manufacturer's original body configuration but retain the general appearance, including changes to the body chassis or engine of the original vehicle. This type may also include changes and modifications to engine, chassis, brake system, power train, steering, and suspension systems and may include "replicas of street rods," "replicas," or "kit cars."

Note: You may call the area investigator or the Inspections Unit in Montpelier to obtain the name and contact of the nearest authorized person to obtain certification as a street rod.

Defroster and Defogging Device

Every special vehicle manufactured in 1964 or later must be equipped with a device capable of defogging or defrosting the windshield.

Door Latches

Every special vehicle equipped with doors leading directly into a compartment that contains one or more seating accommodations must be equipped with mechanically activated door latches that firmly and automatically secure the door when pushed closed, and that allow each door to be opened from the inside using a convenient lever, handle, or other suitable device. Note: No special vehicle should have electronically activated door latches installed after January 1, 2018.

Floor Pan

Every special vehicle must be equipped with a floor pan under the entire passenger-carrying compartment. The floor pan must support the weight of the number of occupants the vehicle is designed to carry. The floor pan must be constructed to prevent the entry of exhaust fumes.

Glazing

Refer to the glass guidelines in the Pleasure Car and Light Truck section.

Note: The minimum vertical height of the unobstructed windshield glass must be 6 inches or greater, or as originally equipped by a recognized manufacturer.

Side and Rear Glass

These items are not required, but if they are present, they must comply with the provisions of current ANSI Z 26.1 Standard. (AS1, AS2, AS4, AS6, AS10 or AS11.) Glass to the rear of the driver may be Lexan or tempered glass in a street rod.

Window Tinting

Refer to the glass guidelines in the Pleasure Car and Light Truck section.

Cracks, Chips, or Discoloration

Refer to the glass guidelines in the Pleasure Car and Light Truck Section.

Driver Visibility

The vehicle must have a windshield and side windows or openings that allow the driver a minimum outward horizontal vision capability of 90 degrees to each side of a vertical plane passing through the fore and aft centerline of the vehicle. This range of vision may be interrupted by window framing not exceeding 2 inches wide and windshield-door post support areas not exceeding 4 inches wide at each side location.

Hood Latches

A front-opening hood should be equipped with primary and secondary latching systems to remain in a closed position.

Instrumentation and Controls

1. Odometer: Every special vehicle must be equipped with an operating odometer calibrated to indicate total miles driven.

2. Speedometer: Every special vehicle must be equipped with an operating speedometer.

3. Steering Wheel: Every special vehicle must be equipped with a circular steering wheel with an outside diameter of 13 inches or more.

Rearview Mirror

Every special vehicle must be equipped with two rearview mirrors, each having substantial unit magnification. One must be mounted on the inside of the vehicle in such a position that it provides the driver a clear view to the rear. The other must be mounted on the outside of the vehicle on the driver's side in such a position that it provides the driver a clear view to the rear. When an inside mirror does not offer a clear view to the rear, a right-side outside mirror is required. The mirror mounting must allow horizontal and vertical mirror adjustment. Each mirror must have a minimum of 10 square inches of reflective surface or, if round, must be a minimum of 3 inches in diameter.

Seat Belts

Every special vehicle must be equipped with a safety belt system for each occupant. Any safety belt system must, at a minimum, be a Type 1 (lap belt) and must meet Federal Motor Vehicle Safety Standard 209. All safety belt systems must be securely anchored to the vehicle body.

Windshield Wipers

Every special motor vehicle must be equipped with at least one windshield wiper with a blade at least 5 1/2 inches long, properly centered upon the driver's position, that effectively clears the windshield area directly in front of the driver. The operation of the windshield wiper(s) must be controlled by the driver from within the vehicle and must be manually, electrically, or vacuum operated.

Accelerator Control System

Every special motor vehicle must be equipped with an accelerator control system that returns the engine throttle to an idle position when the driver removes the actuating force from the accelerator control.

Brakes: Service Brakes

Every special motor vehicle must be equipped with hydraulic brakes acting on all wheels. The service brakes, upon application, must be capable of meeting all the requirements specified in the Pleasure Car and Light Truck Section.

CHASSIS REQUIREMENTS

Parking/Hand Brake

The parking/hand brake must meet all the requirements listed the Pleasure Car and Light Truck Section.

Bumpers

1. Every motor vehicle registered in this state and operated upon the public streets or highways must be equipped with front and rear bumpers if the vehicle was equipped with such bumpers as standard equipment. Bumpers are optional on street rods, as defined earlier in this section.

2. Bumpers must extend to the width of their respective wheel track distances. The horizontal bumper or customized bumper or grill bar structure must be at least 4 1/2 inches in vertical height, centered on the vehicle's centerline, and attached to the vehicle frame to effectively transfer impact when engaged.

Exhaust System

Every special motor vehicle must be equipped with an exhaust system free of leaks, including the exhaust manifolds (including headers), the piping leading from the flange of the exhaust manifold(s), the muffler(s), and the tail piping. Vehicles registered as exhibition vehicles are exempt from OBDII requirements.

Exhaust systems on property-carrying vehicles must discharge the exhaust fumes to the rear of the part of the vehicle designed for, and normally used for, carrying the driver and passengers. Side-exiting exhaust systems must be vented to the rear of all passenger compartment doors.

Fenders

All wheels of every special motor vehicle must be equipped with fenders designed to cover the entire tire tread width that comes in contact with the road surface. Coverage of the tire tread circumference must be from at least 15 degrees in front to at least 75 degrees to the rear of the vertical center line at each wheel, measured from the center of wheel rotation. The tire must not at any time come in contact with the body, fender, or chassis of the vehicle. Fenders are optional on street rods for any model year before 1935.

Fuel System

Every special motor vehicle must have all fuel system components, such as tank, tubing, hoses, clamps, etc., securely fastened to the vehicle with fasteners designed for this purpose so as not to interfere with the vehicle's operation, and the system must be leak proof.

Fuel lines must be positioned to avoid contact with high-temperature surfaces or moving components. The fuel tank must be vented to the outside of the vehicle and must have a sealed inlet (filler) pipe cap.

Steering

A special motor vehicle must have no steering components extending below the wheel rims in their lowest position. The use of unconventional steering components, such as chain drive, sprockets, or electric solenoids, is prohibited. The steering system must remain unobstructed when turned from lock to lock.

While the vehicle is in a sharp turn at speeds between 5 MPH and 15 MPH, the release of the steering wheel must result in a distinct tendency for the vehicle to increase its turning radius. (Stability tests must be performed on a dry, level concrete or asphalt road having no loose surface contaminant, and the vehicle tires must be inflated to the recommended pressure, in accordance with the tire load, per Federal Motor Vehicle Safety Standard No. 109.)

Suspension

Special vehicles must be equipped with an operational damping device at each wheel location.

Scrub Line

For all special vehicles, as defined earlier in this section, on both the front and rear suspension of the vehicle, stretch a taut string from the bottom of each wheel rim to the bottom of each of the other three tires at the road surface. If any part of the steering, suspension, or chassis is below this string, the vehicle will not pass inspection. Allow an additional 1/4 inch, assuming the tire will not come off the rim if the tire should go flat. Items that may extend below the scrub line include body sheet metal, bumpers, exhaust system components, and oil and transmission pans.

Tires and Wheels

The tires on special motor vehicles must comply with current FMVSS and VESC-1 and VESC-7. Front tires on street rods must have a minimum of 5 inches of tread width in contact with the road surface and must be of a type approved for use on pleasure cars or trucks. Tires must meet all other standards specified in Section 2 of the Pleasure Car and Light Truck Section.

ELECTRICAL SYSTEMS REQUIREMENTS

Dimmer Switch

The headlamp circuit must be equipped with a driver-controlled switch used to select the high or low beam.

Headlamp Switch

The headlamp switch must activate the headlamps, tail lamps, license plate lamp, parking lamps, and the speedometer illumination lamp(s).

Headlamp System

Every special motor vehicle must be equipped with headlamp units, as described in the Pleasure Car and Light Truck Section. The headlamps must be mounted between 24 inches and 54 inches above the road surface when measured to the headlamp center. Lamp sub-bodies must be constructed with adequate adjustment to aim the headlamps.

High Beam Indicator

An indicator must be present to show the driver when the high beam of the headlamp system is energized. The indicator must emit a light other than white, plainly visible to the driver under normal driving conditions.

Horn

Every special vehicle shall be equipped with a horn that is electrically operated and that will emit a minimum sound level of ninety-two decibels (92 db) measured at a distance of two hundred feet (200') directly in front of the vehicle under clear weather conditions. The switch used to actuate the horn shall be easily accessible to the driver when operating the vehicle.

License Plate Lamp

At least one white lamp must illuminate the rear license plate.

Parking Lamps

Two amber or white parking lamps, in compliance with SAE J222, must be mounted on the front: one on each side, equidistant from the vertical centerline of the vehicle, at the same height, and as far apart as practical. The parking lamps must be mounted between 15 inches and 72 inches above the roadway.

Stop Lamps

Two red stop lamps, in compliance with SAE Standard J586b, must be mounted on the rear: one on each side, equidistant from the vertical centerline of the vehicle, at the same height, and as far apart as practical.

Type I or Type II vehicles that were originally equipped with only one stop lamp need not be equipped with two stop lamps, provided that the original lamp is located in accordance with the original design configuration. The stop lamps must be mounted between 15 inches and 72 inches above the roadway. (Combination lighting devices are acceptable.)

Tail Lamp System

Two red lamps, in compliance with SAE Standard J585c, must be mounted on the rear: one on each side, equidistant from the vertical centerline, at the same height, and as far apart as practical. The tail lamps must be mounted between 15 inches and 72 inches above the roadway. Type I vehicles that were originally equipped with only one tail lamp need not be equipped with two tail lamps, provided that the original lamp is located in accordance with the original design configuration. (Combination lighting devices are acceptable.)

Turn Signal Indicator

If the front signal lamp(s) are not readily visible to the driver, there must be an illuminated indicator that gives a clear and unmistakable indication that the turn signal system is turned on. The illuminated indicator must consist of one or more bright lights flashing at the same frequency as the signal lamps, and it must emit a light other than white. (Combination lighting devices are acceptable.)

Turn Signal Lamps

Two Class A red or amber turn signal lamps and two Class A amber turn signal lamps, in compliance with SAE J588d, must be mounted as follows: At or near the front, one amber lamp on each side, equidistant from the vertical centerline, at the same height, and as far apart as practical. On the rear, one red or amber lamp on each side, equidistant from the vertical centerline, at the same height, and as far apart as practical. All turn signal lamps must be mounted between 15 inches and 83 inches above the roadway. Type I vehicles that were originally equipped with only one tail lamp need not be equipped with two tail lamps, provided that the original lamp is located in accordance with the original design configuration. (Combination lighting devices are acceptable.)

Turn Signal Switch

Every special vehicle must be equipped with a switch controlled by the operator of the vehicle that causes the turn signal lamps to function.

Replacement Lenses

On street rods, as defined earlier in this section, where an original lens cannot be found to replace a cracked or defective stop, tail, or rear lens, it is acceptable to replace the lens with a portion of a similarly approved lens cut and shaped to the appropriate size, so long as the original lens was of an approved type.

Automatic Transmission

For automatic transmission only, regarding the neutral safety starting switch, confirm that the starter operates with gear selector in "P" or "N" only. If the starter operates in any gear other than park or neutral, the vehicle cannot pass inspection.

Engine Enclosure

Special vehicles must be equipped with an enclosure providing coverage for all pulleys, belts, and external moving engine parts. The cover must be made of rigid material and completely cover all moving parts. If a flat cover is used, it must extend at least 1 inch beyond all parts being covered. If the cover encases the moving parts, it need not extend the required 1 inch beyond all edges. Engines with pulleys, belts, and other moving parts encased need only enclose the air intake with rigid mesh material. The openings in the mesh must not exceed 1/4 inch.

If the hood is removed from a vehicle with a front-mounted engine, the fan must be enclosed within a shroud of substantial rigid material to prohibit anyone from inadvertently being injured and to prevent the fan from flying up from the engine compartment should it become loose.

Firewall

The vehicle must be equipped with a firewall constructed of a metal or comparable insulated fire-retarding-material protective barrier to separate the engine compartment from the passenger compartment, capable of withstanding forces normally encountered in collisions and designed to retard the spread of fire from the engine compartment into the passenger compartment.

MOTORCYCLE, MOTOR-DRIVEN CYCLE & AUTOCYCLE

Steering and Wheel Alignment

Procedure:

1. Steering and alignment items should be checked visually and adjusted according to the manufacturer's specification.

2. Check for condition, adjustment, wear, or broken and defective parts.

3. Check ball joints if so equipped.

Reject vehicle if:

The frame is bent.

2. Wheels are out of line.

3. Broken, loose, or worn components are present.

There is a loose, broken, defective, or out-of-adjustment steering head bearing.

5. Loose, bent, broken, or damaged handlebars are present.

Ball joints are present, and looseness or play exceeds the manufacturer's specification.

Advise customer if:

1. In normal riding position, handlebar grips must not be higher than 15 inches above the saddle, as defined in 23 V.S.A. §

Suspension

Procedure: Examine the suspension system and check for defective, broken, worn or missing components.

Reject vehicle if:

The vehicle has broken, worn, missing, defective, disconnected, or malfunctioning shock absorbers.

Broken or sagging springs that affect the safe control of the motorcycle.

Tires, Wheels, and Rims

Tires, wheels, and rims should be checked by visual examination.

Procedure: Check for condition and mounting of wheels, condition, and adjustment of bearings, wear, play, and any broken parts.

Reject vehicle if:

There are loose, missing, cracked, or defective bolts, nuts, or lugs.

2. The vehicle has a bent, loose, cracked, or damaged wheel; defective rim or wheel flange; or missing, broken, bent, loose, or damaged spokes.

3. The wheel runout exceeds 3/16 inch.

4. Broken or out-of-adjustment wheel bearings are present.

5. Grease retainers are defective.

6. Wheels are out of balance.

7. A tire does not meet the visual and tread depth requirements set forth in these standards.

Procedure: Inspect for tire wear. Tread depth is the amount of tread design on the tire.

Note: Tire tread depth must be measured in any two major tread grooves.

Reject vehicle if:

There is a fabric break, cut, or weather crack in any direction on the outside of the tire or if it has been repaired temporarily through the use of a blow-out patch or boot.

2. Any bump, bulge, or knob indicates separation or partial failure of tire structure.

3. Any portion of the ply or cord structure is exposed.

4. A portion of the tread design is completely worn, provided such worn portion is of sufficient size to affect the traction and stopping ability of the tire.

5. A tire is worn so that less than 2/32 inch of tread remains.

6. A tire is not of a type designed for use on a motorcycle.

Fuel System

Procedure: Examine fuel system, paying particular attention to connections, fittings, and linkage. Power setting control (throttle) must be of the twist-grip type located on the right handlebar and must be self-returning to the idle position.

Reject vehicle if:

There is fuel leakage at any point in the fuel system.

2. The fuel tank and piping are not securely installed.

3. The fuel tank is not vented.

4. The throttle is not aligned or binding or if the linkage is worn, bent, broken, corroded, or missing.

5. The power setting control (throttle) fails to return to low engine speed.

Exhaust System

Motorcycles, motor-driven cycles, and autocycles must be equipped with an exhaust system, where applicable, incorporating a muffler or other mechanical device for the purpose of reducing engine noise.

Procedure: Examine the complete exhaust system, paying particular attention to rusted and corroded parts and surfaces.

Reject vehicle if:

The muffler or exhaust pipe has breaks, open seams, or perforations. All joints must be tight, and the entire system must be firmly attached to the vehicle.

2. Any patch or repair jacket is used other than one welded securely and completely around the entire perimeter.

3. Any component is not securely fastened or is located, so it interferes with the operation of the motor-driven cycle.

4. Shielding is not present to prevent inadvertent bodily contact with any part of the exhaust system during normal operation.

Any muffler (or catalytic converter, if so equipped) is present that is not original factory installed equipment, not equivalent replacement equipment, or not designed for highway use.

The muffler does not have baffles or baffles have been removed.

7. Any changes, modifications, alterations, deletions, or adjustments have been made to the exhaust system that would cause any exhaust system to generate an unreasonable sound level.

Advise owner if:

The exhaust system has cutout or bypass in violation of 40 C.F.R. 205.166.

Brakes

Every motorcycle/motor-driven cycle/autocycle must be equipped with at least one service brake, which may be operated by hand or foot.

Condition of Mechanical Components

Procedure: Visually inspect the condition of the mechanical components. Items to be checked specifically include:

• Worn pins

• Missing or defective cotter pins

• Broken or missing springs

• Worn rods, clevises or couplings

• Frozen, rusted, or inoperative connections

• Missing spring clips

• Brake linings, drums, and rotors

• Misaligned anchor pins

Reject vehicle if:

Mechanical parts are misaligned, badly worn, broken, or missing.

2. There is high friction in pedal arrangement or brake components.

Brake operating levers are improperly positioned or misaligned.

4. There is an angle greater than 90 degrees between the cam-operating lever and the actuating cable or rod.

5. Brake lining thickness is less than the manufacturer's minimum thickness.

6. Rotor thickness is less than the manufacturer's recommended minimum thickness.

7. Drum inside diameter exceeds the manufacturer's maximum tolerance.

8. More than 1/2 inch of rust (cumulative per braking surface) exists on the contact surface of the rotor/drum.

Note: Rust is defined as a condition of any swelling, delamination, or pitting.

9. The rotor is warped.

10. Evidence of cracks exist on the rotor/drum.

Condition of Hydraulic System

Procedure:

Visually inspect the hydraulic system. Specific items to be checked include:

a. Wheel cylinders for leakage.

b. Binding pistons.

c. Hydraulic hoses and tubes for kinks; cracked, chafed, or flattened or restricted sections; and improper support.

d. Master cylinder for leakage.

Check master cylinder rod for proper adjustment and test system for brake fluid leakage by applying moderate pressure to brake controls and maintaining this pressure for at least 1 minute. Check fluid level in master cylinder.

Reject vehicle if:

There are leaks in the master cylinder or wheel cylinders.

2. There are scraped hydraulic hoses. Hydraulic hoses, tubes, or connections are leaking, restricted, crimped, cracked, or broken. Connecting lines are not properly attached or supported to prevent damage or abrasion by contact with the frame, axle, other lines, or any part of the vehicle. Pressure hoses are not equal to manufacturer's original equipment.

3. The master cylinder rod is improperly adjusted.

4. The brake pedal has a tendency to move slowly toward applied position (indicating fluid leakage) while pressure is maintained on the pedal/lever for 1 minute.

5. The master cylinder fluid level is below minimum level.

Road Test

Procedure:

1. At a speed of 20 MPH, apply the service brake firmly without lockup.

Verify that the vehicle comes to a smooth stop within 30 feet from 20 MPH.

3. The driver should have firm control of the handlebars throughout the test.

Mechanic Advisory: Federal Motor Vehicle Safety Standards (FMVSS) state that the road test must be conducted on a level (not to exceed plus or minus 1 percent grade) dry, smooth, hard-surfaced road that is free from loose material, oil, and grease, Title 49 CFR 570.

Note: Consider Vermont's seasonal inclement weather conditions and conduct road tests in conditions that ensure that an examination can be conducted appropriately.

Reject vehicle if:

The vehicle fails to stop in the distance equal to or less than specified.

2. The foot and hand levers do not have at least one-third of their travel as reserve after brakes are fully applied.

Anti-lock Braking System (ABS)

Procedure: If ABS equipped, inspect the vehicle for properly operating ABS.

Reject vehicle if:

The ABS light fails to illuminate.

Lighting and Electrical Systems

Required Minimum Lighting Specifications:

Note: Motor-driven cycles whose maximum attainable speed is 30 MPH or slower are not required to have turn signals.

| Headlamps: High and Low Beam 23 VSA $S1245 | 1 Required | White | Modulating Headlamp Is Permissible | | --- | --- | --- | --- | | Turn Signals - Front | 2 Required | Amber | | | Turn Signals - Rear | 2 Required | Amber or Red | | | Tail Lamps/Stop Lamps 23 VSA $S1248 | 1 Required | Red | Flashing Brake Light Is Permissible | | License Plate Lamp 23 VSA $S1248 | 1 Required | White | |

Note: Turn signals and reflectors showing to the front must be amber in color, and lamps showing to the rear must be red or amber in color.

Procedure: Inspect headlamps, tail lamps, turn signals, stop signals, parking lamps, and reflectors for condition and proper operation.

Reject vehicle if:

Lamps are not DOT/SAE approved with appropriate markings.

2. A headlamp does not function or does not operate as designed.

3. A headlamp does not illuminate a clear white light.

4. A headlamp lens is not clear.

5. The vehicle is not equipped with at least one tail lamp.

6. The tail lamp is not functional.

7. The tail lamp is not red in color.

8. The vehicle is not equipped with at least one stop signal (this may be combined with another rear lamp).

9. The stop signal is not functional or does not illuminate with the application of both hand/foot levers.

10. The stop signal is not extinguished when the turn signal lamp is functioning (if combined with the turn signal lamp).

11. The stop signal is not red.

12. The vehicle is not equipped with at least one license plate lamp.

13. The license plate lamp is not white.

14. The power source does not maintain lamps at the required brightness for all conditions of operation.

15. Any required lamp or lens is turned or inclined so that its light is not properly directed.

16. If equipped with LED lamps, more than 50 percent of any one lamp is inoperable.

Advise customer if:

1. Auxiliary or aftermarket license plate or undercarriage glow light(s) are placed on or under the vehicle, whether flashing or steady burning.

2. The rear plate is not visible under normal (night) conditions from 50 feet to the rear.

3. The dimmer switch is in an unnatural location.

4. The beam indicator, if installed, is not operational.

5. Any signal-operating unit canceling mechanism is not functioning properly.

6. Wiring is in poor condition, improperly installed or insulated, or located where it could incur damage.

7. Any connection is not secure or shows signs of excessive corrosion.

Headlamp Testing

When examining headlamps for illumination, if beams appear to be out of alignment, headlamp aim must be checked using one of the following methods:

-- Approved screen, placed 25 feet in front of the headlamp.

-- Approved photoelectric testing machine that will give essentially equivalent results.

Procedure:

1. Check for the proper inflation of tires.

2. Rock the cycle to free and equalize the suspension.

3. Aim with a rider in the saddle.

Clean lenses, check for burned out and correct bulbs, and proper wiring and switches.

5. Check headlamp approval. A minimum of one lamp is required.

Headlamp Adjustment

Procedure: Adjust the headlamp until the hot spot on the high beam is aimed straight ahead and drops the following distance in 25 feet:

-- Single- and double-filament lamps should have a 2-inch drop in 25 feet.

-- All headlamps must show a clear white light. No colored headlamp lens is permitted.

-- Beam indicators are required on all motor vehicles originally designed with a beam indicator as an integral part of the lighting system.

Horn

Procedure: Examine the horn for condition and operation.

Reject vehicle if:

The horn is not audible under normal conditions.

Advise owner if:

The horn is not securely fastened to the vehicle.

Windshield/Windscreen

Windshields or windscreens are not required but, if installed, they must be free of cracks, discoloration, and scratches and must be mounted so that the driver's vision is not obstructed.

Advise Customer if:

1. There are any cracks, discoloration, or scratches that obstruct or obscure the driver's vision.

Body Items

Procedure: Check for required body items, defective or discolored parts, and parts projecting from the vehicle.

Reject vehicle if:

Seats designed to carry more than one person are not equipped with footrests for passengers.

2. The engine mounting frame or brackets are cracked or broken.

3. Fenders and mudguards are broken, missing, or of insufficient design. Front and rear fenders must be equivalent to the manufacturer's original specifications.

4. Handlebars are not equipped with handgrips designed to ensure a firm, nonslip grip for the operator's hands.

5. Footrests for the driver are not securely mounted, are of insufficient design, or are in an improper location.

6. The seat is improperly or insecurely attached.

7. The sidecar, if present, is improperly attached or does not comply with lighting and tire requirements.

8. The clutch is not aligned or is binding, or the linkage is worn, corroded, broken, or missing.

9. Chain and belt guards are not sufficient to prevent bodily contact or snagging of clothing.

10. The vehicle stand fails to fold rearward and upward if it contacts the ground when the vehicle is moving forward, or it fails to fully retract.

Advise owner if:

The rear number plate bracket is not securely fastened.

2. The rear number plate is obscured.

3. The sidecar does not display an approved white or amber light mounted on the right side, showing to the front.

Speedometer and Odometer

Procedure: Examine speedometer/odometer.

All motorcycles must be equipped with an operable speedometer and odometer. The dial and calibrations on the speedometer must be legible and unobstructed from the view of the operator of the motorcycle.

Reject vehicle if:

1. The speedometer and/or odometer is not operational.

Rearview Mirror

Note: The rearview mirror must permit a clear view to the rear of the vehicle.

Procedure: Examine for security of mounting, visibility, and condition of mirror.

Reject vehicle if:

The rearview mirror(s) are missing.

Advise owner if:

Mirrors are cracked or discolored.

2. Mirrors are improperly installed.

Autocycle

If an autocycle is equipped or designed with components similar in design to a passenger vehicle,

those components must be inspected as if the autocycle were a passenger vehicle.

These components include (but are not limited to) the following:

-- Body components

-- Floor pan

-- Interior rearview mirror

-- Seat belts

-- Seats

-- Steering and suspension

-- Vehicle glass

-- Windshield wiper system

Additionally, if an autocycle is equipped or designed with components similar in design to a motorcycle, those components must be inspected as if the autocycle were a motorcycle.

Inspection Sticker Placement

The inspection sticker must be placed in one of the following locations:

1. The left outer side of the windscreen as low as possible and located, so it does not interfere with the vision of the operator.

2. The front portion of the left fender.

3. The left fork leg, located so that it is easily visible.

4. A metal tag securely attached to the left front side of the frame.

HEAVY TRUCK AND BUS

Most heavy trucks must comply with the equipment standards contained in the Federal Motor Carrier Safety Administration Regulations Title 49 Code of Federal Regulations Part 393.

Wheels and Tires

Tire Inspection - Steering Axle Only

Procedure: Examine tire for tread depth, wear, and regrooving.

Reject vehicle if:

Any tire has less than 4/32-inch tread when measured in any two adjacent major tread grooves at any location on the tire.

2. Any part of the breaker strip or casing ply is showing in the tread.

3. Any regrooved tires are found on front axle that have a load-carrying capacity equal to or greater than 4,920 pounds on any truck or truck tractor.

4. Any recapped or regrooved tires are found on the steering axle of any bus.

Mixing bias and radial tires on the same axle.

Tire Inspection - All Axles

Procedure: Examine tire for air pressure, restricted usage, cord exposure (bias ply and radial), mounting, damage, and tread depth.

Reject vehicle if:

Any tire is flat or has a noticeable leak (e.g.,, can be heard or felt).

2. Any tire is marked "NOT FOR HIGHWAY USE" or is otherwise equivalently marked. Exception: Floatation tires on any axle used on vehicles designed and used to transport waste from a waste treatment plant are acceptable if restricted to a maximum speed.

3. Any tire has cord exposed in the tread area or sidewall.

4. Any tire is so mounted or inflated that it contacts any part of the vehicle (this includes any tire contacting its mate in a dual set).

5. Any tire has a visually observable bump or knot apparently related to tread or sidewall separation.

6. Any tire is so worn that less than 2/32 inch of tread remains when measured in any two adjacent major tread grooves at three locations spaced approximately equally around the outside of the tire.

Wheel and Rim Inspection

Procedure: Examine disc wheels.

Reject vehicle if:

Any disc wheel has any crack.

Any stud or bolt holes are elongated.

Procedure: Inspect lock or side ring.

Reject vehicle if:

Lock or side rings are bent, broken, cracked, improperly seated, sprung, or mismatched.

Procedure: Examine for rim cracks.

Reject vehicle if:

There is any circumferential crack, except at a valve hole.

Procedure: Examine spoke wheel for cracks.

Reject vehicle if:

There are any cracks in any location.

Procedure: Examine fasteners.

Reject vehicle if:

Fasteners are loose, defective, or missing (both spoke and disc wheels).

Procedure: Examine welds.

Reject vehicle if:

There are any cracks in welds attaching disc wheels to rims.

2. There are any cracks in welds attaching tubeless demountable rims to adapters.

3. There are any welded repairs on aluminum wheels.

4. There are any welded repairs other than disc-to-rim attachment on steel disc wheels.

Steering Mechanism and Suspension

The steering system of the vehicle must be inspected for excessive wear and/or maladjustment of the linkage and/or steering gear. Vehicles equipped with power steering must have the engine running, with fluid level and belt tension adequate, before testing.

The suspension system must be inspected for excessive wear, cracks, or breakage that would prevent securement of the vehicle's axles to the vehicle frame.

Procedure: Examine steering wheel.

Reject vehicle if:

The steering wheel is not properly secured or if it has any cracked through or missing spokes.

Procedure: Examine steering lash.

Reject vehicle if steering wheel lash exceeds the following:

| Steering Wheel Diameter | Manual Steering System | Power Steering System | | --- | --- | --- | | 16 inches or less | 2 inches | 4 1/2 inches | | 18 inches | 2 1/4 inches | 4 3/4 inches | | 20 inches | 2 1/2 inches | 5 1/4 inches | | 22 inches | 2 3/4 inches | 5 3/4 inches |

Procedure: Examine steering column.

Reject vehicle if:

Any U-bolts or positioning parts are missing or loose.

2. There are any welded universal joints or if there are any obvious repairs made.

3. The steering column fails to lock into position.

Procedure: Examine front axle beam.

Reject vehicle if:

Any cracks are present.

2. There are any obvious welded repair(s).

Procedure: Examine steering gear box.

Reject vehicle if:

Any mounting bolt is loose or missing.

2. There are any cracks in the gearbox or mounting brackets.

Procedure: Examine pitman arm.

Reject vehicle if:

There is any looseness of the pitman arm on the steering gear output shaft.

Procedure: Examine power steering.

Reject vehicle if:

The auxiliary power-assist cylinder is loose.

2. Power steering fluid is leaking or dripping from any point in the system and fluid in the reservoir is below the proper operating level.

Procedure: Examine ball and socket joints.

Reject vehicle if:

Any stud nut moves under steering load.

2. There is any motion, other than rotational, between any linkage member and its attachment point of more than 1/4 inch.

3. There are any obvious welded repairs.

Procedure: Examine the tie rod and drag links.

Reject vehicle if:

There are any loose clamps or clamp bolts on tie rods or drag links.

2. There is any looseness in any threaded joint.

Procedure: Examine nuts.

Reject vehicle if:

There are loose or missing nuts on tie rods, the pitman arm, drag links, steering arms, or tie rod arms.

Procedure: Examine steering system.

Reject vehicle if:

Any modification or other condition interferes with the free movement of any steering component.

Heavy Truck Steering System

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Procedure: Examine king pin.

1. Grasp the top and bottom of the tire (or use pry bar) and attempt to rock it in and out to determine king pin looseness, as in the diagram below.

2. Measure the movement at the top or bottom of the tire at the outer circumference using a dial indicator.

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Reject vehicle if:

If there is movement at the top or bottom of the tire greater than:

| Wheel Diameter | | | --- | --- | | 16 inches or less | 1/4 inch (6.5 mm) | | 17 inches to 18 inches | 3/8 inch (9.5 mm) | | More than 18 inches | 1/2 inch (13 mm) |

Suspension

Procedure: Examine axle parts/members.

Reject vehicle if:

Any U-bolt, spring hanger, or other axle positioning part is cracked, broken, loose, or missing or if axles are not in proper alignment.

Note: After a turn, natural axle displacement is normal with some suspensions. Forward or rearward operation in a straight line will cause the axle to return to alignment.

Procedure: Examine suspension.

Reject vehicle if:

Any leaf in a leaf spring assembly is cracked, broken, missing, or shifted out of position.

2. The coil spring is cracked or broken.

3. There is a broken torsion bar spring in a torsion bar suspension.

4. Air suspension is deflated due to a system failure, leak, etc.

5. Spring shackles, pins, and bushings are worn to a point where the spring shackles contact the frame.

Procedure: Examine torque, radius, or tracking components.

Reject vehicle if:

Any torque, radius, or tracking component assembly or any part used for attaching them to the vehicle frame or axle is cracked, loose, broken, or missing (including missing bushings or bushings worn to the extent that they can be moved by hand along the axis of the component, but not loose bushings in torque or track rods).

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Heim Joints - Control Arm Assemblies

The design of some upper and/or lower control arm assemblies consist of an inner steel sleeve mounted in a rubber bushing on one end of an adjustable or non-adjustable shaft and a ball joint on the other end of the shaft. The bushing end of the control arm is sometimes referred to as a heim joint.

Procedure:

1. With the vehicle lifted, properly grasp the tire at top and bottom, rock it in and out, and record movement. There should be no movement or play in the heim joint part of the control arm assembly.

2. Consult the manufacturer's accepted tolerance for ball joint wear.

Caution: If air-suspension vehicles are lifted via the body support area, air spring damage may occur if the air suspension switch is not turned off.

Check for deterioration of the rubber that bonds the inner bushing to the control arm on the heim joint.

Reject vehicle if:

1 There is any play in the heim joint or the ball joint wear exceeds manufacturer limits.

2 The control arm is rusted to the point where its integrity is compromised.

3. There is zero play in the joint, but the rubber bushing is severely deteriorated. In this case, advise the owner to consider changing the assembly.

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Illustrated is a typical control arm assembly composed of a ball joint and heim joint connected by an adjustable shaft.

Coupling Devices

Procedure: If equipped, inspect fixed fifth wheel.

Reject vehicle if:

Any fasteners on either side are missing or ineffective.

2. There is any movement between mounting components.

3. Any mounting angle iron is cracked or broken.

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Procedure: Examine mounting plates and pivot brackets.

Reject vehicle if:

Any fasteners on either side are missing or ineffective.

2. There are any welds or parent metal cracks.

3. There is more than 3/8 inch of horizontal movement between the pivot bracket pin and the bracket.

4. The pivot bracket pin is missing or not secured.

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Procedure: Examine sliding fifth wheel.

Reject vehicle if:

Any latching fasteners are missing or ineffective.

2. Any fore or aft stop is missing or not securely attached.

3. There is more than 3/8 inch of movement between the slider bracket and the slider base.

4. Any slider component is cracked in the parent metal or weld.

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Procedure: Examine lower coupler.

Reject vehicle if:

The operating handle does not lock into position.

2. There are cracks in the fifth wheel plate.

Exceptions: Cracks in the fifth wheel approach ramps and casting shrinkage cracks in the ribs of the body of a cast fifth wheel should not result in rejection.

Procedure: Examine pintle hook mounting, if equipped.

Reject vehicle if:

There are any missing, loose, or ineffective fasteners.

Note: A fastener is not considered missing if there is an empty hole in the device but no corresponding hole in the frame and vice versa.

2. There are mounting surface cracks extending from points of attachment.

3. The vehicle structure (i.e.,, frame or mounting plate) providing the pintle hook attachment is not secured or is cracked.

4. There are any cracks in pintle hook assembly.

5. Section reduction is visible when coupled (only if a semi-trailer/trailer is attached).

Note: No part of the horn eye should have any section reduced by more than 20 percent. If wear can be seen when the hook and eye are coupled, it is probable that either this condition or wear in the drawbar eye exists.

6. The locking device is ineffective or missing.

7. There are any welded repairs to the pintle hook.

8. The pintle hook does not pivot as designed.

Lighting and Electrical System

Procedure: Examine headlight adjustment. (Refer to "Headlamp Aiming Information" in the Pleasure Car and Light Truck Section.)

Reject vehicle if:

The vehicle does not meet the following high beam and low beam minimum limits:

a. If the horizontal aim is more than:

-- 4 inches to the left or

-- 4 inches to the right

b. If the vertical aim is:

-- Higher than 4 inches up or

-- Lower than 4 inches down

Procedure: Examine all other lamps for missing, inoperative, improper color, insecure mounting, or poor electrical connection.

Reject vehicle if:

There is not at least one operative stop lamp on the rear of a single-unit vehicle (if equipped with two, both must work).

2. There is not an operative turn signal on each side of the front and rear of a single-unit vehicle.

3. The vehicle does not have at least one steady-burning red lamp on the rear visible from 500 feet. If equipped with two, both must work.

4. Hazard lamps do not function as prescribed in the Pleasure Car/Light Truck Section.

5. Additional lighting and reflectors do not meet the standards on the following pages, including:

Parking lamps, reflectors, identification lamps, clearance lamps, side marker lamps, license plate lamps, backup lamps.

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Vehicle Glass

Procedure: Inspect glass for proper markings. (Refer to Pleasure Car/Light Truck Section.)

Reject vehicle if:

Improper or unmarked glazing materials are used for specific positions.

2. Nontransparent materials, such as plywood, plastic sheathing, or similar materials, are used to replace glass.

Stickers - Tinting

Procedure: Inspect glass for unauthorized material or conditions obscuring driver's vision.

Reject vehicle if:

Glazed surfaces contain any stickers not permitted by law.

2. Unauthorized tinting material has been used or if any aftermarket tinting material is sprayed, pasted, stuck, or otherwise applied to the windshield or windows directly to the right or left of the driver.

Note: Only the rear side windows and the back window may be obstructed, provided that the motor vehicle is equipped with a rearview mirror on each side.

Cracks, Chips, and Discoloration

Procedure: Inspect Windshield for damage or discoloration.

Reject vehicle if:

Any intersecting cracks are present, discoloration is present that was not applied in manufacture, or other vision distorting matter is present in the sweep of the wiper path on the driver's side.

2. Any windows are broken or have exposed sharp edges.

3. The rear window is so discolored that the driver does not have a clear view 200 feet to the rear of the vehicle unless the vehicle is equipped with a passenger side mirror.

4. There is any damaged area more than 3/4 inch in diameter or if there is a damaged area less than 3/4 inch in diameter within 3 inches of any other damaged area.

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Advise customer if:

1. There are any signs of the beginning of glazing discoloration.

Brake Systems

Road Test - Performance Ability of Brakes

Brakes should perform as outlined in 23 VSA § 1308.

Procedure:

1. The service brakes upon any motor truck, truck, and tractor or combination of vehicles must be adequate to stop such vehicle or vehicles, when traveling 20 MPH, within a distance of 30 feet on a dry asphalt or concrete pavement surface, free from loose material, where the grade does not exceed 1 percent.

The hand brake must be adequate to hold such vehicle or vehicles stationary on any grade upon which it is operated.

3. All braking distances specified in this section apply to all vehicles mentioned, whether they are not loaded or they are loaded to the maximum capacity permitted.

4. All brakes must be maintained in good working order and properly adjusted. The mechanic must verify that brakes are within adjustment limits before inspecting the braking system. See APPENDIX B for additional instruction if needed.

Reject vehicle if:

Brakes do not meet one or more of the above requirements.

Note: Trucks and truck-tractors manufactured before July 25, 1980, having three or more axles need not have brakes on the front axle.

Hydraulic Brakes

Procedure: Examine master cylinder for fluid level.

Advise owner if:

The master cylinder is less than 1/4 full.

Procedure: Examine all lines and hoses and wheel areas for visual leaks, worn brake hoses, and crimped or restricted lines.

Reject vehicle if:

A brake hose seeps or swells under the application of pressure.

2. There is any visually observed leaking hydraulic fluid in the brake system.

3. Any hydraulic hose is chafed through the outer cover to the fabric layer.

Fluid lines or connections are restricted, crimped, cracked, or broken.

Procedure: Examine brake pedal reserve.

Reject vehicle if:

The pedal descends to the floor upon the first application

2. There is no pedal reserve with the engine running except by pumping the brake

Procedure: Examine vacuum-assisted hydraulic system.While depressing brake pedal, start engine. If the power unit is working, the pedal should drop under foot pressure.

Reject vehicle if:

The power-assist unit fails to operate.

Procedure: Examine brake failure lamp or low brake fluid lamp.

Reject vehicle if:

The lamp fails to illuminate during the indicator lamp test sequence or if the lamp remains illuminated after the lamp test sequence has finished.

Broken or Unsecured Parts and Loose Connections

Procedure: Visually examine brake components.

Reject vehicle if:

No braking action occurs upon the application of the service brakes.

2. There are missing or broken components, such as shoes, linings, pads, springs, anchor pins, spiders, cam rollers, push rods, or air chamber mounting bolts.

3. Components are loose or insecurely mounted.

4. There is an audible air leak at the brake chamber.

5. Any lining or pad is not firmly attached to the shoe or is saturated with oil, grease, or brake fluid.

Mismatched brake chamber types/sizes are present across an axle.

7. Slack adjusters of mismatched effective lengths are present across an axle.

Brake Lining

Procedure: Visually examine brake lining for excessive wear, missing pieces, or oil/grease saturation.

Reject vehicle if:

Steer axle: The lining thickness is less than 3/16 inch for a shoe with a continuous strip of lining, less than 1/4 inch for a shoe with two pads for drum brakes or to the wear indicator if lining is so marked, less than 1/8 inch for air disc brakes, or 1/16 inch or less for hydraulic disc and electric brakes.

All other axles: The vehicle is equipped with air brakes, and the lining is less than 1/4 inch thick. The vehicle is equipped with drum brakes and the lining is worn to the wear indicator (if so marked) measured at the shoe center. The vehicle is equipped with disc brakes and the lining is less than 1/8 inch. The vehicle is equipped with hydraulic or electric brakes, and the lining is 1/16 inch or less in thickness at the shoe center for drum brakes.

3. There is a missing brake on any axle required to have brakes.

4. Any brake lining is saturated with oil or grease.

Brake Rotors

Procedure: Visually examine rotors for warping, excessive rust and corrosion, rotor thickness, and cracks of rotor friction surfaces.

Reject vehicle if:

A rotor's thickness is less than the manufacturer's listed minimum tolerance.

2. Cooling vanes on vented rotors are corroded or rusted to the point where the rotor collapses when pressure is applied by the brake caliper.

3. A rotor is cracked across more than 75 percent of the friction surface when the friction surface is measured linearly from the inside diameter to the outside diameter.

Brake Drums

Procedure: Visually examine the brake drums.

Reject vehicle if:

The brake drums have any external cracks or any crack that opens upon brake application.

2. The friction surface of the drum is contaminated with oil, grease, or brake fluid.

3. The drum inside diameter is less than the limit established by the manufacturer.

4. Any portion of the brake drum is missing.

Parking/Hand Brake

Procedure: Visually examine parking/hand brake components for proper function.

Reject vehicle if:

No brakes on the vehicle are applied upon activation of the parking/hand brake control, including the driveline hand-controlled parking/hand brake.

Brake Hose and Tubing

Procedure: Visually examine brake hose and tubing.

Reject vehicle if:

Hoses show any damage extending through the outer reinforcement ply. Rubber-impregnated fabric cover is not a reinforcement ply. Thermoplastic nylon may have braid reinforcement or color difference between the cover and inner tube. The exposure of the second color is cause for rejection.

2. Bulging or swelling occurs when air pressure is applied.

3. There is an audible leak in a hose at other than at a proper connection.

4. Hoses are not joined using a proper connection.

5. Tubing is cracked, broken, or crimped.

Air System

Procedure: Examine the complete system for improper air loss.

Reject vehicle if:

An air leak is discovered and the reservoir pressure is not maintained when:

-- The governor is cut in.

-- Reservoir pressure is between 80 and 90 PSI.

-- The engine is at idle, and service brakes are fully applied.

Procedure: Release sufficient air from the system to cause the low air pressure warning device to activate.

Reject vehicle if:

The low air pressure warning device is missing, inoperative, or does not operate at 55 PSI and below or 1/2 the governor cut-out pressure, whichever is less.

Procedure: Examine air pressure gauge.

Reject vehicle if:

The gauge is missing, inoperable, or does not indicate pressure in pounds per square inch.

Procedure: Examine air reservoir.

Reject vehicle if:

Any mounting bolts are broken, missing, or loose (not including defective bushings).

Procedure: Examine air compressor.

Reject vehicle if:

Any mounting bolts are loose or mounting brackets are cracked.

2. The pulley is loose, cracked, or broken.

Procedure: Visually examine vacuum brake system.

Reject vehicle if:

The vacuum reserve is insufficient to permit one full brake application after the engine is shut off.

2. Any vacuum hose or line is restricted, chafed through the outer cover to the cord ply, crimped, cracked, broken, or if the vacuum hose collapses when vacuum is applied.

3. The low vacuum warning device is missing or inoperative.

4. The vacuum gauge that indicates to the driver the vacuum in inches of mercury available for braking is missing or inoperative.

Measuring Push Rod Travel

Refer to Appendix B for complete instructions and a measurement chart.

Inspecting Wedge Brake Adjustment

Procedure:

1. With the inspection hole cover removed from the brake dust shield, check the adjustment at each wheel visually or by using a feeler gauge.

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2. With the brakes fully released, inspect the distance from the drum to the brake shoe (lining surface). This distance must not exceed 1/16 inch. If using a feeler gauge, the gap must not exceed.0625 inch.

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Inspecting Lining with Feeler Gauge

If the edge of the lining is not visible, mark the lining and then apply the brakes. When the brake shoe moves, watch the mark or measure the movement with a gauging device. Any brake shoe travel beyond 1/16 inch (.0625 inch) is excessive. Failure of the brake shoes to move is a condition of improper maintenance.

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Anti-Lock Braking System (ABS)

Procedure: Examine ABS.

Reject vehicle if:

The ABS malfunction lamp fails to illuminate or stays illuminated after lamp test.

Note: In the U.S., the following vehicles are exempt from the requirements to have an ABS:

-- Any vehicle equipped with an axle that has a gross axle weight rating (GAWR) of 29,000 pounds or more.

-- Any truck or bus that cannot attain a speed of more than 33 MPH in 2 miles

-- Any truck that cannot attain a speed of more than 45 MPH in 2 miles, an unloaded vehicle weight no less than 95 percent of its GVWR, and no capacity to carry occupants other than the driver and operating crew.

Fuel System

Procedure: Visually examine fuel tanks, fuel lines, and mounting hardware, including tanks, lines, and mounting hardware for refrigeration or heating units.

Reject vehicle if:

The fuel system has a visible leak at any point.

2. Any tank is not securely attached to the motor vehicle by reason of loose, broken, or missing mounting bolts or brackets.

3. The fuel tank filler cap is loose or missing.

4. A fuel tank extends outside the perimeter of the vehicle.

5. Fuel lines are routed so that damage to them is likely to occur.

6. The fill pipe is not located outside the passenger compartment and in an area where fuel cannot spill onto the exhaust system while filling.

7. There is no internal venting system for tanks that can contain 25 gallons or more.

Exhaust System

The exhaust system includes the piping leading from the flange of the exhaust manifold to and including the mufflers, resonators, and tail piping.

Procedure:

1. Visually examine the mufflers, resonators, tailpipes, exhaust pipes, and supporting hardware.

2. Rusted or corroded surfaces should be given particular attention.

Holes in the system made by the manufacturer for drainage are not cause for rejection.

Reject vehicle if:

The exhaust system on a truck is leaking at a point forward of or directly below the driver/sleeper compartment.

2. There are loose or leaking joints.

3. There are holes caused by corrosion, leaking seams, or patches on the muffler or tailpipe.

4. Elements of the system are not securely fastened.

5. The tailpipe end is pinched.

6. Exhaust stacks are located where a person may be burned while entering or leaving the vehicle.

7. Any part of the system passes through the occupant compartment.

8. Any bus exhaust system leaks or discharges under the chassis more than 6 inches forward of the rearmost part of a gasoline-engine-powered bus or more than 15 inches forward of the rearmost part of a bus powered by other than a gasoline engine.

9. Any part of the exhaust system is located where it would be likely to burn, char, or damage the electrical wiring, fuel supply, or any combustible part of the vehicle.

Vehicle Interior

Note: The vehicle interior examination must be performed according to the procedures outlined in the Pleasure Car and Light Truck Section unless additional procedures are described below.

Items include:

SPEEDOMETER AND ODOMETER/HUBOMETER

2. HORN

3. WINDSHIELD WIPERS

4. DEFROSTERS

Seats, Seat Belt Assemblies, and Seat Belt Assembly Anchorages

Procedure: Examine seats and seat belt assemblies.

Reject vehicle if:

Equipment does not conform to a Federal Motor Vehicle Safety Standard specific to the year of manufacture.

Body and Sheet Metal

Note: The examination of exterior components must be performed in accordance with the procedures outlined in the Pleasure Car and Light Truck Section unless additional procedures are outlined below.

1. EXTERIOR REARVIEW MIRROR(S)

2. BUMPERS

3. DOORS

4. HOOD

5. FLOOR PAN

6. PROTRUDING METAL

7. CAPS AND BED LINERS

Flaps and Fenders

Procedure: Inspect fenders and flaps.

If flaps are required according to 23 V.S.A. § 1306, the following standards will be followed:

The splash pans stone throw protection device must extend laterally for at least the width of the tires and must be composed of materials substantial enough to withstand ripping or tearing by ordinary means. They also must be long enough so that the clearance from the ground to the bottom edge of the device is not more than half the distance from the bottom edge of the device to the center line of the rearmost axle of the vehicle. However, the bottom edge of the device need be no closer to the road than 6 inches when loaded.

Reject vehicle if:

Fenders or flaps are not solidly attached.

2. Fenders or flaps are not constructed of substantial materials.

3. Fenders or flaps are not of sufficient size or are not attached properly.

4. Fenders or flaps do not meet the criteria set out in the following pictures.

5. Fenders do not cover the entire tread width.

6. Fenders or flaps come into contact with the tire or wheel.

Frame

The purpose of the inspection is to determine, through visual inspection, whether there are any defects in the frame rails or cross members.

Basic Frame Components

-- Two Frame Rails: The frame rails are the foundation of the vehicle. The engine, transmission, cab, suspension, etc., are attached to it.

-- Cross Members: Cross members hold the frame rails the proper distance apart and control rotational and longitudinal motion. They provide protection and support for wires and air lines that cross the vehicle from one side to the other.

Procedure: Examine frame members.

Reject vehicle if:

Any frame member is cracked, loose, sagging, or broken.

2. Any bolts or brackets securing the cab or body to the frame are loose, broken, or missing.

3. Any frame rail flange between the axles is bent, cut, or notched, except as specified by the manufacturer.

4. Any hole is drilled in the top or bottom rail flanges, except as specified by the manufacturer.

Procedure: Examine tire and wheel clearance.

Reject vehicle if:

Any condition, including loading, causes the body or frame to be in contact with a tire or any part of the wheel assemblies at the time of inspection.

Flange and Web Portions of a Frame Rail

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Safety Devices

Procedure: Inspect for presence of emergency warning devices.

Advise customer if:

1. The vehicle is not transporting hazardous materials, and there is not three reflective triangles, or six fuses, or three liquid burning flares in the vehicle.

2. The vehicle is transporting hazardous materials, and there is not three reflective triangles in the vehicle.

Specialized Vehicles

Registration may be required on a variety of vehicles, such as bucket loaders, road making appliances, highway building equipment, tractors, and others. The act of registration requires these vehicles to be inspected. Because these vehicles are not equipped with passenger-carrying facilities and are often not for nighttime use, the complete requirements need not be met unless the vehicle came so equipped. However, these vehicles must meet the following minimum requirements: they must have adequate tires, brakes, muffler, and number plate brackets; the complete vehicle must be in good mechanical condition; and if the vehicle is equipped with lights, they must be of an approved type and in good operating condition.

TRAILERS

Coupling Devices

Note: For pintle hooks, refer to the Heavy Truck and Bus Section.

Procedure: Examine drawbar eye and tongue for mounting and integrity.

Reject vehicle if:

Any cracks are present in any area.

2. There are any missing or ineffective fasteners.

3. There is movement of 1/4 inch or more between the outer frame and the drawbar at point of attachment.

Procedure: Examine safety devices for trailers without fifth wheel coupling devices.

Reject vehicle if:

A safety chain or cable is not present.

2. The ultimate strength of the chain or cable is not equal to or greater than the gross weight of the trailer and load being towed.

3. Safety chains are incapable of secure attachment.

Chain or hooks:

a. Are worn to the extent of a measurable reduction in link cross-section.

b. There are improper repairs, including welding, wire, small bolts, rope, or tape.

c. Links in the safety chain are broken, bent, twisted, or stretched.

5. Cable strands are kinked or broken.

6. There are improper clamps or clamping.

Wheels and Tires

Procedure: Examine tires.

Refer to " Pleasure Car and Light Truck" section, pages 31-32.

Lighting

Procedure: Examine taillights, turn signals, stop lamps, hazard-warning lamps, clearance lamps, identification lamps (trailer or semi-trailer more than 80 inches wide), and license plate lamp for functionality.

Note: Refer to the Heavy Truck and Bus Section for more information on lighting on trailers and semi-trailers.

Reject vehicle if:

Trailer does not have at least one steady-burning red tail lamp (if more than one, all must work).

2. The trailer does not have an operating turn signal on each side if manufactured after January 1, 1955.

3. The trailer does not have at least one red operative stop lamp (if more than one, all must work).

4. Emergency flashers do not function properly.

Advise owner if:

The trailer is not equipped with two lamps to the front (amber), one on each side, and two lamps to the rear (red), one on each side, to mark the extreme width of the vehicle.

2. The trailer is more than 30 feet and is not equipped with one (amber) light on each side at the approximate center of the trailer.

3. Any of the above does not function properly.

4. The trailer is not equipped on the rear with three properly functioning red lamps, equally spaced about the vertical center line and as close to the top of the trailer as practical.

5. The trailer is not equipped on the rear with three properly functioning red lamps, equally spaced about the vertical center line and as close to the top of the trailer as practical.

Brakes

Equipment Required

Requirement for trailers, semi-trailers, and trailer coaches -- weight not exceeding 3,000 pounds.

-- Brakes are not required as long as the weight of the trailer does not exceed 40 percent of the weight of the towing vehicle.

Requirement for trailers, semi-trailers, and trailer coaches -- weight more than 3,000-6,000 pounds.

-- Brakes are required on at least one axle, and the trailer must also be equipped with a breakaway brake device.

Requirement for trailers, semi-trailers, and trailer coaches -- weight more than 6,000 pounds.

-- Brakes are required on all wheels, and the trailer must be equipped with breakaway brake device.

Electric Brakes -- Function

Procedure: Examine for brake operation; loose or corroded terminal connections; and broken, frayed, or unsupported wires.

Reject vehicle if:

Braking action is absent on one or more of the wheels required to be equipped with brakes.

Advise customer if:

1. Electrical terminals are loose or excessively corroded.

2. Wires or connectors are broken, frayed, or not properly supported.

Procedure: Examine for breakaway brake device.

1. Pull the pin in the device and observe the automatic brake application.

Reject vehicle if:

The breakaway brake device is missing or inoperable.

2. Brakes do not release when the pin is returned to the breakaway switch.

3. Brakes do not remain applied for at least 15 minutes.

Emergency Brake -- Manual Control

Procedure: Brakes can be checked for operation by activating manual control without activating tractor service brakes and attempting to move the trailer while brakes are applied.

Reject vehicle if:

Brakes do not apply and release by activating manual control.

Emergency Brake -- Air Only

Procedure:

1. Connect trailer couplings and build up the system to the governor cutout point.

2. Stop the engine, operate the control, and observe the automatic trailer brake application.

3. Make a series of foot brake applications and observe the automatic trailer brake application.

Reject vehicle if:

Emergency brakes do not apply automatically between 20 and 45 PSI.

2. Brakes apply automatically when the tractor pressure is above 45 PSI.

3. Brakes fail to apply automatically when pressure is applied by foot.

When trailer couplings are disconnected, the brakes on the trailer do not automatically apply.

Hydraulic Brakes -- Surge Brakes -- Vacuum-Assisted Hydraulic

Procedure: Examine all lines and hoses and all-wheel areas for visual leaks, worn brake hoses, and crimped or restricted lines.

Reject vehicle if:

Any brake hose seeps or swells under the application of pressure.

2. There is any visually observed leaking hydraulic fluid in the brake system.

3. Any hydraulic hose is chafed through the outer cover to the fabric layer.

Any fluid lines or connections are restricted, crimped, cracked, or broken.

Procedure: Examine vacuum-assisted hydraulic system.

1. Depress pedal hard and, while holding it, start the engine.

2. If the power unit is working, the pedal should drop appreciably under foot pressure.

Reject vehicle if:

The power-assist unit fails to operate.

Procedure: Examine master cylinder for fluid level, if visible and problems are apparent.

Advise customer if:

1. The master cylinder is less than 1/4 full.

Broken or Unsecured Parts and Loose Connections

Procedure: Visually examine brake components.

Reject vehicle if:

No braking action occurs upon application of the service brakes.

2. There are missing or broken components, such as shoes, linings, pads, springs, anchor pins, spiders, cam rollers, push rods, or air chamber mounting bolts.

3. Components are loose or insecurely mounted.

4. There is an audible air leak at the brake chamber.

5. Any lining or pad is not firmly attached to the shoe or is saturated with oil, grease, or brake fluid.

6. Any brake is beyond its adjustment limit

7. There are mismatched brake chamber types/sizes present across an axle.

8. There are slack adjusters of mismatched effective lengths present across an axle.

Brake Lining

Procedure: Visually examine brake lining for excessive wear, oil or grease saturation, or missing pieces.

Reject vehicle if:

The vehicle is equipped with air brakes, and the lining is less than 1/4 inch thick, or if the lining is worn to the wear indicator (if so marked) measured at the shoe center for drum brakes, or if the lining is less than 1/8 inch thick for disc brakes.

2. The vehicle is equipped with hydraulic or electric brakes, and the lining is 1/16 inch thick or less at the shoe center for drum brakes.

3. There is a missing brake on any axle required to have brakes.

4. Any brake lining is saturated with oil or grease.

Brake Drums

Procedure: Visually examine the brake drums for cracks.

Reject vehicle if:

The brake drums have any external cracks or any crack that opens upon brake application.

2. The friction surface of the drum is contaminated with oil, grease, or brake fluid.

3. Any portion of the brake drum is missing.

Brake Hose and Tubing

Procedure: Visually inspect brake hose and tubing for damage, leaks, and improper splicing.

Reject vehicle if:

Hoses show any damage extending through the outer reinforcement ply. (Rubber impregnated fabric cover is not a reinforcement ply.) (Thermoplastic nylon may have braid reinforcement or color difference between cover and inner tube. Exposure of second color is cause for rejection.)

2. Bulging or swelling occurs when air pressure is applied.

3. There is an audible leak in a hose other than at a proper connection.

4. Hoses are not joined using a proper connection (hose splices are not approved).

5. Tubing is cracked, broken, or crimped.

Air System

Procedure: Inspect the complete braking system.

Reject vehicle if:

(Improper Air Loss)

1. Valves are missing or inoperable.

2. Trailer brakes fail to activate properly.

(Air Reservoir)

Mounting bolts are broken, missing, or loose (not including defective bushings).

2. Mounting brackets are cracked.

(Vacuum Brake)

1. The vacuum reserve is insufficient to permit one full brake application after the engine is shut off.

2. Any vacuum hose or line is restricted, chafed through the outer cover to the cord ply, crimped, cracked, or broken or if a vacuum hose collapses when vacuum is applied.

Measuring Push Rod Travel

Refer to Appendix B for full instructions and a measuring chart.

Anti-Lock Braking System (ABS)

Procedure: Inspect antilock brake system in accordance with the ABS inspection procedure described in the table below.

Reject vehicle if:

The ABS, including the ABS malfunction lamp, does not function in accordance with the ABS inspection procedure.

| Manufacture Date | Trailer with Air Brakes (Including a Trailer Converter Dolly) | | --- | --- | | Before March 1, 1998 | An ABS is not required. | | On or after March 1, 1998 | Connected to a truck or truck tractor manufactured before March 1, 1997. Apply the brake pedal and confirm that the trailer-mounted ABS malfunction lamp turns on and after a few seconds goes out before the brake is released. Any other response indicates a malfunction of the ABS. Connected to a truck or truck tractor manufactured on or after March 1, 1997. ** Begin with the ignition key in the "off" position. Turn the ignition key to the "on" position. Confirm that the trailer- mounted ABS malfunction lamp turns on and after a few seconds goes out. Any other response indicates a malfunction of the ABS. | | On or after March 1, 2001 | Connected to a truck or truck tractor manufactured before March 1, 2001. Test in the same manner as trailers manufactured on or after March 1, 1998. Connected to a truck or truck tractor manufactured on or after March 1, 2001. Begin with the ignition key in the "off" position. Turn the ignition key to the "on" position. Confirm that both the trailer dash-mounted ABS malfunction lamp and the trailer-mounted ABS malfunction lamp turn on and after a few seconds go out. Any other response indicates a malfunction of the ABS. | | The trailer ABS lamp in the dash only operates when the tractor is connected to a trailer manufactured after March 1, 2001. ** Power to the trailer's ABS circuit is delivered by a dedicated circuit from the truck tractor. | |

In the U.S., the following vehicles are exempt from the requirements to have an ABS:

1. Any trailer that has a width of more than 102.36 inches with extendable equipment in the fully retracted position and that is equipped with two short track axles in a line across the width of the trailer.

2. Any vehicle equipped with an axle that has a GAWR of 29,000 pounds or more.

Any trailer that has a GVWR of more than 120,000 pounds and whose body conforms to that described in the definition of heavy hauler trailer set forth in S4 of the Federal Motor Carrier Safety Administration regulations-- heavy hauler trailer means a trailer that has one or more of the following characteristics, but that is not a container chassis trailer:

[bullet] Its brake lines are designed to adapt to separation or extension of the vehicle frame, or

[bullet] Its body consists only of a platform whose primary cargo-carrying surface is not more than 40 inches above the ground in an unloaded condition, except that it may include sides that are designed to be easily removable and a permanent "front end structure," as that term is used in § 393.106 of the Federal Motor Carrier Safety Administration regulations.

4. Any trailer that has an unloaded vehicle weight that is not less than 95 percent of its GVWR.

5. Any load divider dolly.

Frame

Basic Frame Components

-- Two frame rails: The frame rails are the foundation of the vehicle.

-- Cross members: Cross members hold the frame rails the proper distance apart and control rotational and longitudinal motion. They provide protection and support for wires and airlines that cross the vehicle from one side to the other.

-- Sliding subframe: Both full-frame and short-frame trailers may have a sliding subframe. This allows the axles to be moved in relation to the trailer. (Also called sliding tandem axles.)

Procedure: Examine frame.

Reject vehicle if:

The frame is cracked, loose, sagging, or broken.

2. There are broken or loose bolts or brackets.

3. There are cracked or loose frame members.

Procedure: Examine adjustable axle.

Reject vehicle if:

Adjustable axle assembly (sliding subframe) with any locking pins missing or will not engage.

2. Locking bar not locked into the locked position.

Procedure: Examine rear end protection.

Reject vehicle if:

The bottom of the device is more than 30 inches from the ground with the vehicle loaded.

2. There is more than 24 inches between the devices if more than one is used.

3. The maximum transverse distance from the widest part of the vehicle at the rear to the device is more than 18 inches.

4. The device is more than 24 inches forward of the rear-most part of the vehicle.

5. The device is not made of a substantial material or is not securely fastened.

Sliding Subframe and Rear End Protection.

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Safety Devices.

Fire Extinguisher - Trailer Coaches Only

Procedure:

1. Inspect only trailer coaches to ensure that the fire extinguisher is present, is in good usable condition, and is easily accessible.

2. If the extinguisher is a CO 2 type, it must be not less than 5-pound capacity, and if it is a dry chemical type, it must be not less than 2 1/2-pound capacity.

Reject vehicle if:

The fire extinguisher is not present or is not of an approved type.

2. The fire extinguisher is not in usable condition.

3. The fire extinguisher is not easily accessible.

SCHOOL BUS

Body Interior

Procedure: Visually and physically inspect the entrance door, handrail, stepwell, driver's seat, aisle, floor, passenger seats, barriers, and panels.

1. Visually inspect and operate the entrance door, ensuring that it properly opens and closes without any obstruction of movement. Inspect a manually operated door to make sure the door will maintain an open and closed position. The door must not have any locking device except for interlock systems. On power-operated entrance doors, the emergency release valve, switch, or device to release the entrance door must be placed above or to the immediate left or immediate right of the entrance door, and it must be clearly labeled.

2. The handrail must be securely mounted, and all OEM hardware must be present. Perform the NHTSA Nut and String Test, as described and illustrated below.

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The Handrail Inspection Tool and Procedure: Nut and String Test

Note: The inspection tool is inexpensive and the procedure for detecting potentially fatal handrail designs is quite simple. The inspection tool is a standard 1/2 inch hex nut measuring 3/4 inch across the flats. This nut is tied to ? inch thick cotton cord measuring 36 inches in length with overhand knots. The drawstring should have a minimum length of 30 inches when tied to the nut and attached so that a pull of at least 10 pounds does not separate the nut from or break the drawstring.

Steps to conduct a handrail inspection are:

A. Stand on the ground outside of the bus;

B. Drop the inspection tool between the handrail and step well wall, simulating the typical way students exit the bus;

C. Draw the inspection tool through the handrail in a smooth, continuous slow motion; and

D. Repeat this procedure several times (minimum of three times).

Note: It is important to drop the inspection tool over the handrail in such a way as to simulate a child exiting the bus. This is a drop-and-drag test. Do not create a snagging situation by placing the nut in an area that would not be exposed to a drawstring or other articles.

Inspection Results

Take the bus out of service and repair it if the inspection tool catches or snags anywhere on the handrail. If the nut separates from the drawstring or the drawstring breaks, reassemble the tool and retest. If the inspection tool pulls freely without catching or snagging, the bus should not be rejected.

3. Visually inspect the stepwell for the condition of the support structure to ensure structural stability. Inspect the stepwell treads to ensure proper securing and adhesion to the stepwell. Visually inspect the step treads for any excessive worn areas that may pose a tripping or slip hazard.

4. Visually inspect the driver's seat to ensure that it is securely fastened to the vehicle.

5. Visually inspect the driver's seat for its ability to maintain the adjusted position. Inspect the driver's restraining device (seat belt) for fraying, attaching hardware, and its capacity to maintain the driver in the seated position.

6. Visually inspect the aisles to ensure that all aisles, including the aisle (or passageway between seats) leading to the emergency door, are a minimum of 12 inches wide.

7. Visually inspect the aisles to ensure that there are no obstructions or loose items in an aisle that would prevent passengers from accessing emergency exits.

8. On school buses with a side emergency door, check that aisle space from the center aisle to the side of the emergency door is 12 inches by measuring between the vertical line of the seat back and the face of the next seat cushion or bottom of a flip seat.

9. Visually inspect floor covering, aisle, and cove molding strips for condition and adhesion. Check fastening holes for cracks, and check the condition of the rubber in aisles to ensure that there are no unsealed holes or cracks through the underside of the bus and that there is no damage to the coverings that could cause a trip or slip hazard.

10. Visually inspect all interior sidewall, rear, ceiling, and driver's area paneling for secure fastening, projections, or sharp edges and for general condition.

11. Visually inspect all seats and barriers to ensure that all are securely mounted and not loose or broken.

12. All seats must be forward facing and securely fastened to the bus body. Passenger seat cushions must be fastened to prevent the cushions from disengaging from the seat frames in the event of an accident. There must be a minimum space of 24 inches between the forward surface of a seat back and the rear surface of the seat or barrier ahead measured across the seat cushion without depressing any surface. The forward surface may have side bolsters that briefly reduce the width to less than 24 inches, provided that the remainder of the seat measures at least 24 inches.

13. Seats and barriers should appear symmetrical. Seats/barriers that do not appear symmetrical should be physically inspected to ensure that the seat covering and/or padding is not significantly compromised and that it complies with FMVSS 571.222.

14. On buses equipped with flip-up seats, inspect them to ensure that the seat cushion rises to a vertical position automatically when not occupied.

Reject vehicle if:

The student entrance door does not open or close properly.

2. The door control handle does not lock in the closed position.

3. The handrail is loose or missing.

The handrail fails the nut/drawstring test, as defined by the NHTSA.

5. Any part of the step well tread is loose, torn, or damaged in a way that would present a tripping hazard.

6. The driver seat is not securely fastened to the vehicle and/or fails to maintain adjusted position (393.93).

7. Any part of the driver's safety restraint assembly is missing, not properly installed or defective as to prevent proper securement of occupant [393.93(a)(b)] (571.209).

8. Any aisle does not have the required clearance (571.217).

9. The floor not maintained to prevent slipping or tripping by passengers.

10. Any seat or barrier is not securely attached to the vehicle (393.91).

11. Any seat or barrier material is present that compromises the integrity of compartmentalization and occupant protection (571.222).

12. Seat spacing fails to comply with 571.222.

Advise customer if:

1. The door is equipped with a padlock or similar locking device (excludes interlock systems).

2. Any part of the step well or support structure is damaged.

Obstructions or loose items in aisles that could prevent passengers from accessing emergency exits (393.62) (393.203).

Emergency Equipment

Procedure: Visually inspect all emergency equipment (first aid kit, biohazard kit, fire extinguisher, emergency reflectors/triangles)

Visually inspect that the fire extinguisher is readily accessible to the driver and passengers, that it is fully charged and is of proper type and size (2A:10BC), that it is properly secured, and that it has a working pressure gauge.

2. Visually inspect any other state-required equipment, such as first aid kits (meeting or exceeding the recommendation in the National School Bus Specifications and Procedures Manual at the date of purchase), body fluid kits, webbing cutters, and emergency reflectors, and ensure that these items are fully stocked, functional, and properly secured.

Reject vehicle if:

The fire extinguisher is missing, not fully charged, or is not readily accessible to the driver or passengers (393.95), ( 23 VSA § 1281) .

Advise customer if:

1. The fire extinguisher is not of proper type or size, has no pressure gauge, or is not secured (393.95), ( 23 VSA§

1281. .

2. Any additional state-specific equipment (e.g.,, first aid kit, body fluid kit, webbing cutter, emergency reflectors, etc.) fails to meet state specifications ( 23 VSA§

1281. .

3. Emergency reflectors/triangles are missing (571.125).

Emergency Exits

Procedure: Visually and physically inspect all emergency exits.

Operate all emergency exits. Exits must open freely and completely.

2. Door prop rods must operate freely and hold the door or exit in open position without obstructing the exit.

3. There must be no padlocks or any other locking devices on exits, except interlocking systems.

4. Visually inspect all exits to ensure that they are clearly labeled and marked on both the inside and outside of the bus.

5. Ensure that all exits have an audible device to alert the driver of an open exit door or window. Note: FMVSS 571.217 specifies the number of exits for each type of bus.

Reject vehicle if:

Any emergency door, window, or roof hatch fails to open freely or completely, as defined in 571.217.

2. Any door prop-rod device is missing or inoperative (571.217).

3. Any emergency exit is equipped with a padlock or similar locking device, excluding interlock systems.

4. It lacks the required number of emergency exits (571.217).

5. Any item or modification reduces the size of the opening and limits access to the emergency exit by all passengers.

Advise customer if:

1. Any emergency exit is not properly labeled and marked both inside and outside the vehicle, as specified by 571.217.

2. The emergency exit warning device is not audible in the driver's seating position and/or the vicinity of the emergency door or window (571.217).

Driver's Compartment

Procedure: Inspect windshield wipers, windshield washer, defroster, defogger, horn, dashboard gauges and warning lamps, heat, interior lights, and backup alarm (required on all buses manufactured as of September 1, 2011).

Operate the wiper and washer system. The wiper system should be power driven, with at least two speeds, and it should be able to clean the area of the windshield within the wiping pattern. Wipers should operate with a minimum of 45 cycles per minute.

2. Operate the defrosting and defogging system to clear the driver's windshield (571.103).

3. Inspect that the horn functions and is audible from approximately 200 feet away.

4. Check the dashboard gauges and warning lights

5. Check the heat for proper operation.

6. Check the dashboard gauges and warning lights.

7. Check to ensure backup alarm sounds when the vehicle is operated in reverse.

Reject vehicle if:

The windshield wiper and/or washer are not working.

2. The defrosting/defogging system is inoperable.

3. The horn fails to function as designed (393.81). Advise customer if:

4. The dashboard gauges or lights are inoperable.

5. The backup alarm is inoperable.

Lamps/Signals

Procedure: Visually check that all lamps are in working condition.

Visually inspect all lamps, such as brakes, turn signals, tail, head (low beam), overhead warning lights (amber and red), hazard-warning, and stop arm lights, to ensure proper visibility and operation. Turn signals should flash at a rate of 60 to 120 times per minute.

2. Inspect that the horn functions and is audible from approximately 200 feet away.

3. Inspect the crossing control device, if equipped, for proper operation (i.e.,, that it extends and retracts as designed).

Reject vehicle if:

Any one of the following lamps is not working: brake, turn signal, tail, head (low beam), school bus overhead warning light (amber or red), hazard-warning, or stop arm lamp (571.108, 571.131), ( 23 VSA§ 1283) .

Note: The vehicle's LED lamps must have more than 25 percent of the diodes unlit to be considered not working.

2. Any required stop arm fails to operate with overhead red lights, as mandated (571.131). Advise customer if:

3. Any critical brake, telltale lamp, buzzer, or gauge fails to function as designed.

4. A crossing control device, if equipped, fails to extend and retract as designed.

Body Exterior

Procedure: Inspect the body exterior, including color, windows, mirrors, bumpers, doors, chassis, frame, unibody, cross members, outriggers, and body supports.

1. Visually check to ensure that the entire bus is painted National School Bus Glossy Yellow. Note: The hood and fenders may be lusterless black, and the roof may be white.

Visually inspect the body exterior to ensure that there is not any panel, rub rail, or trim that is loose, torn, dislocated, or protruding from the surface of the bus in a way that would create a hazard.

3. Visually inspect that all engine, battery, or other doors are securely mounted and properly installed.

4. Visually inspect all mirrors to identify any mirror that is damaged, clouded, or otherwise has an obscured area. All mirrors should hold a set adjustment. All mirrors should be directed to view the intended area for which they are designed.

5. Visually inspect all windows for cracks.

6. Visually inspect the windshield for cracks, chips, discoloration, or other damage in that portion extending upward from the height of the topmost portion of the steering wheel, not including a 2-inch border at the top and a 1-inch border at each of the windshield or each of its panels.

7. Visually inspect front and rear bumpers for missing or broken attaching hardware. Ensure that bumpers are properly mounted and secure and that there is no point protruding beyond the confines of the vehicle that would create a hazard.

8. Visually inspect the frame for cracks; loose attaching hardware; and sagging, broken, or unapproved welds to the frame side rail or flange.

Note: Inspect for any crack 1 1/2 inches or longer in the frame side rail web that is directed toward the bottom flange or any crack extending from the frame side rail web around the radius and into the bottom flange.

9. Visually and physically inspect body hold-down components for damage that would permit the shifting of the body.

10. Inspect frame members for cracked, loose, bent, broken, or unapproved welds that affect the support of functional components (e.g.,, steering gear, engine, transmission, body parts, suspension, etc.). Welding to the frame should be performed only by the manufacturer or its designee.

Visually and physically inspect all crossmembers, attaching hardware, and other structural supports for cracks or deformations. Visually inspect for three or more adjacent cross members that are missing, broken, damaged, or loose.

12. Inspect any area of the floor that is sagging, weak, or damaged due to broken, damaged, or loose cross members.

13. Visually inspect all outriggers and attaching hardware for cracks, missing bolts, and damage.

14. Visually inspect the mud flaps on the rear to ensure that they are present, are secure, and cover the full width of the tread to prevent the throwing of dirt, water, stones, or other material onto the windshield of following vehicles.

Reject vehicle if:

Any panel, rub rail, or trim is loose, torn, dislocated, or protruding from the surface of the bus, creating a hazard (393.203).

2. Any mirror required to provide the driver with the entire field of view is missing, damaged, clouded, or otherwise obscured so as to place children in a hazardous position (571.111), (23 VSA § 1283).

3. Any glass or glazing is broken through or missing (393.60).

4. The front bumper is missing or not properly secured (393.203[e]).

5. The rear bumper is missing or not secured (393.86).

6. There is any cracked, loose, sagging, or broken frame side rail. (393.201[a]).

7. Any damage permits the shifting of the body or may result in the imminent collapse of the frame (393.201[a]).

8. Any cracked, loose, or broken frame member that affects the support of functional components (e.g.,, steering gear, engine, transmission, body part, suspension, etc.) (393.201[a]).

9. Any cross member, outrigger, or other structural support is cracked, missing, deformed, or has rust holes that affect the structural integrity or safe operation of the vehicle (393.201).

10. Mud flaps are missing, loose, damaged, or worn to the point they are incapable of meeting the standard noted in procedure item "M," above. ( 23 VSA §

1306. .

Advise customer if:

1. The vehicle is an improper color ( 23 VSA §

1283. .

2. Any panel, rub rail, or trim is loose, torn, or dislocated, but not hazardous.

3. Any engine, battery, or other door is not properly secured (393.203).

4. The rear of the bus body is not marked with strips of retroreflective national school bus yellow (NSBY) material or does not use a material that conforms with the requirements of FMVSS No. 131, School Bus Pedestrian Safety Devices, Table 1, to outline the perimeter of the back of the bus. The perimeter marking of rear emergency exits per FMVSS No. 217, Bus Emergency Exits and Window Retention and Release, and/or the use of retroreflective "SCHOOL BUS" signs partially accomplishes the objective of this requirement. To complete the perimeter marking of the back of the bus, strips of retroreflective NSBY material, a minimum of 1 inch and a maximum of 2 inches wide, must be applied horizontally above the rear windows and above the rear bumper, extending from the rear emergency exit perimeter, marking outward to the left and right rear corners of the bus. Vertical strips must be applied at the corners, connecting these horizontal strips. Multifunction school activity buses (MFSABs) are exempt from these color requirements.

5. Any front or rear SCHOOL BUS sign, if not a lighted design, is not marked with retroreflective NSBY material composing the background for lettering and/or if lettering is not at least 8 inches high ( 23 VSA §

1283. .

6. The sides of the bus body are not marked with at least 1 3/4-inch retroreflective NSBY material, extending the length of the bus body and located vertically between the floor line and the beltline.

7. Any crossover mirror system or portion thereof fails to hold a set adjustment, any crossover mirrors are directed to view any area other than for which they were intended, or any part of the required field of vision is obscured or not visible from the driver's seated position.

8. Any glass is not of an approved type (393.60[a]).

9. The windshield has discoloration or other damage in that portion extending upward from the height of the topmost portion of the steering wheel, not including a 2-inch border at the top and a 1-inch border at each side of the windshield or each of its panels, except as follows:

a. Color or tint applied by the manufacturer for the reduction of glare

b. Any crack not over 1/4 inch long, if not intersected by any other crack

c. Any damaged area that can be covered by a disc 3/4 inch in diameter, if not closer than 3 inches to any other such damaged area

d. Any driver's side area window has chips, clouding, or cracks that obscure the driver's vision (393.60[c]).

10. There is any crack 1 1/2 inches or longer in the frame side rail web that is directed toward bottom flange or there is any crack extending from the frame side rail web around the radius and into the bottom flange (393.201 [a]).

11. Three or more adjacent crossmembers are broken or detached or any area of the floor is sagging or soft due to broken crossmembers (393.201).

12. Mud flaps are damaged or worn but are still capable of meeting the standard described in item "M," above ( 23 VSA §

1306. .

Electrical/Battery

Battery Procedure:

1. Visually and physically inspect that the battery(ies) is (are) securely mounted and that there are no signs of leaking or excessive corrosion.

2. Crank the engine to ensure that the battery has adequate capacity to start the engine.

Cables Procedure:

1. Visually inspect all electrical cabling and wiring for chafed, frayed, damaged, or burned insulation.

2. Visually and physically inspect for corroded or loose connections at the battery terminals. Inspect for unsuitable insulation to electrical cabling.

3. Visually and physically inspect for missing or damaged protective grommets insulating all electrical cables through metal compartment panels. All electrical cabling passing through a metal surface must pass through an insulated grommet to provide adequate protection against chaffing and shorting.

Visually and physically inspect for any broken or unsecured mounting of electrical components.

5. Visually and physically inspect electrical cabling for securement and routing and inspect for any unsecured wiring that may cause chafing or frayed conditions.

Reject vehicle if:

Any battery is not secured (393.30).

2. There are signs of leaking or excessive corrosion.

3. Any electrical cable insulation is chafed, frayed, damaged, compromised, or burned, causing bare cable to be exposed (393.28, 396.3[a][l]);

4. Any mounting for electrical components is broken or unsecured (396.3[a][l]). Advise customer if:

5. The battery lacks the cranking capacity to start the engine.

6. There are loose or corroded connections at battery posts or compromised insulation protection to electrical components (393.28, 393.77[b], 396.3[a][l]).

7. There are missing or damaged protective grommets insulating main electrical cables through metal compartment panels (393.30).

8. Any electrical cable is unsupported, hanging, or missing clamps, resulting in circumstances that may cause chafing or frayed conditions (393.28, 396.3[a][1]).

Tires, Wheels, and Rims

Procedure: Inspect Wheels and Rims.

1. Visually and physically inspect all nuts, bolts, studs, lugs, and holes for damage. Visually inspect for broken, damaged, missing, or loose fasteners. Rust around fasteners or on the rim surface is sometimes an indication of cracked or loose mounting hardware.

2. Visually inspect rims for cracks, welds, or broken components. Visually inspect for any lock or slide ring that is broken, cracked, improperly seated, sprung, or has mismatched rings.

Reject vehicle if:

Any nuts, bolts, studs, lugs, or holes are elongated, broken, missing, damaged, or loose (393.205[b]).

2. There is any cracked or broken wheel or rim (393.205[a]).

3. Any lock or slide ring is broken, cracked, improperly seated, sprung, or has mismatched rings (393.205[a]).

Procedure: Inspect tire tread, type, inflation, and sidewalls.

Visually inspect that tires are properly inflated and do not have noticeable leaks. (See 393.76 [h][1],[2].) Note: The inspector must use a tire pressure gauge to verify pressure, if questionable.

2. Visually inspect valve stems for damage and presence of the valve cap.

Visually inspect tire sidewalls for cuts, wear, and any observable bumps or bulges.

4. Visually inspect for any front tire worn to less than 4/32 inch.

5. Visually inspect for any rear tire worn to less than 2/32 inch.

6. If a visual inspection cannot determine that the tire meets the minimum depth requirement, the inspector must use a commercial tire depth gauge to verify tread depth.

7. Visually inspect the steer axle (front) to ensure that no recapped, regrooved tires are present.

8. Visually inspect tires for improper wear patterns.

9. Check to ensure proper tire type (e.g.,, restricted use, load range, size, mismatched on axle).

Reject vehicle if:

Any front tire is worn to less than 4/32 inch (393.75[b]).

2. Any rear tire is worn to less than 2/32 inch (393.75[c]).

3. Any tire is flat or has a noticeable leak (393.75[a][3]).

4. Any sidewall is cut, worn, or damaged to the extent that the steel or fabric cord is exposed (393.75[a]).

5. There is any observable bump, bulge, or knot related to sidewall or tread separation (393.75[a]).

Advise customer if:

1. Any school bus is being operated with regrooved, recapped, or retreaded tires on the front axle (393.75[d]).

2. Any tire is not of the proper type (e.g.,, load range, size, mismatched on axle).

3. Any tire is underinflated or overinflated.

Engine

Procedure: Visually and physically inspect engine components for wear, looseness, damage, improper installation, or fluid leaks.

1. Visually inspect the engine and surrounding components for evidence of fluid leaks and loose or damaged components. Start the engine. While the engine is operating, visually and audibly monitor the engine for proper operation, leaks, and unusual noises of the engine or its components.

2. Visually inspect the cooling fan per the manufacturer's recommendations.

Visually and physically inspect all drive belts for proper alignment and tension per the manufacturer's recommendations. All belts must be free of cracking, frays, fluid, glazing, and excessive wear. Inspect the belt-tensioner per the manufacturer's recommendations.

4. Visually inspect all hydraulic, coolant, fuel, and pneumatic hoses for damage, proper routing, proper type, and proper securement. Hoses must be routed to avoid contact with the exhaust system, rotating or moving engine components, or sharp edges. Hoses must not be cracked, leaking, swollen, or chaffed.

Reject vehicle if:

Any critical component fails to function as designed (396.3).

2. There is any fluid leak that would affect the safe operation of the vehicle.

Advise customer if:

1. Any noncritical component fails to function.

2. There is any fluid leak that does not affect the safe operation of the vehicle.

Steering Alignment

Procedure: Inspect ball and socket joints, front axle beam, hoses/fluids, nuts, pitman arm, power steering, steering wheel/column, steering gear box, tie rods/drag links, king pin, wheel bearing assemblies, and a frame on type a buses.

Click here to view image

Procedure: Inspect ball and socket joints.

1. With the bus on the ground, examine the ball joint nut stud for movement while the steering wheel is being rocked back and forth. Examine the ball and socket joint for weld repairs.

2. Check for lateral and vertical movement by grasping the tie rod and drag link sockets and attempting to laterally and vertically move the ball joint (rotational movement will not be considered). Any motion other than rotational, greater than 1/8 inch, that can be detected by movement with two hands with moderate strength in any connecting joint is a defect.

Reject vehicle if:

Any nut stud moves under a steering load (396.3[a][1]).

2. There is any motion, other than rotational, between any linkage member and its attachment point of more than 1/8 inch measured with hand pressure only (393.209[d]).

3. There is any obvious welded repair (393.209)[d]).

Procedure: Inspect front axle beam.

1. Visually examine the front axle beam for any obvious bend or twist, any cracks, or any welded repair.

Reject vehicle if:

There is any crack or obvious welded repair (396.3[a][1]).

Procedure: Visually examine all tie rods, pitman arm, steering gear box, drag link, steering arm, and tie rod arm for looseness and missing fasteners.

Reject vehicle if:

There are loose or missing fasteners on the tie rod, pitman arm, drag link, steering arm, or tie rod arm (396.3[a][1]).

2. The pitman arm is loose on the steering gear output shaft (393.209[d]).

There is any obvious welded repair (396.3[a][1]) (393.209[d]).

Procedure: Examine power steering.

1. Manually manipulate the auxiliary power-assist cylinder to check for looseness. Start the bus and rotate the steering wheel back and forth to ensure that the power steering pump is operable.

2. With the engine stopped, inspect the system drive belt(s) for any fraying, cracks, or fluid saturation. Check belt tension. On units equipped with an automatic tensioner, ensure that the tensioner moves freely.

3. Inspect the fluid reservoir/hoses while at operating temperature to ensure that the fluid level is not below the add mark. Inspect for signs of fluid leakage.

Reject vehicle if:

The auxiliary power-assist cylinder is loose (393.209[e]).

2. Any power steering system belts are frayed, cracked, or slipping (393.209[2][e]).

3. The power steering system is leaking or if there is insufficient fluid in the reservoir (393.209[2][e]).

Procedure: Examine steering.

1. Visually inspect for any modification or other condition that interferes with the free movement of any steering component. Turn the steering wheel through a full right and left turn, and feel for binding or jamming conditions. Both front wheels must be capable of being turned to full right or full left without binding or interference.

2. Inspect turn stops by observing for shiny spots and/or signs of wear due to contact with other vehicle components on the sides of tires, drag links, pitman arm, shock absorbers, and brake lines.

Reject vehicle if:

Any modification or condition interferes with the free movement of any steering component (393.209[d]).

2. Steering travel is restricted through the limit of travel in either direction (570.60[c]).

Procedure: Examine steering column/wheel.

1. Inspect the steering column for any looseness in bolts, clamps, positioning parts, or universal joints. Inspect the flexible coupling in the steering column (if the vehicle is so equipped) for excessive misalignment and tightness of the clamp bolt or nut.

2. The steering column and components must also be inspected for damage, cracks, or welded repairs. Inspect the steering wheel to ensure that it is properly positioned and secured.

3. Place steering axle wheels in a straight-ahead position and have an assistant turn the steering wheel until movement is observed at the left road wheel. Measure the steering wheel movement from starting position to wheel movement position. Compare this measurement to the applicable listing in Table 2: Steering Wheel Free Play, below.

Table 2: Steering Wheel Free Play

Steering Wheel Free Play: Steering wheel free play must not exceed the requirements listed in the following chart:

| Steering Wheel Diameter | Manual System Movement 30 | Power System Movement 45 | | --- | --- | --- | | 16 inches (41 cm) | 2 inches (5.1 cm) | 4 1/2 inches (11.5 cm) | | 18 inches (46 cm) | 2 1/4 inches (5.4 cm) | 4 3/4 inches (12 cm) | | 20 inches (51 cm) | 2 1/2 inches (6.4 cm) | 5 1/4 inches (13.5 cm) | | 22 inches (56 cm) | 2 3/4 inches (7 cm) | 5 3/4 inches (14.5 cm) |

Reject vehicle if:

Any U-bolts or other positioning parts are absent or loose (393.209[c]).

2. Any universal joints are welded or repaired (393.209[d]).

3. The steering wheel is not properly secured (393.209[a]).

4. Steering wheel lash/free play exceeds the requirements in Table 2 (393.209[b]).

Procedure: Examine steering gear box.

1. Visually examine the steering gear box for any loose, damaged, or missing mounting bolts. Inspect for cracks in the gear box, mounting brackets, or any obvious welded repairs.

2. While having an assistant rock the steering wheel back and forth, visually inspect the steering shaft and gear box for any looseness where the steering gear box is mounted to the frame. Visually inspect the steering shaft coupler for cracks, damage, or looseness.

3. With the engine operating, inspect for excessive fluid and/or oil leakage (observable movement of fluid).

Reject vehicle if:

Any mounting bolt is loose or missing (393.209[d]).

2. There are any cracks in the gearbox or mounting brackets (393.209[d]) (396.3[a][1]).

3. There are any obvious welded repairs (396.3[a][1]) (393.209[d]).

There is looseness of the yoke coupling to the steering gear input shaft (393.209[d]).

Procedure: Examine tie rods/drag links.

1. While having an assistant rock the steering wheel back and forth, visually inspect the tie rod ends, crossbar, and drag links for any looseness at the steering linkage pivot points.

2. Check for lateral and vertical movement by grasping the tie rod and drag link sockets and attempting to laterally and vertically move the ball joint (rotational movement will not be considered). Any motion, other than rotational, greater than ? inch, that can be detected by movement with two hands with moderate strength in any connecting joint is a defect.

Check the crossbar for structural damage and the crossbar clamps for secure mounting.

Reject vehicle if:

There are any loose clamps or clamp bolts on the tie rod or drag link(s) (396.3[a][1]).

2. There is looseness in any threaded joint (396.3[a][1]).

Procedure: Examine king pin and wheel bearing assemblies.

1. Visually inspect the king pin and wheel bearing assemblies for looseness, damage, and missing or loose fasteners, including locking pins, draw keys, caps, and bearings.

2. Physically inspect the king pin and bearing assemblies for play. With the tire raised off the ground, grasp the tire at its top and attempt to move the wheel assembly in and out. If movement is present, the inspector can help to identify the source through the following procedure:

Have an assistant fully apply the brakes while rechecking play. If movement disappears with brakes applied, then the play is in the wheel bearings. If movement remains, it is most likely in the king pin area. The assembly must not have king pin play that exceeds.250 inch measured at the outside edge of the tire or have wheel bearing movement that exceeds.010 inch measured at the bearing hub.

Visually inspect A-frames and bushings on Type A vehicles. Inspect bushings for wear, cracking, splitting, or severe extrusion from suspension parts.

4. For vehicles equipped with "wet hubs" or oil bath hubs, the inspector should visually check the site glass for lubricant level.

Reject vehicle if:

Wheel bearing or king pin play exceeds 1/4 inch (393.70) (570.61).

2. Any bearing (hub) cap, plug, or filler plug is missing or broken, allowing an open view into the hub assembly (396.3[a][1]).

3. There is smoking from the wheel hub assembly due to bearing failure (396.3[a][1]).

4. Any wheel seal is leaking. This must include evidence of contamination of the brake friction material (396.5[b]).

Note: Grease/oil on the brake lining edge, back of shoe, or drum edge and an oil stain with no evidence of fresh oil leakage are not conditions for an out-of-service violation.

5. Lubricant is leaking from the bearing hub and is accompanied by evidence that further leakage will occur (396.5[b]).

6. No visible or measurable lubricant shows in the bearing hub (396.5[a]).

Suspension Components

Procedure: Inspect all components of the suspension.

1. Visually and physically inspect all front and rear axle components. Inspect all U-bolts and other suspension connections to axle mounting hardware for cracks, breaks, looseness, or improper type.

2. Inspect axle, axle housing, spring hanger(s), shackles, or other axle components for alignment, cracks, breaks, and loose or missing items that could result in the axle shifting from its normal position.

3. Inspect the front axle beam for signs of improper repair (e.g.,, welding or heating).

4. Inspect for any worn (beyond manufacturer specifications) or improperly assembled U-bolt, shock, king pin, ball joint, strut, air spring, or positioning components.

5. Inspect all leaf spring hangers, hanger assemblies, or portions of leaf for broken, separated, sagging, bent, abnormally worn (beyond manufacturer specifications), shifted, or missing components.

6. Inspect pins and bushings for wear, off-center spring eyes, rubbing shackles, or asymmetric joints. Inspect for any broken, weak, or damaged coil springs and mounting assemblies.

7. Visually and physically inspect all hydraulic shock absorbers for leaks, looseness, damage, or missing components.

8. Inspect air suspension (if equipped). Observe that the vehicle is lifting level. With the air system fully charged, inspect for any audible or visual air leakage at the air spring assembly, supply hoses, and connections.

Caution: Use caution whenever underneath the vehicle. There may not be sufficient room underneath the vehicle should a problem occur with the air suspension system.

Reject vehicle if:

Air suspension is deflated (one or more deflated air spring/bag) (393.207[f]).

2. Any air spring/bag is missing, broken, or detached at either the top or bottom (393.207[f]).

3. Any U-bolt or other spring to axle clamp bolt is cracked, broken, loose, or missing (393.207[a]).

4. Any axle, axle housing, spring hanger, or other axle positioning part is cracked, broken, loose, or missing, resulting in an axle shifting from its normal position (393.207[a]).

5. There is any worn (beyond manufacturer specifications) or improperly assembled U-bolt, shock, king pin, ball joint, strut, airbag, or positioning component (570.61[a]).

6. Any spring hanger, assembly part, or portion of leaf is broken, separated, or missing (393.207[c]).

7. There is any broken coil spring (393.207[d]).

Advise customer if:

1. There is any crack 1 1/2 inches or longer in the frame side rail web that is directed toward the bottom flange (393.201[a]).

2. There is any broken coil spring (393.207[d]).

Any area of the floor is sagging or soft due to broken crossmembers (393.201).

Brake Systems

Procedure: Inspect air system.

1. With full system air pressure, depress the brake pedal and inspect each wheel end brake to determine if effective braking forces are applied. There should be no audible air loss at supply lines, fittings, valves, or brake chambers.

2. With full system pressure, make a single full service brake application with the parking brake and ignition off. Note the gauges and listen for air leaks. Release the service brake.

3. If an air leak is detected at any point in the inspection process, the inspector should check the vehicle's air loss rate through the following procedures:

a. Set the engine at idle and release the brakes.

b. Reduce air pressure in the reservoir to 80 psi.

c. Make a full brake application with the governor cut in.

d. Check the air pressure gauge after the initial application for air loss. Air pressure should be maintained or increase. A drop in pressure indicates a serious air leak in the brake system.

Reject vehicle if:

Braking action is ineffective upon the application of service brakes (393.48 [a]).

2. There is an audible air leak at a chamber (e.g.,, ruptured diaphragm, loose chamber clamp, etc.) (386.3[a][1]);

3. An air leak is discovered and either the primary or secondary reservoir pressure is not maintained when the following conditions exist (396.3[a][1]):

-- Governor is cut in.

-- Reservoir pressure is between 80 and 90 psi.

-- Engine is at idle.

-- Service brakes are either fully applied or released.

Advise customer if:

1. The ABS malfunction indicator light is not functioning as designed or is illuminated on all ABS-required vehicles.

Procedure: Examine air brakes measurement.

Note: The following procedure is based on the applied stroke method for measuring the movement of the brake chamber push rod:

1. Release the spring brakes and visually check each brake to ensure that it is in the normal released position.

2. With the brakes released, make a mark where the pushrod exits the brake chamber.

3. With the engine off, make a series of brake applications to reduce the reservoir pressure to between 90 and 100 psi.

4. Apply and hold a full brake application (90 to 100 psi).

5. Measure the distance between the mark and the face of the brake chamber. The difference between measurements is called the chamber applied stroke.

Note: Any brake that is beyond the re-adjustment limit will require repairs and/or adjustment. (See Appendix C, Table 1: Brake Adjustment Specifications.)

Reject vehicle if:

Any one brake is beyond the adjustment limit.

(See Appendix C, Table 1: Brake Adjustment Specifications.)

Procedure: Visually inspect all brake chambers to ensure that they are properly marked, in good operating condition, have no visible damage, and are properly matched. Chambers must be matched by size, type, and stroke.

Reject vehicle if:

Chamber size is mismatched on an axle (393.47[b]).

2. There is a mismatched brake chamber long stroke versus regular stroke (393.47[b]).

3. Slack adjuster length is mismatched (393.47[c]).

Procedure: Examine brake shoes, pads, linings.

1. Visually inspect all brake linings, shoes, and pads. Linings may be checked through inspection slots. All shoes, pads, and linings must comply with the applicable standards.

The brake lining/pad thickness must not be less than 3/16 inch at the shoe center for a shoe with a continuous strip of lining, less than 1/4 inch at the shoe center for a shoe with two pads, or worn to the wear indicator if the lining is so marked for air drum brakes.

2. The brake lining/pad thickness must not be less than 1/8 inch for air disc brakes or 1/16 inch or less for hydraulic disc brakes.

3. Visually inspect the brake lining/pad to ensure that it is firmly attached to the shoe, is not cracked or broken, and that the friction surface is not saturated with oil, grease, or brake fluid.

4. Visually inspect all brake component mounting hardware for any loose, cracked, broken, or missing items. This inspection should be performed with the brakes released and with the brakes applied. It may be necessary to remove inspection access covers and brake dust covers or, in some instances, to pull wheels and drums to accomplish the inspection.

Reject vehicle if:

There is any lining thickness less than allowed by 393.47.

2. Any lining pad is cracked, broken, not firmly attached, or missing (393.47). (Surface or heat cracks in the lining should not be considered out of service.)

3. The friction surface of the drum, rotor, or friction material is contaminated by oil, grease, or brake fluid (393.47).

4. There is a loose or missing component (e.g.,, chambers, spiders, support brackets) (393.47).

5. The brake pad fails to make contact with drum/rotor (e.g.,, frozen, binding, uneven) (393.48[a]).

6. Braking action on any axle is absent (e.g.,, failing to move upon application of a wedge, S-cam, cam, or disc brake).

7. A rotor or drum has evidence of metal-to-metal contact on the friction surface (393.47[d][1]).

8. A brake pad, lining, or shoe is missing (393.47[a]).

Procedure: Examine drums/rotors. Visually inspect all brake drums/rotors for any external cracks that open when brakes are applied (do not confuse short hairline internal check cracks with flexural cracks) and for any portion of the drum/rotor that is missing or in danger of falling away.

Note: It may be necessary to remove inspection access covers and brake dust covers or, in some instances, to pull wheels and drums to accomplish the inspection.

Reject vehicle if:

There are any external cracks that open upon application (393.47[a]).

2. Any portion of the drum or rotor (discs) is missing, broken, misplaced, or cracked through the rotor to the center vent (393.47[a]).

Procedure: Visually inspect all system hoses, lines, and tubing for any audible leak (if air) or visible leak (if hydraulic); any bulging or swelling when the system is pressurized; any hose, line, or tubing that is cracked, broken, or crimped in a way that would restrict flow; any hose that is chafed through its outer cover to the fabric layer or any line/tubing, and for proper securement and support.

Reject vehicle if:

A brake hose has any damage extending through the outer reinforcement ply (393.45[a]).

2. There is an audible leak somewhere other than a proper fitting or connection (393.45[a]).

3. There is any bulge or swelling when brakes are applied (393.45[a]).

4. There is any restriction due to a cracked, broken, or crimped line/hose (393.45[a]).

5. Any line, tubing, hose, or connection is not constructed to meet the standard (571.106).

Procedure: Examine hydraulic brake measurement.

1. With the brake pedal in the full upright position, measure the distance between the brake pedal and the floor or firewall. With the engine running, make a single firm brake application, measure the distance between the brake pedal and the floor or firewall must a second time, and record the difference.

2. With the vehicle stopped and engine running, depress brake pedal. The system must be able to maintain brake pedal height under moderate foot force (40 to 60 pounds) for 1 minute without pumping. With the vehicle in a stopped position and the brake pedal depressed under moderate foot force (40 to 60 pounds) there should be a minimum of 1/3 of the total available pedal travel (manufacturer's specification) remaining on nonpowered systems.

Reject vehicle if:

There is no pedal reserve with the engine running (393.40[b]).

Procedure: Examine hydraulic brake system.

1. With the engine off, turn the ignition switch to the "on" position and check the instrument panel for visible and audible warning signals to indicate a system malfunction. If the bus is equipped with vacuum assist, it must have a visible warning signal and gauge to indicate any loss of vacuum. Audible signals must be loud enough to be heard over engine noise.

2. Visually inspect the master cylinder to determine if it is below the minimum fill requirements, leaking, loose, or improperly mounted.

3. Visually inspect the hydraulic fluid reservoir level in the master cylinder unit. Inspect for any fluid leaks on wheel cylinders/calipers, master cylinders, hose connections, and hydrovac on buses using vacuum-assisted brakes. Check for brake fluid around the brake booster between the booster and firewall.

Reject vehicle if:

The system brake failure light or low fluid light is on or inoperative (393.51).

2. The reservoir is below minimum level (393.45[a]) (571.106).

3. Any hoses seep, leak, or swell under pressure (393.45[a]).

4. Any leak is present in the master cylinder unit (393.45[a]) (571.106).

5. There is any observable fluid leak in the brake system.

6. The brake failure warning system is missing, inoperative, disconnected, defective, or activated while the engine is running, with or without brake application (393.51[b]).

Advise customer if:

1. For ABS-required vehicles, the ABS malfunction indicator light is not functioning as designed or is illuminated.

Procedure: Examine parking brake.

1. With the engine operating and the parking brakes set, place the transmission in both forward and reverse gears to determine if the brakes will hold the vehicle stationary.

2. Visually and physically check the condition of the parking brake system and the parking brake warning light.

Reject vehicle if:

The parking brake fails to hold the vehicle in a stationary position on normal roadway conditions (absence of ice or snow) in forward or reverse (393.41) (571.105 S5.2.1 and S5.2.3[b]).

Advise customer if:

1. The parking brake warning lamp fails to function as designed.

Procedure: Examine power-assist unit.

1. For electric/hydraulic assist, with the engine off, depress the brake pedal. The electric/hydraulic brake assist motor must operate.

2. For hydrovac assist, with the engine off, pump the brakes to exhaust all reserve. Hold firm pressure on the brake pedal and start the engine. The pedal should fall slightly. The failure of the pedal to fall slightly indicates a malfunction of the power-assist unit.

3. For hydro-boost, after two or three brake applications with the engine off, start the vehicle while maintaining pressure on the brake pedal. The pedal should push briefly, then fall as the power assist engages.

Reject vehicle if:

The power-assist unit fails to operate (396.3[a][1]).

Drive shaft/Differential

Procedure: Visually and physically inspect each segment of the drive shaft and the differential.

1. Visually inspect the differential and differential housing for cracks and leaks. Careful attention must be paid to the areas of mounting attaching hardware and wheel end areas. The housing vent must be inspected to ensure that it is not clogged and is functional by twisting the vent cap by hand.

Visually and physically inspect each segment of the drive shaft and associated hardware. Inspect for bends, cracks, missing weights, or debris entangled in the shaft. Each shaft more than 18 inches long must be equipped with a suitable guard to prevent an accident or injury if it fractures or disconnects. Check to ensure that the drive shaft guards are not loose, bent, or missing.

3. Visually and physically inspect each universal joint and center bearing. Universal joints and center bearings must not be loose or worn and must have all attaching hardware securely fastened. Check for lateral and vertical movement of the universal joints and center bearing by grasping the universal joint and attempting to move the joint laterally and vertically. Inspect universal joints for substandard or welded repairs.

4. Visually inspect the drive shaft for proper phasing. (See illustration.)

Click here to view image

Reject vehicle if:

The drive shaft guard is loose, missing, improperly placed, or bent (393.89).

2. Any drive shaft universal joint is worn or faulty or exhibits an obvious welded repair (393.209[2][d]).

3. The differential has a cracked or leaking housing (393.207[a]).

Advise customer if:

One or more drive shafts are out of phase.

Exhaust System

Procedure: Visually and audibly inspect the entire exhaust system (muffler, diesel particulate filter, diesel oxidation catalyst, heat shields, mounting hardware, and other system components)

1. Visually and audibly inspect the complete exhaust system to ensure that exhaust is not discharging directly below the driver or passenger compartment. All exhaust emission control devices must be installed and operating per the manufacturer's recommendations.

2. Inspect for the presence and condition of heat shielding over and around all piping and components where specified by the vehicle manufacturer.

3. Visually and physically inspect all exhaust system mounting hardware for loose, missing, or damaged components and ensure that it is securely attached. Inspect to ensure that all clamps are in place and secure.

4. Visually inspect the exhaust system for indications of, and areas likely to result in, burning, charring, or damaging of the electrical wiring, the fuel supply, or any combustible part of the vehicle.

Reject vehicle if:

The exhaust system is leaking or discharging directly below or at a point forward of the driver or passenger compartment (393.83[g]).

Note: Does not apply to proper venting for emission systems.

2. Any part of the exhaust system is located where it is likely to result in burning, charring, or damaging of the electrical wiring, the fuel supply, or any combustible part of the vehicle (393.83[a]).

Fuel System

Procedure: Inspect all parts of the fuel system (fuel tank, fuel tank cage, fuel lines, hoses, filters, fill cap, fittings).

1. Visually inspect all parts of the fuel system for indications of damage or leaks.

2. Visually and physically inspect fuel lines and hoses for proper securement and routing and for missing or loose clamps that may cause chafing or come in contact with electrical components.

Reject vehicle if:

(CNG or LPG Fuels)

Any fuel leakage from the CNG or LPG system is detected audibly or by smell and is verified by either a bubble test using non-ammonia, noncorrosive soap solution or a flammable gas detection meter (396.3[a][1]).

Note: Verification is needed to ensure that the sound is not either internal to the fuel system (such as gas flowing in a pressure regulator or pressure equalizing between manifold tanks) or a leak in the air brake system.

2. Any fuel leakage from the CNG or LPG system is detected visibly (via evidence such as ice buildup at fuel system connections and fittings) and is verified by either a bubble test using non-ammonia, noncorrosive soap solution or a flammable gas detection meter (396.3[a][1]).

Note: Some brief fuel leakage or decompression may occur during refueling, causing temporary frosting of CNG or LPG fuel system parts. If the vehicle has been refueled shortly before inspection, care must be taken to distinguish these temporary frosting occurrences from actual leaks.

(Liquid Fuels)

1. Any part of the fuel tank or fuel system is not securely attached to the vehicle (393.65).

2. Any component of the fuel system has a dripping leak at any point (393.67 Tank), (396.3[a][1].

3. The fuel cap is missing or the system does not seal as designed.

Wheelchair Lift-Equipped Vehicles

Procedure: Visually and manually inspect the wheelchair lift for proper operation and possible hazards.

1. Visually inspect and operate the wheelchair lift to ensure it functions as designed. Inspect for any leaks that would hinder the operation of the lift.

2. Inspect all safety systems of the wheelchair lift (e.g.,, hand rails, ramp stops, etc.) and ensure that they are functioning as designed and in compliance with FMVSS 403 and 404.

3. Ensure that all pinch points are protected from seated passengers.

4. Visually inspect all wheelchair and occupant securement devices to ensure that none are missing or broken and that straps are not frayed.

5. Inspect that all components for each wheelchair position conform to the manufacturer's specifications.

6. Visually and physically inspect all anchorage points, tracking, and fasteners for securement.

Reject vehicle if:

The wheelchair lift does not function as designed or is inoperable.

2. A platform lift manufactured after April 1, 2005, does not have all the following components (as referenced in FMVSS 403 and 404):

a. Jacking prevention

b. Manual backup operating mode

c. Interlocks to prevent forward or rearward mobility of the vehicle unless lift is stowed and lift doors are closed

d. Wheelchair retention device

e. Platform outer barrier, inner roll stop, and threshold warning device

3. Any hydraulic line leaks during lift operation.

4. The wheelchair restraint system is missing, incomplete or improperly installed, loose, damaged, or does not adhere to the securement manufacturer's recommendations.

5. Any required wheelchair occupant restraint system is not in compliance (571.222).

Appendix A Administrative Penalty and Duration of Suspension

| ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION | | | | | | | --- | --- | --- | --- | --- | --- | | CATEGORY 1 VIOLATION | | | | | | | TYPE OF VIOLATION | DURATION OF SUSPENSION | | | | | | 1^st Violation | 2^nd Violation | 3^rd Violation | 4^th & Subsq Violation | | | | a. | Furnishing, giving, selling, or attaching a certificate of inspection without a complete inspection of the vehicle. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation | | b. | Fraudulent recording of information on any and all inspection records, including certificate of inspection, use of another mechanics credentials, all required AVIP tablet entries, and data entry required to complete the VIR. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation | | c. | Performing or diagnosing unnecessary repairs for the purpose of inspection. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation | | d. | Inspecting a vehicle at an unlicensed location. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation | | e. | Performing a road test on a public highway on an unregistered vehicle and/or a vehicle that is not properly insured. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation | | f. | Failure of the replacement sticker agent to properly replace and affix the certificate of inspection as required. | $ 300 | $ 400 & 30-day suspension | $ 500 & 6-month suspension | Revocation |

• Note: The determination of second and subsequent violations is made based on previous violations.

| ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION | | | | | | | --- | --- | --- | --- | --- | --- | | CATEGORY 2 VIOLATION | | | | | | | TYPE OF VIOLATION | DURATION OF SUSPENSION | | | | | | 1^st Violation | 2^nd Violation | 3^rd Violation | 4^th & Subsq Violation | | | | a. | Inspecting a vehicle not owned by and registered to the fleet inspection station. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | b. | Inspection and test drive performed by an uncertified mechanic. Uncertified mechanics may only conduct inspections in their first 30 days of employment. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | c. | Inspecting a vehicle without a rear registration plate or validation sticker. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | d. | Failing to verify the VIN and registration information with the vehicle. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | e. | Performing a faulty or incomplete inspection; inspecting a vehicle with inoperable, illegal, or defective equipment. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | f. | Inspecting a vehicle in a facility without the required tools, equipment, space, or any of the requirements of the provisions for designation. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | g. | Inspecting a vehicle that was taken on a road test by a mechanic with a suspended operator's license. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | h. | Failing to return all Department materials to the DMV immediately upon revocation, suspension, cancelation, or discontinuance of business. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation | | i. | Failing to comply with any of the provisions for inspection station designation. | $ 120 | $ 220 | $ 300 & 30-day suspension | Revocation |

• Note: The determination of second and subsequent violations is made based on previous violations.

| ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION | | | | | | | --- | --- | --- | --- | --- | --- | | CATEGORY 3 VIOLATION | | | | | | | TYPE OF VIOLATION | DURATION OF SUSPENSION | | | | | | 1^st Violation | 2^nd Violation | 3^rd Violation | 4^th & Subsq Violation | | | | a. | Failing to produce related work orders and invoices to the DMV or agent on request. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | b. | Failing to record a vehicle inspection on AVIP when accepting payment for inspection services. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | c. | Failing to assign the correct expiration/date month on certificate of inspection. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | d. | Failing to conspicuously display the inspection station's license, hourly rate, or flat fee rate. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | e. | Failing to notify the DMV immediately, in writing, of changes of ownership, name, or location of an official inspection station. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | f. | Failing to report to the DMV within 2 business days of the loss or theft of a certificate of inspection. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension | | g. | Failing to immediately notify the DMV upon the temporary or permanent closing of the inspection station or a change of business hours. | $ 65 | $ 120 | $ 200 & 30-day suspension | 6-month suspension |

• Note: The determination of second and subsequent violations is made based on previous violations.

| ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION | | | | | | | --- | --- | --- | --- | --- | --- | | CATEGORY 4 VIOLATION | | | | | | | TYPE OF VIOLATION | DURATION OF SUSPENSION | | | | | | 1^st Violation | 2^nd Violation | 3^rd Violation | 4^th & Subsq Violation | | | | a. | Failing to affix a certificate of inspection to the correct vehicle. | $ 25 | $ 30 | $ 65 | 3-month suspension | | b. | Loaning certificates of inspection to or borrowing certificates of inspection from another inspection station. | $ 25 | $ 30 | $ 65 | 3-month suspension | | c. | Failing to return unused inspection stickers before the end of February following the use of the next year's stickers. | $ 25 | $ 30 | $ 65 | 3-month suspension |

• Note: The determination of second and subsequent violations is made based on previous violations.

| ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION | | | | | | | --- | --- | --- | --- | --- | --- | | CATEGORY 5 VIOLATION | | | | | | | TYPE OF VIOLATION | DURATION OF SUSPENSION | | | | | | 1^st Violation | 2^nd Violation | 3^rd Violation | 4^th & Subsq Violation | | | | a. | Illegibly recording information on certificate of inspection. | Warning | $ 10 | $ 25 | 30-day suspension | | b. | Failure of a 2^nd certified mechanic to sign AVIP VIR when the primary certified inspection mechanic's operator's license is under suspension, when he or she does not hold a valid class or endorsement on his or her driver's license; or when he or she holds a provisional inspection license. | Warning | $ 10 | $ 25 | 30-day suspension |

• Note: The determination of second and subsequent violations is made based on previous violations.

Appendix B Measuring Push Rod Travel

Caution: Faulty brake chambers may explode, especially upon brake application. Always maintain a safe distance from chambers, and never position yourself behind the chamber when the driver applies the brakes.

Procedure:

1. With the brakes released, mark the push rod at a point where the push rod exits the brake chamber.

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2. While the brakes are applied, measure the distance of push rod travel (the stroke) from the brake chamber to the mark. A 90-degree slack/rod angle applies maximum braking force.

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3. When the slack/rod angle goes to the point where the angle is less than 90 degrees:

a. Braking force diminishes.

b. The push rod may bottom out.

c. The brake may need adjustment.

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4. Push rod travel must be measured from a fully released position to a fully applied position. Approximately 90 psi of air pressure is required to fully release all the brakes.

5. The type and size of a brake chamber determines the allowable push rod travel specification. Larger chambers result in more allowable push rod travel.

6. Often, the type of brake chamber is marked on the chamber itself. If not, you must measure the diameter to determine the type. To do this, measure from the outside of the clamp, not just the diameter of the chamber. Use the tables below to check the size and type of brake chamber against the distance of the push rod travel.

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[] Note: Automatic brake slack adjusters are required on air brake--equipped vehicles manufactured on and after October 20, 1994. Replacing or re-adjusting a self-adjusting brake adjuster that exceeds the maximum push rod stroke does not guarantee that the defect is corrected. There may be defects in other components of the foundation brake system.

Appendix C Brake Adjustment Specifications

Brake adjustment: Must be less than those specifications contained herein relating to "Brake Adjustment Limit." (Dimensions are in inches.)

| Clamp-Type Chamber Data | | | | --- | --- | --- | | Type | Outside Diameter | Brake Adjustment Limit | | 6 | 4 1/2 | 1.25 | | 9 | 5 1/4 | 1.375 | | 12 | 5 11/16 | 1.375 | | 16 | 6 3/8 | 1.75 | | 20 | 6 25/32 | 1.75 | | 24 | 7 7/32 | 1.75 | | 30 | 8 3/32 | 2 | | 36 | 9 | 2.25 | | "Long Stroke" Clamp-Type Brake Chamber Data | | | | 12 | 5 11/16 | 1.75 | | 16 | 6 3/8 | 2.0 | | 20 (2 1/2-inch rated stroke) | 6 25/32 | 2.0 | | 20 (3-inch rated stroke) | 6 25/32 | 2.5 | | 24 (2 1/2-inch rated stroke) | 7 7/32 | 2.0 | | 24 (3-inch rated stroke) | 7 7/32 | 2.5 | | 30 | 8 3/32 | 2.5 | | DD-3 Brake Chamber Data | | | | 30 | 8 1/8 | 2.25 | | Note: This chamber has three air lines and is found on motorcoaches. | | | | Wedge Brake Data | | | | The combined movement of both brake shoe lining scribe marks must not exceed 1/8 inch (3.18 mm). | | |

History

• EFFECTIVE DATE:
• June 6, 1991 Secretary of State Rule Log #91-27
• AMENDED:
• January 1, 1995 Secretary of State Rule Log #95-5; December 1, 1996 Secretary of State Rule Log #96-72; May 15, 1998 Secretary of State Rule Log #98-23; January 15, 1999 Secretary of State Rule Log #98-85; July 1, 2001 Secretary of State Rule Log #01-26; July 1, 2005 Secretary of State Rule Log #05-19; June 25, 2007 Secretary of State Rule Log #07-015; February 23, 2011 Secretary of State Rule Log #11-004; August 21, 2013 Secretary of State Rule Log #13-023; July 1, 2019 Secretary of State Rule Log #19-009; January 1, 2020 Secretary of State Rule Log #19-066
• STATUTORY AUTHORITY: 23 V.S.A. §§ 1001 & 1229

Chapter 023 PHOTOGRAPH LICENSE FEE

14-023 Code Vt. R. 14-050-023-X PHOTOGRAPH LICENSE FEE

Action 1.

A new rule, 46.77.24 entitled "Photograph License Fee" is adopted to read as follows:

Upon the issuance of a license with the licensee's photograph thereon, said licensee shall pay the Commissioner three ( $ 3.) dollars and shall return to the Commissioner his regular license.

History

• Effective Date: May 1, 1981 (Secretary of State Rule Log #81-23)
• Statutory Authority: 23 V.S.A., § 610b

Chapter 024 REGISTRATION OF MOTORBOATS AND REGATTAS, RACES, MARINE PARADES, TOURNAMENTS OR EXHIBITIONS

14-024 Code Vt. R. 14-050-024-X REGISTRATION OF MOTORBOATS AND REGATTAS, RACES, MARINE PARADES, TOURNAMENTS OR EXHIBITIONS

Section 1 Authorization

These rules are entitled and may be referred to as "Rules Governing the Registration of Motorboats and Regattas, Races, Marine Parades, Tournaments or Exhibitions" and have been adopted by the authority under provisions of 23 V.S.A. §§ 3316 and 3318.

Section 2 Numbering Requirements

The numbers issued pursuant to 23 V.S.A. §§ 3305 and 3307 shall:

(a) Consist of the symbols VT in capital letters identifying the State of Vermont followed by not more than four (4) Arabic numerals followed by not more than one (1) capital letter. The group of numerals appearing between letters shall be separated by a space. Example: VT 1234 A.

(b) Be painted on, or attached to each side of the bow of the vessel for which issued and shall read from left to right. They shall be in block characters of good proportion not less than 3 inches in height and shall be so placed as to provide clear legibility for surface identification. The characters shall be of a color which will contrast with the color of the hull, so as to be clearly legible, i.e., dark characters on a light hull, light characters on a dark hull.

It shall be the owner's responsibility to maintain registration characters in a legible condition at all times.

Metal or plastic characters may be used provided same are securely fastened on the vessel at all times. Decalcomanic characters are prohibited.

(c) No number other than the number issued shall be carried on the bow of such vessel.

(d) Numbering requirements shall apply to motorboats operated by dealers and manufacturers.

(1) The manufacturer(s) or dealer(s) may have the number(s) awarded printed upon or attached to a movable sign or signs to be temporarily, but firmly, mounted upon or attached to the boat being demonstrated or tested so long as the display meets the requirements of 23 V.S.A. § 3305(b).

Section 3 Application for Number

The owner of each motorboat requiring numbering by this state shall file an application for a number with the Department of Motor Vehicles on forms provided by the department.

A manufacturer or dealer may have any number of Certificates of Number awarded; provided, however, that upon the sale of any such vessel by said manufacturer or dealer, the new owner shall make application for a registration number in the manner provided for in these regulations.

Section 4 Transferring

Registration of a motorboat ends when the owner transfers title thereto to another. The former owner shall immediately return directly to the Commissioner of Motor Vehicles registration certificate previously assigned to the transferred motorboat with the date of transfer and the name and address of the new owner endorsed on the back of the registration certificate. If new owner wishes to retain the registration number on motorboat purchased, the applicant must complete a new application and return with fee to the Department of Motor Vehicles.

Section 5 Proof of Payment of Tax

(a) 23 V.S.A. § 3322 provides that:

"No license, permit, registration or similar authorization to own or operate any motorboat shall be issued under this chapter until proof of payment of or exemption from the tax imposed by 32 V.S.A. Chapter 233 has been established in the manner prescribed by the Commissioner of Taxes".

(b) Appropriate use tax returns (Vermont Department of Taxes Form S4-B) are available from:

(1) Vermont Department of Taxes

109 State Street

Montpelier, Vermont 05602

(2) Vermont Department of Motor Vehicles

120 State Street

Montpelier, Vermont 05603-0001

Section 6 Period of Validity

All Certificates of Number awarded shall continue in full force and effect for one year from the first day of the month of issue. All Certificates of Number awarded to a dealer or manufacturer shall expire at the same time the dealer license expires.

Section 7 Renewal Requirements

Application for renewal of number and payment of renewal fee shall be made to the Department of Motor Vehicles and the same number will be issued upon proper renewal.

Section 8 Validation Stickers

Two validating stickers, supplied by the Department of Motor Vehicles, indicating registration year, will be attached as follows:

(a) Port side ahead of the registration number.

(b) Starboard side to the rear of the registration number.

EXAMPLE:

PORT SIDE: 76 VT 1234 A

STARBOARD SIDE: VT 1234 A 76

Section 9 Temporary numbers

Temporary number (plates) may be obtained by manufacturers and dealers for a fee as established in Title 23 § 3305(j). Numbers so issued will bear the date of issue and name and address of the manufacturer or dealer issuing same. The dealer or manufacturer will also complete and detach the temporary plate stub and forward same, within 72 hours to the Department of Motor Vehicles. Temporary (plates) numbers are valid for 60 days from date of issue. The dealer or manufacturer shall also require the purchaser receiving temporary number plates to complete a registration certificate application and pay the appropriate fee. The dealer or manufacturer shall, within 72 hours of receipt thereof, forward both the purchaser's application and fee to the Department of Motor Vehicles.

A dealer will not issue more than one 60 day temporary plate for the same transaction unless authorized by the department.

Section 10 Acquiring Vessel After Initial Registration Period

Every owner acquiring a motorboat shall, before using such vessel on the waters of this state, make application for number to the Department of Motor Vehicles, in the same manner as provided for in the initial registration application (see item (3) above). Nothing herein contained shall be construed to authorize the use of any unregistered motorboat upon the waters of the state without the Certificate of Number and unless the number is painted on or attached to the vessel.

Section 11 Accident Reporting

(a) Whenever death or injury to a person or property damage in excess of one hundred dollars ($ 100.00) results from a boating accident, written report shall be submitted within thirty-six (36) hours.

(b) The operator(s) of the boat(s) shall submit written reports to the Department of Motor Vehicles, Montpelier, Vermont on the form prescribed by the Commissioner.

Section 12 Motorboat Equipment

(a) Motorboats operated on interstate or international waters which have heretofore been under the jurisdiction of the United States Coast Guard must have lights and other safety equipment as required by the Coast Guard Rules and Regulations.

(b) Motorboats being operated on interstate or inland waters of Vermont need have only the equipment as specified in 23 V.S.A. § 3306.

Section 13 Regattas, Races, Marine Parades, Tournaments or Exhibitions

Whenever a regatta, race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall file an application with the Department of Public Safety, at least fifteen (15) days prior thereto, for permission to hold such regatta, race, marine parade, tournament or exhibition.

The application shall set forth the date, time and location where it is proposed to hold such regatta, race, marine parade, tournament or exhibition it shall not be conducted without authorization of the Department of Public Safety.

History

• Effective Date: January 25, 1985
• AMENDED: March 15, 1996 (Secretary of State Rule Log #96-21)
• March 20, 1998 (Secretary of State Rule Log #98-12)
• Statutory Authority: 23 V.S.A. §§ 3316 and 3318

Chapter 025 DMV RULE NO. 16 - REGISTRATION PLATES

14-025 Code Vt. R. 14-050-025-X DMV RULE NO. 16 - REGISTRATION PLATES

Section I Special Plates

(a) Special number plates marked with initials, letters or combination of numerals and letters (vanity plates) are available for all number plate types except U. S. House and U. S. Senate, State House and State Senate, State Speaker, zone, safety organizations, service organizations, Veterans, Pearl Harbor, Purple Heart, former prisoner of war (POW), vehicles registered under the International Registration Plan (IRP), Amateur Radio Operator, snowmobiles and boats.

(b) There are seven (7) spaces on Vermont plates and the applicant may request any combination of letters and numbers with the following exceptions:

(1) No more than two (2) numbers allowed in combination with letters. The department considers an "O" as a zero except that special Amateur Radio Operator plates may be issued with one (1) zero (0), slashed as a number and any number of "O's" (oceans) as required up to a maximum total of six (6) characters.

(2) No dots, dashes, hyphens, apostrophes, ampersands, or number signs are allowed on special plates. Only letters, numbers, or spaces are allowable. A special plate must begin with a letter, or number, or space. No special plate may begin with "Z".

(3) When a plate is issued that contains the letter "I" the department will not issue the same combination of letters with a number "1" in place of the "I". For example: "EIEIO" and "EIEIO".

(4) The small letter "c" is allowed on special plates as long as the plate does not begin or end with this letter. Exception: It may not be issued for small trailers, motorcycles, mopeds or ATV's.

(5) Antique and exhibit vehicle special plates are limited to 4 characters which cannot consist of one alpha and two numeric or one alpha and three numeric.

(6) State plates are limited to 5 characters.

(7) Vehicle registration plates smaller than 6" x 12" in size, which can only accommodate 6 characters/spaces.

(c) A special (vanity) plate may be issued to each series of plate types, for example, as a pleasure car plate and also as a truck plate if it displays a "TRK" designation on the left edge of the plate or any other plate type except those listed in (a) above.

(d) Special plates are available for vehicles qualifying for disabled plates (wheelchair symbol). Up to a maximum of five (5) spaces are allowed since the wheelchair symbol takes up one and one-half spaces. If the plate has been issued for a regular plate the department will not issue it as a disabled plate also, unless the registrant has a change of status and surrenders the previous special plate.

(e) To retain the same initial or letters each year, the application and fee must be received by the department within 60 days after expiration.

(f) The primary purpose of motor vehicle registration plates is to identify motor vehicles. The special plate is a nonpublic forum. Nothing in the issuance of a special plate creates a designated or limited public forum. All new applications for special plates will be carefully reviewed and will be issued only when it has been established within reasonable means that the requested number or letters and/or combination of letters, numerals, and spaces are appropriate for display on a motor vehicle. The following is a non-exhaustive list of combinations that will not be issued:

(1) Combination of letters, or numbers with any connotation, in any language, that is vulgar, derogatory, profane, scatological or obscene;

(2) Combinations of letters, or numbers that connote, in any language, breast, genitalia, pubic area, or buttocks or relate to sexual or eliminatory functions. Additionally, "69" formats are prohibited unless used in combination with the vehicle make, for example, "69 CHEV";

(3) Combinations of letters, or numbers that connote, in any language:

(i) any illicit drug, narcotic, intoxicant, or related paraphernalia;

(ii) the sale, the user, or the purveyor of such a substance; or

(iii) the physiological state produced by such a substance;

(4) Combination of letters, or numbers that refer, in any language, to a race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation; provided, however, the commissioner shall not refuse a combination of letters or numbers that is a generally accepted reference to a race or ethnic heritage (for example, IRISH);

(5) Combinations of letters, or numbers that suggest, in any language, a government or governmental agency;

(6) Combinations of letters or numbers that suggest, in any language, a privilege not given by law in this state;

(7) Combinations of letters or numbers that form, in any language, a slang term, abbreviation, phonetic spelling or mirror image of a word described in (1) through (6).

An applicant whose request for a specific combination has been denied will receive written notice of the denial, the basis for the denial.

(g) If a special plate has been issued that is found to be described in (1) through (7) above that plate may be revoked. The registrant will be issued written notice of the revocation. The notice shall be made in the same manner as license or registration suspensions or revocations set forth in 23 V.S.A. § 204, and shall include the right to a pre-revocation hearing. When a special plate is revoked pursuant to this section, the registrant may select a different, appropriate special plate at no extra cost or may select a regular plate and receive a refund of the special plate fee.

Section II Special "Safety Organization" and "Service Organization" Plates

(a) The Safety Organization and Service Organization plates approved by the Commissioner shall contain a symbol or logo occupying not more than two (2) characters of the (7) character spaces on the plates.

(b) Each safety organization and service organization shall designate a single appropriate official of the organization as the contact for the Department and the authority for the issuance of the plates to members.

(c) Each organization will be responsible for notifying the Department of Motor Vehicles when an individual's membership in a qualifying organization ceases or is terminated. The individual shall surrender any special registration plates issued by the Department and shall be so notified by the organization and the Department.

(d) Each applicant for special safety organization and service organization plates shall provide a written statement in a form approved by the Commissioner from the appropriate official of the organization authorizing the Department to issue the plates or shall provide other written authorization approved by the Commissioner.

(e) The name of the authorized organization member must appear on the registration of the vehicle to receive the special plates or the plates cannot be issued.

(f) Each type of special safety organization or service organization plate shall be issued with a numbering series to be determined by the Commissioner. Exception: Vermont Amateur Radio Operator license plates shall be issued with the registrant's FCC Call Sign as the license plate number.

(g) A vehicle may only be registered with one plate type.

For example, a disabled plate cannot also have the conservation plate or any other plate type symbol on it. A Veteran plate cannot also have the Pearl Harbor etc. symbol on it. A Veteran plate cannot have the conservation plate etc. symbol on it and a service or safety organization cannot also have the Veteran or POW etc. plate symbol or any other specifically designated plate type symbol on it.

Section III Manner of Display

Consistent with the provisions of 23 V.S.A. § 511 which describes the manner of displaying number plates issued by the Commissioner, all such number plate(s), whether displayed on the front or rear of a vehicle operated on the highway, shall be displayed (attached) to the vehicle in the position designated and provided by the manufacturer.

Section IV Number of Plates

Two registration plates are issued to and must be displayed by all registered vehicles except for the following types of vehicles for which one plate is issued:

-- Trailers

-- New car dealers

-- Finance car dealers

-- Farm machinery dealers

-- Trailer dealers

-- All-terrain vehicle dealers

-- Motorcycles

-- All-terrain vehicles

-- Antique vehicles

-- Contractors' trailers

-- Used car dealers

-- Auction car dealers

-- Highway building equipment dealers

-- Motorcycle/moped dealers

-- Transporters

-- Mopeds

-- Exhibition vehicles

-- Zone

History

• EFFECTIVE DATE: May 3, 1990 Secretary of State Rule Log #90-16
• AMENDED: June 12, 2000 Secretary of State Rule Log #00-31; September 20, 2007 Secretary of State Rule Log #07-036
• STATUTORY AUTHORITY: 23 V.S.A. §§ 304, 511

Chapter 027 REGISTRATION AND OPERATION OF SNOWMOBILES, AND VAST SNOWMOBILE REGISTRATIONS

14-027 Code Vt. R. 14-050-027-X REGISTRATION AND OPERATION OF SNOWMOBILES, AND VAST SNOWMOBILE REGISTRATIONS

Section I Registration

(1) Definitions.

(a) "Registration Decal" means the decal issued by the Department of Motor Vehicles as a unique identifier for each snowmobile.

(b) "S sticker" means the temporary validation sticker issued to indicate the snowmobile registration has been renewed pending receipt of the permanent validation sticker.

(2) Registration Application or Renewal.

(a) Annually on or before September 1, the owner of each snowmobile required to be registered by this state shall file an application for registration with the Department of Motor Vehicles or authorized agents, on forms printed by the Department. Owners of snowmobiles registered the previous year must complete and return to the Department or authorized agents, a renewal registration notice furnished by the Department. Each registration application or renewal notice must be accompanied by the statutory fee. Upon receipt of an application in approved form, the Department shall issue a registration certificate stating the number issued to the snowmobile and the name and address of the owner.

Duplicate registration certificates may be obtained upon payment of the statutory fee.

The registration certificate shall be available at all times for inspection on the snowmobile for which issued or on the person of the operator.

(b) Registrations issued or renewed after May 1 shall become effective the following August and will expire August 31 of the following year.

(c) Any person engaged in the manufacture or sale of snowmobiles in the State of Vermont shall make application to the Department of Motor Vehicles for manufacturers' and dealers' registration certificate(s) and identifying number plate(s) upon prescribed forms.

(d) Manufacturers' and dealers' registration certificates expire on the day prior to the beginning of the next ensuing registration year. All number plates previously issued shall be returned to the Department of Motor Vehicles within 72 hours thereof unless the completed renewal of registration certificate(s) has (have) been returned to the Department with the proper fee.

(3) Number and Plate Display Requirements.

Registration numbers, plates or other identification issued or authorized by the Department of Motor Vehicles shall:

(a) Consist of not more than five (5) Arabic numbers and letters. A registration decal, supplied by the Department of Motor Vehicles indicating the registration year, will be attached to the left of the snowmobile on the cowling; windshield or what is commonly referred to as the "tunnel". On plates and registration decals, the validating sticker will be attached in the space provided.

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(b) Be mounted on the front cowling of the snowmobile if a temporary plate is issued by a manufacturer or dealer.

(c) Be identified by the name and seal of the agency mounted on the front cowling if owned by a federal, state or municipal agency and used for official purposes.

Section II Designation of Lands and Trails for Use by Snowmobiles; Approved Headgear for Operation

(1) Definitions.

(a) "Owner" means a person who has a legal interest in land and has the authority, power or right to permit or invite others to enter upon such land or exclude others from entering thereon and includes the State of Vermont;

(b) "Private Land" means real property owned or controlled by a person or persons other than the State of Vermont or any department, agency or subdivision of the state.

(2) Designation of Private and Public Lands for Use by Snowmobiles.

(a) Except in the case where the operator of a snowmobile (i) is the owner, or member of the immediate family of the owner of private land or (ii) has, on their person, the written consent of the owner or lessee of private land to operate a snowmobile in the specific area in which the operator is operating, or proof of membership of a club or association to which such consent has been given orally or in writing, no person shall enter upon the land of another, whether private or public, provided however, the owner of land may designate such land for snowmobiling by the general public by posting in accordance with these regulations.

(b) If the owner of land designates land for use by snowmobiles, such owner may designate the point or points of entry and trails therein for the purpose of snowmobiling by proper posting. In such event, no person shall enter or travel within such land excepting at points of entry and on trails so designated.

(3) Manner of Designation.

(a) An owner of land may designate land for snowmobiling by posting an approved sign adjacent to those points intended to be used for access to the land. Signs shall be diamond-shaped, 11 inches high and 11 inches wide, orange in color with a black silhouette of a snowmobile and operator entered thereon or any other signs which give reasonable notice that snowmobiles may enter upon such land.

(b) Trails: An owner of land may designate snowmobile trails on land with standard trail signs approved by the International Snowmobile Congress as described below or any other signs which give reasonable notice a trail has been designated:

(1) Cautionary signs used at intersections of trails with other trails and/or plowed roads, resemble standard highway signs. The STOP sign is red, octagonal in shape, 12 inches wide and 12 inches high, with the word STOP centered thereon in large white letters. Caution signs are yellow, diamond-shaped, with sides 12 inches long. Centered thereon, in black, shall be the appropriate symbols for intersections, crossroads and hazards.

(2) Trail blazers are orange or green, diamond-shaped markers, 5 inches wide and 7 inches high, used to identify the trail route and assure the user is on the trail.

(3) Directional signs are orange, diamond-shaped, 9 inches wide and 12 inches high, with a black directional arrow centered thereon, used to indicate changes in trail direction.

(4) Information signs are specialized signs for marking points of interest, entrances and giving control and distance information. Such signs may be designated by the owner.

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In all cases an owner electing to designate point or points of entry to property and snowmobile trails thereon shall place signs at such point or points of entry in such a manner and at such intervals along trails that a person entering and traveling thereon will have reasonable notice that they are in fact entering at a designated point and traveling on a designated trail. Unless proved otherwise, posting of trail signs as provided for in this section at intervals of not more than 1,000 feet shall be deemed adequate notice that the owner has designated a trail or trails within the property to which travel by snowmobile is intended to be restricted.

(5) Designation of Public Lands-Agency of Natural Resources.

After due notice and public hearing the Agency of Natural Resources (Secretary) may designate public land and trails thereon for use by snowmobiles in accordance with Sections II and III of these regulations; provided however, if the Secretary thereafter finds that use of any lands and trails so designated is causing undue adverse impact on the environment or on the health, safety and welfare of the public, the Secretary may close all or portions of such lands and trails for a period not to exceed thirty (30) days and thereafter only upon due notice and public hearing.

(6) Criteria for Designation of Lands and Trails.

(a) Private Lands: Although not required, owners of private land electing to designate such lands and trails thereon for use by snowmobiles are encouraged to apply the same general standards in so doing as are to be applied by the Secretary. For this purpose any owner may request assistance and advice from the Secretary.

(b) Public Land: In evaluating a proposal to designate public lands or trails thereon for use by snowmobiles, the Secretary shall apply the following criteria:

(1) Trails shall be located to minimize damage to soil, watershed, vegetation or other resources of the public lands and to the greatest extent possible utilize existing roads, paths and rights-of-way.

(2) Trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitats.

(3) Trails and land shall be located to minimize conflicts between snowmobiles and other existing or proposed uses on the same or neighboring public and private lands and to ensure the compatibility of such uses with existing conditions in populated areas, taking into account noise and other factors. Excepting in unusual circumstances, no trail shall be located closer than 500 feet to an occupied dwelling or camp.

(4) Lands and trails shall not be designated where it is found that there are unique natural or wildlife values unless the Secretary affirmatively finds that these unique values will not be adversely affected.

(7) Special Use Permits-Public Lands.

There shall be no operation of snowmobiles on public lands whether designated for snowmobiles or not for the purpose of conducting organized races, rallies, meets, endurance contests and other similar events sponsored or held for other than general recreational purposes, unless a special use permit is applied for and issued by the Secretary. Applications for special use permits must be submitted no less than one (1) month in advance in order to allow sufficient time to assure that such use will not adversely affect the public land and the general public and to provide for the imposition of such conditions as the Secretary finds necessary to protect the public interest, including but not limited to posting of surety for rehabilitation of land or compensation for damage to it and property thereon. Special use permits may if necessary provide for no more than three alternative dates.

(8) Headgear.

A person may not operate or ride a snowmobile unless he or she properly wears protective headgear of a type that conforms to the Federal Motor Vehicle Safety Standards contained in 49 C.F.R. § 571.218 and any amendment or addition to the regulations that may be adopted by the U.S. Secretary of Transportation.

Section III VAST Snowmobile Registrations Records Required

(1) Documents and Decals.

(a) The Vermont Association of Snow Travelers (VAST) must maintain a log of of registration decals issued. It must be maintained for a period of three years at the VAST Headquarters.

(b) All registration decals must be accounted for by VAST. When a registration decal is voided, for whatever reason, the issuing agent must make note on the log sheet and return the voided decal.

(c) VAST must maintain a log of all registration decals and "S" stickers distributed to their Agents which shall include the date of distribution, agent's name and address, registration decal numbers and the number of "S" stickers distributed.

(d) VAST shall designate a custodian of documents who shall have primary responsibility for administration of documents. In the absence of the designated custodian, VAST shall have an ongoing duty to make such records available for inspection by any motor vehicle inspector or other agent of the Commissioner during reasonable business hours.

(2) Audits.

(a) All records must be made available for audit at the office of VAST Headquarters during normal business hours.

(b) An audit will be conducted at least annually by the DMV to insure compliance with the requirements set by the Commissioner.

(c) The annual audit will be conducted during the month of July. VAST shall have all unused registration decals and "S" stickers available for inspection. VAST will be notified of the results within 30 days.

(d) Any unaccounted for registration decals and "S" stickers will require payment of the applicable statutory registration fee at the time VAST is notified of the audit results.

(3) Fees.

(a) No fee will be charged by the Department of Motor Vehicles for registration decals and "S" stickers issued to VAST.

(b) VAST will be responsible for collecting all fees due at the time of issuance of registration decals and "S" stickers. If sales tax has been previously paid or the applicant is claiming a gift tax exemption, proof of such payment or gift must be retained by VAST and submitted with the application and appropriate fee to the Department of Motor Vehicles.

(c) Each registration application must include the legal residence of the registered owner.

(4) Agents.

(a) VAST must provide the Commissioner of Motor Vehicles with a list of authorized agents during the month of September of each year and any additions or deletions to that list as they occur during the year.

(b) To be eligible to issue registration decals and "S" stickers, agents must be members of VAST, in good standing, and their privilege is not suspended or revoked by DMV.

(c) All Agents must submit to VAST Headquarters the application for registration, proper supporting documents, and fees for residents and non-residents. VAST will be responsible for forwarding to DMV the original registration application accompanied by the supporting documents and fees within 16 calendar days of issuance by the Agent.

(d) VAST will be responsible and accountable for all registrations decals and "S" stickers assigned to it and to its Agents.

(e) VAST must file with the Commissioner of Motor Vehicles within 30 days of the adoption of these regulations and on or before July 1 of each consecutive year a set of procedures which detail how the agents of VAST will receive and process snowmobile registration applications, supporting documents and fees, including the issuance of registration decals and "S" stickers to residents and non-residents.

(5) Violations.

(1) The penalties may be assessed to either VAST or to the VAST Agent as applicable but in each incident, not to both.

(2) Repetitive errors in record keeping, completing the application, or tardiness in submitting the fees or documents will result in imposition of the penalties established below. Continued violations could result in the Agent's privilege to issue registrations decals and "S" stickers being suspended or revoked.

(3) Each violation is a separate and distinct offense regardless if received in the same package.

(6) Penalties.

(a) First offense: Written warning

(b) Second offense: $ 50.00 fine

(c) Third offense: $ 100.00 Fine

(d) Fourth and subsequent offense: $ 150.00

Penalties that remain unpaid for a period of more than 60 days will result in the agent's suspension until such time as the balance is paid in full.

(7) Snowmobile Registration Renewals.

VAST Agents may renew snowmobile registrations of Vermont residents and non-residents provided the applicant submits to the Agent the following:

(1) The proper fees; and,

(2) The pre-printed renewal notice for each machine to be renewed; or,

(3) A properly completed registration application and registration certificate for each machine to be renewed.

History

• STATUTORY AUTHORITY: 23 V.S.A. §§ 3204, 3206, 3208, 3219
• EFFECTIVE DATE: December 5, 1988 Secretary of State Rule Log #88-052
• AMENDED: March 2, 1998 Secretary of State Rule Log #98-008; July 1, 2005 Secretary of State Rule Log #05-022; May 4, 2016 Secretary of State Rule Log #16-012

Chapter 029 SPECIAL EXAMINATIONS

14-029 Code Vt. R. 14-050-029-X SPECIAL EXAMINATIONS

7 Special Examinations

(a) The written test contains twenty (20) questions. A passing grade is 80%. An oral examination will be given only to those persons who have difficulty in reading and writing English.

(b) The road test includes substantially the same standards as those in the original examination.

1. In the event of a failure, subsequent road tests must be taken within the prescribed time period in order to retain a valid license, or the license shall be suspended for a minimum of 6 months.

2. Within 30 days of the failed road test another must be taken. If failed, a third test must be taken within the following 30 days of the second failure. If a third test failure occurs, the operator's license shall be suspended for a minimum of 6 months.

3. No suspended license will be reinstated until the road test has been satisfactorily completed and passed.

(c) The eye test contains the same standards as those in the original examination.

(d) A personality inventory. Optional. If court ordered or operating record reveals a possibility of need for psychological review.

History

• Effective Date: March 19, 1989 (SOS Rule Log #89-4)

Chapter 030 STANDARDS FOR DRIVER REHABILITATION SCHOOLS AND ALCOHOLTHERAPY PROGRAM

14-030 Code Vt. R. 14-050-030-X STANDARDS FOR DRIVER REHABILITATION SCHOOLS AND ALCOHOLTHERAPY PROGRAM

Section I

The Department of Motor Vehicles (DMV) is the licensing agency. All questions related to license reinstatement or insurance must be addressed to the Department of Motor Vehicles, Driver Improvement Division, Montpelier, Vermont 05603. Telephone Number (802) 828-2050.

Section II

To be relicensed by the DMV after being convicted for Operating While Under the Influence, an individual must meet the requirements herein specified and any other requirements imposed by DMV for other violations, if any These same requirements apply to an individual found by the court to have been unreasonable in his refusal to submit to a chemical test to determine the alcoholic content of his blood.

Section III

Project CRASH, a program of the Office of Alcohol and Drug Abuse Programs, is designated by the Secretary of the Agency of Human Services to operate the Driver Rehabilitation Schools (CRASH Schools) and to supervise the Alcohol Therapy of those convicted of Operating While Under the Influence, is responsible for the certification of completion of school or therapy, and is responsible for the content and curriculum and schedules of the schools.

Section IV

CRASH School fees will be used by Project CRASH to cover the cost of operating the CRASH Program - including costs of school staff, space, materials, supplies, equipment and administrative supervision of the schools - and the Alcohol Assessment Screening Program The fees for the CRASH courses will be set accordingly and within the guidelines established by statute Current fees are as follows First Offenders Course - $ 16500, Multiple Offenders Course - $ 17500 The CRASH School fee must be paid, by check or money order, to Project CRASH at the time of registration for the school If a person fails to complete the initial course for which he/she is registered the fee will be applied to a second registration Failure to complete the second or subsequent courses for the same offense will result in forfeiture of the fee.

Section V

The objectives of the CRASH School are

A. To inform participants of the extent and seriousness of alcohol impairment and some of the consequences of becoming under the influence.

B. To provide participants with the opportunity to examine their own drinking behavior.

C. To inform participants of the sources available to assist them in changing their drinking behavior as appropriate.

The CRASH alcohol education program has been designed to provide participants with information to help them understand clearly how alcohol affects behavior as well as driving skills so that they can prevent trouble in the future. Through lecture, reading materials, films and small group discussions, participants have the opportunity, along with others, to openly and frankly examine facts about alcohol and discuss the role alcohol plays in their life. There are two tracks within each CRASH School. Track I is for first offenders. Track II is for multiple offenders. Other persons who are mandated to attend the CRASH School will be placed in one of these tracks based upon their needs as determined by the CRASH School Manager. The CRASH School is open to anyone who wishes basic facts about alcohol and we strongly urge spouses, friends, or relatives to attend. Local CRASH School Managers will determine costs for these participants within guidelines set by the Director of Project CRASH.

Section VI

A "CRASH" School Completion Requirements

1. Attendance at the four consecutive sessions of a school and a one hour individual interview. An unexcused absence at any session will require dropping out and starting over in a new school. In extremely rare cases, absences for emergencies may be permitted, if arranged in advance.

2. Being in class on time. All classes start at 6:30 p.m.

Coming to class alcohol and drug free. (It has been shown that people under the influence do not learn.) Intoxicated persons will be dropped from the course and will need to start over again.

4. Attending and participating in all the small group sessions.

5. Attending the one hour counseling session, which includes designing, with the school counselor, a responsible drinking/therapy plan.

6. Completing all written exercises and passing the final exam.

NOTE: Help will be provided for those with reading, language, or hearing problems.

B. Certification Procedures

1. A certificate of completion will be issued for each student satisfactorily completing the school. (Attachment I)

2. The certificate will be issued in duplicate, with the original going to the student at the completion of the counseling interview and the duplicate to Project CRASH, who in turn will forward it to the DMV. Counseling interviews are to be scheduled no later than 30 days following the 4th class. Failure to do so will result in having to repeat the school.

Certificates will be signed by the CRASH School Counselor.

4. The DMV will accept either the original or duplicate as certification of the satisfactory completion of the driver rehabilitation program.

Section VII

A. Alcohol and Drug Therapy Completion Requirements

All persons who require alcohol or drug therapy as a condition of Driver License Reinstatement must be referred to a state-owned or state-approved alcohol/drug treatment provider. If for any reason a person wishes to change therapists during the course of treatment, such a change must be approved by the CRASH School Counselor and only upon consultation with the original therapist. Out-of-state programs may be used, if comparable to Vermont's and prior approval is given by the CRASH School Counselor. As stated in Law the DWI must complete, at his/her own expense, a "therapy program agreed to by the individual and the driver rehabilitation program counselor." The following conditions must be met:

an intake assessment will be done and a treatment record will be initiated.

2. an individualized treatment plan will be designed by the treatment provider and agreed to by the individual as stated in law.

3. a minimum of 20 treatment sessions over a 6 month period is required. Inpatient treatment is acceptable, however, an aftercare program must be designed and completed over no less than a 6 month period.

4. completion of the Alcohol and Drug Treatment Program will be determined by the treatment provider and the CRASH School Counselor. A list of local approved alcohol treatment resources will be provided to each participant. The participants will be encouraged to contact the treatment providers to gain information which will help them to make a good decision, along with the CRASH School Counselor, about their treatment options. If the client and the treatment provider do not agree, an appeal may be made to the ADAP treatment director. The following services are acceptable components of treatment:

a. detox in conjunction with a drug and alcohol treatment plan.

b. residential treatment with an aftercare plan.

c. outpatient counseling.

d. group counseling at an alcohol and drug facility, a VADACA-certified alcohol counselor or private alcohol and drug treatment providers if approved by OADAP.

e. AA in conjunction with treatment at an approved program.

f. family counseling if part of a treatment plan.

Other services that are considered appropriate as part of an approved treatment plan include:

g. job counseling and training.

h. medical supervision for health problems, including chemotherapy.

i. occupational training.

j. vocational rehabilitation.

Upon completion of the therapy, and after satisfactory arrangements have been made for payment of the therapy, a completion letter will be sent to the CRASH School Counselor for approval.

B. Certification Procedure

The CRASH School Counselor, in conjunction with the individual's therapist, will be responsible for determining when the person has completed his/her therapy program and will so notify Project CRASH by letter, who in turn will notify the Commissioner of Motor Vehicles.

Section VIII Abstinence

A. An individual wishing to be relicensed according to VSA 23-1208 (3) or 23-1205 (f) may apply to the CRASH School Counselor and to the Commissioner of Motor Vehicles. In an interview with the CRASH School Counselor, for which he/she will be charged at established clinic rates, he/she will produce credible evidence of two years of total abstinence from consumption of alcohol. If in the interview the alcohol counselor finds reasonable grounds for accepting the two years of abstinence, he/she will so advise Project CRASH by letter, who will in turn advise the DMV by letter for further DMV review and action by the Commissioner.

B. Preponderance of credible evidence will include, as a minimum:

1. Sworn statement in writing by the individual of complete abstinence from the use of all alcoholic beverages during the preceding two years.

2. Notarized statements from four credible individuals supporting the sworn statement, including a statement obtained from a qualified alcoholism counselor with whom the individual has received therapy during the period of abstinence. Other individuals could be a spouse or other adult family member; an active AA member; the individual's physician; an employer or business associate; a clergyman; friend who is reasonably familiar with the life style of the individual; the Chief Law Enforcement Officer in the area where the individual resides.

These statements should include reference to:

a. length of acquaintance with the applicant.

b. type and frequency of contact.

c. person's belief that applicant has been abstinent from alcohol for a period of 2 years.

d. conditions, behaviors, changes, etc. which give rise to those beliefs.

Section IX Schedules and Registration

A. CRASH Schools are operated on a regular schedule in several locations throughout the State. Schedules are issued semi-annually, and are available at all District Courts, all CRASH School locations, and at the Project CRASH office. Approximately 115 school series are operated annually. Sites and schedules are adjusted to meet student load and to provide accessibility with minimum driving from any location.

B. Each district court is provided an informational package describing CRASH School requirements, schedules, etc., to hand or mail, at the time of conviction, to each person required to attend a school.

C. Each person who wishes to attend a CRASH School must fill out a preregistration form to provide name, address, etc. This sheet is forwarded, with the registration fee, to Project CRASH to develop rosters and to add motor vehicle records and BAC levels. They are then returned to local CRASH Schools for use in planning for the course and to use with the person in the counseling interview.

Section X Records

Project CRASH maintains individual records of public information only, such as: attendance at school, completion of requirements. No clinical data is received or filed.

History

• Effective Date: August 5, 1986 (SOS Rule Log #86-34)

Chapter 031 SUSPENSION PROCEDURES, OFFICIAL INSPECTION STATIONS

14-031 Code Vt. R. 14-050-031-X SUSPENSION PROCEDURES, OFFICIAL INSPECTION STATIONS

Action 1

A new rule number 46.77.21 entitled "Procedures for Rescinding Designation of Official Inspection Stations", is adopted to read as follows:

The designation by the Commissioner of an inspection station in Vermont may be rescinded for cause subject to the following procedures.

A motor vehicle inspector shall, after completion of an investigation, submit a report to the Chief Inspector for review. The Chief Inspector shall recommend, based on the facts presented in the investigation report, the following:

1. If there is sufficient cause to rescind the designation.

2. The time period the rescinding notice should remain in effect.

These recommendations, along with a copy of the investigation report shall be forwarded through the Director of Field Services to the Commissioner of Motor Vehicles for review.

The Commissioner, if satisfied there is sufficient cause for rescinding the designation of an inspection station shall issue a notice rescinding that station's designation and shall determine the period.

The rescinding notice will become effective within 10 (ten) days of receipt or immediately in emergency conditions. The owner/agent of the inspection station shall be afforded a hearing before the Commissioner or his agent, provided a written request for hearing is received within 10(ten) days from the effective date of the notice rescinding such designation.

On the effective date the district inspector will pick up the following applicable items; any inspection stickers and official inspection certificate from the station whose designation has been rescinded.

Any infraction or violation of the inspection regulation procedures (as found in the inspection manual) are cause for the Commissioner to rescind that station's designation and these include but are not limited to the following:

Failure to inspect vehicle in approved inspection area. (Area not approved on station application.)

Faioure to aim headlamps with an approved headlamp aiming device.

Inspecting vehicle without required equipment (lights, flags and flares, mud flaps, or other standard equipment required by law or regulation.)

Inspecting vehicle with defective equipment. (Holes in floor or trunk, steering and suspension components, brake components, lights, wipers, glass).

Not maintaining proper inspection records and/or returning inspection material.

Failure to comply with any other law or regulation pertaining to the inspection of motor vehicles.Statutory Authoriy: 23 V.S.A. § 1001

History

• Effective Date: October 29, 1981 (SOS Rule Log #81-68)

Chapter 032 RULES PERTAINING TO REASONABLE ACCESS -STAA VEHILCES, SAFETY AND ENGINEERING ANALYSIS

14-032 Code Vt. R. 14-050-032-X RULES PERTAINING TO REASONABLE ACCESS -STAA VEHILCES, SAFETY AND ENGINEERING ANALYSIS

I Definitions

For the purposes of these regulations:

(A) "Commissioner" means the Commissioner of Motor Vehicles or any officer or employee of the department duly authorized by him/her to perform the functions herein mentioned or described;

(B) "National Network" means the Interstate Highways in Vermont and those Federal-aid Primary System highways in Vermont designated by the Secretary, United States Department of Transportation and the Vermont Secretary of Transportation and set forth in 23 C.F.R. Part 658, Appendix A.

(C) "Tractor" means a motor vehicle designed or used primarily as a traveling power plant or for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn; except that a tractor-semitrailer combination engaged in the transportation of automobiles may transport motor vehicles on part of the power unit;

(D) "Tandem trailers" means two twenty-eight foot (28') trailers in a tractor-semitrailer-trailer combination;

(E) "Terminal" shall mean any location where:

(1) Freight either originates, terminates, or is handled in the transportation process; or

(2) Commercial motor carriers maintain operating facilities.

(F) "Interstate Highways" mean the National System of Interstate and Defense Highways and includes the ramps thereto;

(G) "Long Stinger" means a tractor-semitrailer combination engaged in the transportation of automobiles and having provision for transporting motor vehicles on part of the power unit;

(H) "Reasonable access" means passage between the National Network and terminals, facilities for food, fuel, repairs and rest and points of loading and unloading by STAA vehicles;

(I) "Secretary" means the Secretary of Transportation of the State of Vermont as appointed pursuant to 19 V.S.A. § 7, or any officer or employee of the Agency duly authorized by him/her to perform the functions herein mentioned or described.

(J) "STAA Vehicle" means tandem trailers up to 28 feet long each, "long stingers," and semitrailers 48 feet long and under, including household goods carriers, allowed to travel on the National Network but not generally on Vermont public highways without special permission.

Unless otherwise clear in context, other words shall have the same meaning as in 23 V.S.A. § 4 and 23 C.F.R. § 658.5.

II Route Approval Required

Except as otherwise provided herein or by Vermont Statutes, reasonable access is allowed only on those public highways in Vermont, or portions thereof, for which approval has been issued by the Secretary. When a public highway, or portion thereof, is approved for reasonable access for a particular STAA vehicle configuration, it shall be available for reasonable access to all vehicles of that configuration until such time as the approval is revoked.

III General Provisions

(A) Applications. All applications for reasonable access routes on public highways shall be made by owners or operators of STAA vehicles and shall be submitted to the Commercial Vehicle Operations Section, Vermont Department of Motor Vehicles, Montpelier, Vermont 05603-0001 on forms prescribed for that purpose. Applications may be made and accepted by any other means as determined by the Commissioner;

(B) Compliance with laws. By utilizing a reasonable access route allowed under these regulations, all owners and operators agree that the STAA vehicle can and will be operated in strict compliance with the law, that the operator and vehicle are properly licensed and that all legal requirements concerning operation authority imposed by any government regulatory agency having jurisdiction have been satisfied;

(C) Responsibility. All owners and operators utilizing a reasonable access route shall assume all responsibility for injury to persons or damage to public or private property caused by the operation of their vehicle. Further, they agree to hold harmless the State of Vermont, the Agency of Transportation, the Department of Motor Vehicles, the Secretary and the Commissioner from all suits, claims, damages or proceedings of any kind resulting from the operation of their STAA vehicle on a reasonable access route.

(D) Suspension for unsafe conditions. All STAA vehicle travel on reasonable access routes, or part thereof, shall be suspended when highway conditions are unsafe or when ordered by a law enforcement officer for cause based on unsafe conditions.

IV Approval Issued

Approval for a reasonable access route may be issued after application of any owner or operator of an STAA vehicle wishing to utilize a specific route for reasonable access.

V Routing Restrictions and Waivers

(A) Each approval shall designate a route which may be traveled in whole or in part by STAA vehicles. Approvals may contain special restrictions.

(B) Upon receipt of a request for a reasonable access route the Agency shall perform analyses as follows:

(1) The proposed route will be examined for continuity and for applicability of these regulations to the proposed route.

(2) The sufficiency rating of all segments of the proposed route will be identified.

(3) Accident data for all segments of the proposed route will be assembled.

(4) Traffic volume data for the route will be tabulated.

(5) Geometric data for the proposed route will be determined.

(6) An analysis of the proposed access route by application of vehicle templates to available plans of the proposed route.

(C) Determination.

Using the information and data from V (B) above, the proposed reasonable access route will be examined.

(1) Safety Criteria.

A recommendation for approval or denial of the reasonable access route request will be made as follows:

(a) Approval will be recommended if there are no high accident locations and there are no segments on the proposed route with a sufficiency rating below 40.

(b) Further, approval will be recommended if analysis of any high accident locations shows that there has not been a high incidence of tractor-trailer and/or applicable STAA vehicle involvement in accidents at those locations.

(2) Application of Vehicle Templates to Plans.

A recommendation for approval, approval with restrictions, or denial of a reasonable access route will be made on the basis of application of vehicle templates to available plans of the proposed route.

(3) Approval or Denial; Test Vehicle Operation.

(a) Reasonable Access Routes will either be approved or denied based upon the analyses from (1) and (2) above. Routes which are not continuous or which are not for reasonable access will be denied.

(b) When plans of all of the proposed route are available, application of vehicle templates to the proposed route shall be determinitive.

(c) When plans of only some of the proposed route are available and templating alone is insufficient to approve or deny a proposed route, the applicant will be afforded an opportunity to provide for test vehicle operation over the portion(s) of the proposed route for which plans are not available.

(i) Test vehicle operation, including videotaping the entire test run from at least a trailing vehicle directly behind the test vehicle, shall be arranged and organized by the Agency. The Agency shall consult with the applicant, who shall cooperate with the Agency.

(ii) The cost of providing the vehicle, driver, and any other applicant personnel will be the responsibility of the applicant.

(iii) The cost of the videotaping organized by the Agency--including the cost of one vehicle, its operator, video equipment and its operator--shall be shared evenly by the Agency and the applicant. If reasonably possible, the applicant's estimated share shall be billed and paid prior to the test run.

(iv) The Agency shall be responsible for analyzing all data resulting from the videotaping of the test run as set out above.

(v) Any additional videotaping of the test run or production of other test data, and the analysis thereof, shall be the responsibility of and at the expense of the applicant.

(d) Opportunity for test vehicle operation shall be subject to the following timetable:

(i) Upon analysis of the application of vehicle templating when templating alone is not sufficient to approve or deny a route, the applicant shall be afforded the opportunity for a test vehicle operation. The applicant shall make such request in writing to the Secretary within 30 days of initial denial. Unless the Secretary has 10 business days to analyze the test vehicle operation videotapes and data before the 90 days under VI below have expired, for the purpose of Paragraph VI below a request for test vehicle operation is considered a new and separate application.

(ii) The Agency shall be responsible for organizing and making all arrangements for the test vehicle operation in accordance with the requirements set out in Paragraphs V(C) (3) (c) and (d).

(iii) Except as provided in Paragraph (i) directly above, completion of the test vehicle operation and presentation of the unedited videotapes and other information resulting from the test vehicle operation shall be presented to the Secretary within 60 days of the request for test vehicle operation. Failure to timely submit the tapes will be sufficient reason for denial.

(D) In any case, presence of any roadway or roadside condition(s) which is (are) deemed to make operation of vehicles of the configuration for which reasonable access is requested either hazardous or otherwise undesirable, may result in route denial.

(1) Analysis of the test vehicle operation records indicating safety or engineering criteria problems can be cause for denial of a reasonable access route.

(2) A recommendation for approving a reasonable access route based on vehicle templating and/or test vehicle operation, coupled with a recommendation for denial on the basis of safety, will be approved if the incidence of tractor-trailer and applicable STAA vehicle accident involvement is judged to be low and the projected volume of STAA vehicles is low. In such instances high accident experience of tractor-trailers, high accident experience for the applicable STAA vehicle, or high projected STAA vehicle volume shall be sufficient cause for denial.

(3) Once a route is analyzed and approved for a particular configuration of STAA vehicle, all reasonable access by vehicles of the same configuration over the same route is allowed unless and until safety problems involving tractor-trailer and/or STAA vehicles develop.

(E) The Secretary, on his/her own initiative, reserves the right to grant waivers when in his/her judgment the criteria being waived will not jeopardize the safety of the public.

VI 90 Day Review Period

If a reasonable access route request, properly completed, is not acted upon within 90 days of initial receipt by the Commercial Vehicle Operations Section, the reasonable access route requested is automatically granted.

VII One (1) Mile Rule

Reasonable access within one (1) road-mile from the National Network using the most reasonable and practicable route is hereby granted except where limited by the Secretary for specific safety reasons on individual routes.

VIII List, Map, or Other Description of Reasonable Access Routes

The Secretary shall provide a list, map, and/or other depiction or description of reasonable access routes of highways, including those within one (1) road-mile of the National Network, where reasonable access is approved. Copies can be obtained from the Commercial Vehicle Operations Section.

IX Transitional Provision

Until the Secretary can review the reasonable access routes for which persons operating or causing the operation of STAA vehicles have received permits prior to the adoption of these regulations, or December 1, 1992, whichever is earlier, reasonable access by previously permitted configurations over previously permitted routes is approved. Reasonable access pursuant to this section shall not extend beyond the previously permitted persons.

Dated at Montpelier, Vermont, this 27th day of August, 1991.

....

PATRICK J. GARAHAN

SECRETARY OF TRANSPORTATION

History

• Effective Date: October 11, 1991 (SOS Rule Log #91-59)

Chapter 033 TITLES; DEATH OF A REGISTRANT

14-033 Code Vt. R. 14-050-033-X TITLES; DEATH OF A REGISTRANT

The following documents will be required under T23, VSA, § 2023 to clarify the procedures when a person dies.

1. Intestate - No probate. A death certificate will be required as well as a letter from an officer of the court in Vermont. If the officer of the court is from out-of-state, proof will be required that the officer is a member of the bar, or is a court official.

2. Intestate - Probate. A letter from the probate judge naming the administrator of the estate will be required.

3. Will. Letter from probate and proof of appointment of executor identity.

4. Vehicle held jointly by husband and wife. A death certificate will be required as well as a statement that the individuals named on the title were husband and wife unless such appears on the death certificate.

5. The Commissioner or his designee may accept other documentation.

History

• Effective Date: January 7, 1982 (SOS Rule Log #81-102)

Chapter 035 HEARING DIVISION

14-035 Code Vt. R. 14-050-035-X HEARING DIVISION

3 Hearing Division, Department of Motor Vehicles

The Act of the Legislature as amended and approved March 2, 1972: 23 V.S.A. §§ 801(a) (3), 801(a) (4), 802(b) and adding 23 V.S.A. § 802(i) relating to Financial Responsibility Insurance, has necessitated the activation of a Hearing Division within the Department of Motor Vehicles.

Description

The Hearing Division will consist of a [Motor Vehicle Hearing Chief] Director, as agent of the Commissioner of Motor Vehicles, Motor Vehicle Hearing Examiners and clerical employees as are necessary to maintain proper records and to expedite handling of requests and decisions.

The Hearing Examiners will conduct the hearings, make findings of fact, render the final decision and perform other related duties within the Hearing Division.

Inquiries should be made to the Hearings Division, Department of Motor Vehicles, State Office Building, Montpelier, Vermont 05603-0001, if by mail or by phone to 828-2016.

Rules Governing Financial Responsibility Hearings

The following Rules will prevail in regards to all hearings:

(1) Hearings will be held in the Administrative District in which the petitioner resides, or if a nonresident, the hearing will be held in Montpelier.

(2) Persons who may be subject to the Financial Responsibility requirements of this state as a result of their involvement in an accident as the operator of a motor vehicle and who were not insured at the time will be forwarded a notice which explains their rights to a hearing. Said notice to be forwarded to the [last known] address given by petitioner, certified mail, return receipt requested.

(3) Petitioner or his/her legal counsel must file a request for a hearing with the Motor Vehicle Department within fifteen (15) days after date of notice described above. Request must be written or by use of the printed request form which will be included with the above letter. A request will be considered filed as of the date of postmark on the envelope, or if not mailed, date of delivery to Motor Vehicle Department, if the respective dates are within the above time limit.

(4) Any person who fails to reply indicating his/her desire for a hearing within the time required under No. 3 above will have waived his rights to a hearing.

(5) Notice of hearing will be forwarded to petitioner and/or his/her legal counsel, certified mail return receipt requested, setting forth the date, time, place and other information pertinent to the hearing. Hearing will be scheduled within twenty (20) working days from receipt of his/her request.

(6) Petitioner may represent himself/herself or may be represented by legal counsel and may bring witnesses.

(7) Failure of the petitioner or his/her representative to appear at a scheduled hearing will have defaulted his/her rights to a hearing as the opportunity for hearing required by statute was satisfied with the mailing of the notice of hearing [and returned receipt]. Such a default will become effective one-half hour after the scheduled starting time of the hearing.

(8) The hearing will only determine if petitioner was at fault in any degree for the accident.

(9) In accordance with 23 V.S.A. § (802(i) the hearing will be conducted with a minimum of procedural requirements, so as to provide persons an opportunity to be heard without delay and at reasonable expense to them and to the state. All witnesses shall be placed under oath.

(10) In accordance with 23 V.S.A. § 802(i) the hearing examiner may consider such evidence as is offered and may consider also the operator and investigating officer report or reports filed in connection with the accident.

(11) The hearing will be on an ex parte basis and unless deemed necessary, no witnesses will be subpoenaed, subpoenas will be issued when necessary.

(12) Any request for postponement must be submitted in writing, with a statement of the reasons therefor, that must be received in the Hearing Division at least seven (7) days in advance of the scheduled hearing. If the postponement is deemed warranted by the hearing examiner, it will be granted, however, the new hearing must be scheduled within 30 days from date of the postponed date.

(13) There will be maintained a record of the proceedings which shall be preserved in such a manner that it can be transcribed if requested for appeal purposes.

(14) Neither the Department of Motor Vehicles nor the state will be responsible for payment of any expense incurred by the petitioner pertaining to his/her hearing. The fees of witnesses summoned or used by such petitioner shall be paid by him/her.

(15) Permission for continuances will be at the discretion of the hearing examiner. A withdrawal after notice of hearing will waive petitioner's rights to a further hearing on the same accident.

(16) Petitioner will [receive] be mailed a written notice of the decision within [ten (10)] seven (7) working days after the hearing.

[(17) If the decision of the hearing examiner is adverse to the petitioner, said person has a right to review on the record, by the Commissioner of Motor Vehicles, providing he/she applied in writing forwarded by certified mail, within ten (10) days after date of the Notice of Decision.]

[(18) The decision shall become final ten (10) days after the date of Notice of Decision, unless request for review by the Commissioner is made. Upon review by the Commissioner the decision shall become final on notification by the Commissioner.]

[(19) ] (17) A person found to be at fault may have such finding reviewed under Rule 75 of the Vermont Rules of Civil Procedure.

References in text. The Act of the Legislature referred to in the introductory paragraph of this rule is 1971, No. 151 (Adj. Sess.), §§ 1-4, eff. March 2, 1972.

Section 802(b) of Title 23, referred to in the introductory paragraph of this rule, was repealed by 1977, No. 220 (Adj. Sess.), § 4.

History

• Effective Date: September 15, 1993 (SOS Rule Log #93-63)
• Statutory Authority: 23 V.S.A. § 801, 802

Chapter 036 RULES FOR MOTOR CARRIER SAFETY STANDARDS

14-036 Code Vt. R. 14-050-036-X RULES FOR MOTOR CARRIER SAFETY STANDARDS

Action 1.

An existing rule entitled "Rules For Motor Carrier Safety Standards" is amended which consists of the regulations promulgated by the U.S. Department of Transportation contained in Parts 390 to 397 and 399 of Title 49 of the Code of Federal Regulations revised October 01, 1992, and any amendments thereto, with the following modifications:

(a) All of the regulations adopted shall be construed so that whenever the Department of Transportation, Secretary of Transportation, and other Federal agencies and titles are referred to, they shall be construed to mean and be in effect as State of Vermont, Agency of Transportation and the Secretary of Transportation serving as the administrative head thereof.

(b) Whenever the word Interstate appears in the text of Parts 390 to 397 and 399, it shall be construed to mean both Interstate and Intrastate Motor Carrier Transportation.

(c) In those instances where the context requires otherwise, appropriate interpretation shall be made; i.e. where there is no comparable State Agency, such as Coast Guard, then such shall be the Secretary of Transportation, or the Secretary's designee. Subsidiary offices of the Federal Department of Transportation shall be considered to be the Commercial Vehicle Enforcement Unit of the Agency of Transportation, Department of Motor Vehicles.

(d) Part 391.11, Qualifications of Drivers, is modified by deletion of (b)(1) and substituting the following:

(b) A person is qualified to drive a Commercial Motor Vehicle if the person:

1. Is at least 18 years old provided the person has a valid Vermont License and is engaged in the transportation of cargo or passengers in Intrastate Commerce; or

2. Must be at least 21 years old if the person is engaged in the transportation of cargo or passengers in Interstate Commerce.

(e) Part 391.41(b), Physical Qualifications for Drivers, (3) is deleted in its entirety and replaced with the following:

(3) Who is a newly diagnosed or has an established history of diabetes mellitus requiring insulin for control and has been certified by their personal physician that the individual has not had a hypoglycemic reaction (loss of consciousness or near loss of consciousness) for the last two years or since the last physical, whichever is longer. Such person shall be recertified every six months by their personal physician who must state that the patient has not had a hypoglycemic reaction during that time.

(f) Part 391.41(b), Physical Qualifications for Drivers, (8) is deleted in its entirety, for intrastate operation only, and replaced with the following:

(8) Satisfies the Vermont Administrative Rule titled, "Physical Conditions as Pertains to Fainting Spells, Blackouts or Any Other Reason Causing a Period of Unconsciousness";

(g) Part 391 41(b)(10), Physical qualifications for drivers, is modified as follows:

Has distant visual acuity of at least 20/40 (Snellen) binocular with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, except a monocular driver must have distant visual acuity of at least 20/40 with or without corrective lenses and field of vision of at least 70 degrees Temporal and at least 35 degrees Nasal in the horizontal meridian of the eye having visual acuity, and the ability to recognize the colors of traffic signals and devices showing standard red, green and amber. Certification of visual acuity and field of vision by a licensed Optometrist or Ophthalmologist must be submitted at each renewal of the commercial driver license. Operation of a commercial motor vehicle is permitted intrastate only. EXCEPTION, visual acuity corrected by use of bioptic or telescopic devices will not qualify an individual to operate a commercial motor vehicle.

(h) Parts 391.81 through 391.123 regarding Federal Controlled Substance Testing Regulations are deleted in their entirety for Intrastate Carriers (Interstate Carriers are already subject to the Federal Rule).

Intrastate Carriers who may wish to establish a controlled substance testing program for drivers are encouraged to do so provided they utilize current statutory guidelines as specified in Title 21, Vermont Statutes Annotated, Chapter 5, Subchapter 11, entitled "Drug Testing".

(i) Section 390.5 entitled "Definitions," where it defines "Commercial Motor Vehicle," is amended to read:

Commercial Motor Vehicle means any self-propelled or towed vehicle used on public highways in commerce to transport passengers or property when:

1. The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds and is operating in Interstate Commerce; or

2. The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds and is operating in Intrastate Commerce; or

3. The vehicle is designed to transport more than 15 passengers, including the driver; or

4. The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1813).

Action 2.

A. Basic Enforcement Provisions

Any law enforcement officer of the State of Vermont and its municipalities, including but not limited to Motor Vehicle Inspectors, State Police Officers, Sheriffs, Chiefs of Police, and Municipal Police Officers, shall have the authority to enforce the rules and regulations pertaining to Motor Carrier Safety Standards adopted by the Secretary of the Agency of Transportation.

In order to enforce the rules and regulations as adopted, the Law Enforcement Officer must be certified by The Vermont Agency of Transportation, the State Lead Agency designated by the Governor. To become certified the Law Enforcement Officer must satisfactorily complete a Certification Course as prescribed by the U.S. Department of Transportation's Federal Highway Administration in the Federal Motor Carrier Safety Regulations, Safety Inspection Procedures, and Out-Of-Service criteria. In addition, the law enforcement officer will conduct 30 inspections which are supervised by a certified officer approved by the Vermont Agency of Transportation and demonstrate the ability to conduct inspections in accordance with the national standards prior to certification being granted. To maintain certification a law enforcement officer must perform at least 32 Level 1 inspections on an annual basis and attend an annual In-Service training covering the prescribed instruction.

Any law enforcement officer in the course of enforcing these rules and regulations is authorized to enter upon, to inspect, and to examine any and all vehicles and loads carried, lands, buildings, and equipment of any person subject to these rules and regulations, and to inspect and copy any and all accounts, books, records, memoranda, correspondence and other documents, including those maintained in an electronic format.

Every person subject to these regulations shall submit their accounts, books, records, memoranda, correspondence and other documents, including those maintained in an electronic format, for inspection and copying and they shall submit their vehicles, loads, land, buildings, and equipment for examination and inspection to any member of the Agency of Transportation upon demand after being furnished with appropriate identification by that person, and likewise to any law enforcement officer acting within the scope of his/her duties and authority with respect to these rules and regulations.

Each Motor Carrier who is required to return notices, reports, and information under the regulations shall do so within specified time limitations. All Reports shall be forwarded to the Agency of Transportation, Department of Motor Vehicles, Commercial Vehicle Enforcement Unit, 120 State Street, Montpelier, Vermont 05603-0001. Contact by telephone may be made to the Department at (802) 828-2078. (See 49 CFR Section 390.9; Section 392. 40; and Part 394).

Penalties for violations of these rules shall be as provided in 5 V.S.A. § 2101 and as adopted in "Schedule of Penalties" as prescribed in 23 V.S.A. § 2302.

B. Noncompliance Enforcement Procedures for Motor Carriers

I. Purpose:

To insure Driver/Vehicle Examination Reports are returned in a timely manner (within 15 days from date of issue) and that all violations noted have been corrected by the Carrier.

II. Instrument:

A Driver/Vehicle Examination Report form approved by the Secretary of the Agency of Transportation for the Vermont Motor Carrier Safety Assistance Program.

III. Compliance Notification:

Whenever an Inspection Report is not received by the Agency of Transportation, Commercial Vehicle Enforcement Unit within 15 days from the date of inspection as required, a letter will be sent to the Motor Carrier/Operator along with a copy of the original inspection report. The letter will advise the Carrier/Operator that the report, with its signed certification of compliance, has not been received. It will give the Carrier/Operator an additional 15 days to return the report certifying compliance.

IV. Compliance Enforcement (Vermont Registered Vehicles):

If the Motor Carrier/Operator does not respond to the written notification as outlined above within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carriers registration(s) be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may then demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an of ficer may also then re-inspect the vehicle(s) in question to determine if:

(1) Actual compliance has or has not been made; and

(2) Whether or not a Uniform Traffic Ticket and/or Vermont Traffic Complaint should be issued for noncompliance.

Compliance Enforcement (Foreign Registered Vehicles):

If the Motor Carrier/Operator does not respond to the written notification as outlined in paragraph III within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carriers or operators privilege to operate in Vermont be suspended indefinitely until compliance is manifested. The Secretary, or the Secretary's authorized representative, may then demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) in question to determine if:

(1) Actual compliance has/has not been made, and

(2) Whether or not a Uniform Traffic Ticket and/or Vermont Traffic complaint should be issued for noncompliance.

V. Reinspection Report (Vermont):

After completing the reinspection, the Inspector will submit a new Driver/Vehicle Examination Report noting whether or not the original violation(s) still exist. This follow-up report will be attached to the original in a closed file if the original violations have been corrected, and a written report will be forwarded to the Commissioner to reinstate the vehicle registration. Should the follow-up report reveal noncompliance, the original and follow-up reports will be placed in a pending file for further action.

VI. Suspension Authority:

The authority to make such suspension by the Commissioner is contained in Title 23 V.S.A. § 308(2), (3).

History

• Effective Date: September 15, 1993 (Secretary of State Rule Log #93-66)
• Amended Date: August 6, 1999 (Secretary of State Rule Log #99-34)

Chapter 037 REQUIREMENTS FOR MOTORCYCLE RIDER TRAINING INSTRUCTORS, SPONSORS AND STUDENTS

14-037 Code Vt. R. 14-050-037-X REQUIREMENTS FOR MOTORCYCLE RIDER TRAINING INSTRUCTORS, SPONSORS AND STUDENTS

Motorcycle Rider Training Instructor Requirements

1. The Instructor shall have a High School Diploma or its equivalent.

2. The Instructor shall own and regularly operate a motorcycle.

3. The Instructor shall be at least 21 years of age and must hold a valid Motor Vehicle Operator's License endorsed for motorcycle operation.

4. The Instructor shall have at least four years of motorcycle riding experience during the last five years.

5. The Instructor's Motor Vehicle Operator's License shall not have been suspended or revoked at any time during the preceding two years. In addition the Instructor shall fully and accurately disclose any convictions of traffic violations, traffic offenses or crimes of any nature. The commissioner/or authorized agent shall determine if such violations, offenses or crimes shall warrant denial of Program Certification. Disclosure must include any and all citations for traffic violations or offenses and any and all crimes where a citation or conviction was issued.

6. The Instructor shall not have any convictions during the preceding five years for:

(A) operating a vehicle under the influence of intoxicating liquor or other substance,

(B) operating or taking another person's vehicle without the owner's consent,

(C) operating a vehicle after suspension, revocation or refusal of license,

(D) operating a vehicle in a careless and negligent manner, and

(E) leaving the scene of an accident.

7. Instructors who are licensed in other states shall furnish certified copies of their driving records to the Department of Motor Vehicles.

8. An applicant shall not be eligible for Instructor status until his or her driving record for the preceding five years, or the maximum number of years less than five which a state retains records, is furnished.

9. The Instructor shall have an approved Instructor Certificate which may be a State or Motorcycle Safety Foundation Certificate, and the Instructor must be registered as a currently active Instructor.

10. The Instructor shall pass any Motorcycle Riding Skills Test and/or Knowledge Test required by the Department of Motor Vehicles.

11. To remain approved, an Instructor must conduct a minimum of four (4) complete Vermont Rider Education Program basic courses in any two (2) consecutive calendar years, attend an approved Instructors Update workshop annually or satisfy a combination of experience, training and testing requirements sufficient to establish proficiency to the satisfaction of the Department of Motor Vehicles. In addition, Instructors may also be required to participate in other professional development as determined by the Program Coordinator in consultation with the Training Specialist.

12. Approval as an Instructor may be suspended or revoked by the Commissioner if the Instructor fails to continue to meet the requirements.

Motorcycle Rider Training Program Student Requirements

1. A student must be at least sixteen (16) years of age and hold a valid drivers license to enroll in a Motorcycle Rider Training Program.

2. A student under the age of eighteen (18) years of age must have the signed approval of a parent or legal guardian to enroll in a Motorcycle Rider Training Program.

History

• Effective Date: June 16, 1991 (Secretary of State Rule Log #91-25)
• AMENDED: May 1, 1998 (Secretary of State Rule Log #98-22)
• Statutory Authority: 23 V.S.A. §§ 733 and 734

Chapter 038 COMMERCIAL DRIVER LICENSE PROGRAM

14-038 Code Vt. R. 14-050-038-X COMMERCIAL DRIVER LICENSE PROGRAM

Administrative Procedure

Department of Motor Vehicles

Commercial Driver License Program

23 V.S.A. Section 4108(d) (i)

Skill Test Waivers

A commercial motor vehicle operator may be waived from the driving skill test requirements of the Commercial Driver License (CDL) exam. A waiver of the skill test may be granted provided the requirements of Section 383.77 of the Federal Motor Safety Regulations (FMCSR's) are met. These requirements include the following:

An applicant must certify that, during the two-year period immediately prior to applying for a CDL, he/she:

a. Has not had more than one license except in the instances specified in Section 383.21(b) of the FMCSR's;

b. Has not had any license suspended, revoked, or canceled;

c. Has not had any convictions for the disqualification offenses contained in Section 383.51 of the FMCSR's. However, for offenses defined as "serious traffic violations" the disqualification offense involves two or more convictions. Convictions for offenses in any type of motor vehicle must be considered; and

d. Has not had any violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault: and

e. An applicant must provide evidence and certify that he/she is regularly employed in a job requiring operation of a CMV, and that either:

1. He/she has previously taken and passed a skills test given by the State with a classified licensing and testing system, and that the test was behind-the-wheel in a representative vehicle for that applicant's driver's license classification; or

2. He/she has operated, for at least 2 years immediately preceding application for CDL, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.

The above requirements for waiver of the skill test portion of the Commercial Driver License program apply to both the pre-trip inspection and the on-road driving segments of the skills test. The waiver would also apply to any off road basic skills test that the State may choose to incorporate into its skill testing.

Commercial Driver License Endorsements

In addition to taking and passing the knowledge and skills tests necessary to obtain a commercial class license (A,B, or C), commercial vehicle operators must also obtain endorsements on their license to operate certain specialized motor vehicles. These vehicle types, for which special testing is required, are as follows:

1. Double/Triple trailers;

2. Tank vehicles;

3. Passenger vehicles;

4. Vehicles required to be placarded for Hazardous Materials.

The following tests and passing scores are required for each endorsement listed above:

Double/Triple Trailers - The applicant must take a twenty (20) question knowledge test. An 80% passing grade, sixteen (16) of the twenty (20) questions answered correctly, is required before the endorsement can be issued.

2. Tank Vehicles - The applicant must take a twenty (20) question knowledge test. An 80% passing grade, sixteen (16) of the twenty (20) questions answered correctly, is required before the endorsement can be issued.

3. Passenger Vehicles - The applicant must take a twenty (20) question knowledge test. An 80% passing grade, sixteen (16) of the twenty (20) questions answered correctly, is required for passage of the knowledge test. The applicant must also satisfactorily complete a skills test consisting of a pre-trip inspection, and an on road driving exam. The Commissioner may also add an off road basic skills component to the skill test requirements. The skills test must be taken in a vehicle representative of the class of vehicle that their passenger operation will be in. The skills tests requirements can be waived if the applicant meets the "grandfathering" criteria established by the Department of Motor Vehicles.

4. Hazardous Materials- The applicant must take a thirty (30) question knowledge test. An 80% passing grade, twenty-four (24) of the thirty (30) questions answered correctly, is required before the endorsement can be issued.

Knowledge and Skill Test Standards for a Commercial Driver's License

(a) General Knowledge Test - Each applicant for a Commercial Driver's License must take a General Knowledge test. This test consists of fifty (50) questions with a passing grade of 80% required. Additionally, applicants for a Class A license must take a twenty (20) question combination vehicle test. A passing grade of 80% is required on this exam as well.

Oral examination will be given in those cases where the applicants have problems or difficulties reading and writing English.

B. Skills Tests

1. Pre-Trip Vehicle Inspection Test

The examiner will evaluate an applicant's ability to conduct a safety inspection of their vehicle.

As the applicant inspects the vehicle, the examiner will use the prescribed scoring sheet to indicate which inspection items were properly inspected. During the inspection, the applicant will be permitted to use the Vehicle Inspection Memory Aid from the driver's manual if so desired.

When the vehicle inspection is complete, the examiner will total the number of correctly inspected items, compare them to the CDL Performance Test Passing Scores sheet, and determine if the applicant has passed this portion of the skills test.

2. Basic Control Skills Test

The examiner will evaluate an applicant's basic skill in controlling a vehicle and judging its position in relation to other objects.

The applicant's ability to maintain control of the vehicle will be evaluated during the execution of the following maneuvers;

a. straight line backing

b. forward through offset alley

c. conventional parallel park

d. alley dock

Passenger (bus) vehicles and school buses will be administered a bus turn around instead of the alley dock maneuver.

All maneuvers must be successfully completed to pass the Basic Control Skills portion of the skills test.

3. Skill Test

The examiners administering the skill test component of the Commercial Driver License exams will reject an applicant who accumulates more than twenty-five (25) demerits on the skill test rating form. An immediate rejection will occur whenever the applicant violates any section of the Vermont Statutes or a local ordinance pertaining to the operation of a motor vehicle. Furthermore a mandatory rejection will occur whenever, in the examiner's judgement, the operator performs a dangerous action on the roadway or the examiner is forced to physically or orally take over control of the vehicle. Whenever a vehicle is found to have defective equipment the examiner may terminate the road test.

History

• Effective Date: June 16, 1991 (SOS Rule Log #91-24)

Chapter 039 OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE

14-039 Code Vt. R. 14-050-039-X OPERATION OF DRIVER TRAINING SCHOOLS AND INSTRUCTORS GIVING DRIVER TRAINING INSTRUCTIONS FOR HIRE

11 Operation of Driver Training Schools and Instructors Giving Driver Training Instructions for Hire

(a) Each school must have at least one licensed driver training instructor. The driver training instructor must, in addition to the driver training instructor license, hold a valid drivers license or CDL with the appropriate class and endorsement/s applicable for the type of instruction being given.

(b) Driver Training School licenses are not transferable. In the event of any change of ownership or interest in business, an application for a new license must be filed. The Commissioner of Motor Vehicles shall be notified immediately in the event the school is sold or ceases operation and the existing license returned to the Department of Motor Vehicles, Montpelier, Vermont.

(c) The Commissioner of Motor Vehicles must be notified of any change of address within thirty days. No Driver Training School may change the location of its facilities without prior approval from the Department of Motor Vehicles.

(d) The Commissioner of Motor Vehicles must be notified in writing of any change in partners, or any change in officers or directors of any corporation holding a license. In such case each new partner of a partnership or each new officer or director of a corporation must supply the same information as required on an original application of the partnership or corporation.

(e) Each licensee shall maintain the following records setting forth the name, date of birth, license or learner permit number, start and finish dates of instruction, total fees collected from each student and student's certificate number if applicable; instruction license number of the instructor who provided the instruction, and the number of hours and category of instruction provided. Such records shall be open to inspection by any properly identified employee of the Department of Motor Vehicles during reasonable business hours, but shall be for the confidential use of the Department of Motor Vehicles.

(f) The loss, mutilation, or destruction of any records which a driver training school is required to maintain as outlined in paragraph "e" above, must be reported to the Commissioner of Motor Vehicles immediately stating the date and circumstances involving such loss, destruction, or mutilation.

(g) Any records required under these rules shall at all times be up-to-date and must be retained for the period which includes the present and immediate prior license period.

(h) Each person granted a Driver Training School license shall display the same conspicuously on the school premises.

(i) A licensee shall not publish, advertise, or intimate that an operator's license is guaranteed or assured.

(j) Advertisements and promotional literature shall be devoid of false, misleading or exaggerated information or impressions. Advertisements shall contain the name, business address and telephone number of the school. No school shall use the term "accredited" or any of its synonyms unless it also indicates the agency or organization granting such accreditation. Driver Training Schools may use the words, "licensed by the Department of Motor Vehicles". Other wording which suggests compliance with state rules or statutes, or the word "approved" or any of its synonyms shall not be used.

(k) During instruction no one shall occupy the front seat of the motor vehicle except the instructor and the student operating the vehicle. No child under the age of fifteen shall be permitted to be in the vehicle while driving instructions are being given.

(l) An applicant for an instructor's license will be required to submit to such physical, written, and road tests, or to furnish such other proof of his/her qualifications as an instructor as the Commissioner of Motor Vehicles may require.

(m) An applicant for an instructor's license must be at least twenty-one years of age on date of application.

(n) Driver Training Schools must provide proof of zoning compliance or a signed statement from a municipal government agency upon application for initial licensure.

(o) Each driver training school shall provide a classroom facility which:

1. is free of distracting influences and is used exclusively for driver education instruction during the instructional period;

provides classroom space with a minimum of 30 square feet per student and an area of at least 180 square feet of useable space;

3. has adequate heat, light, ventilation, sanitary facilities and is in compliance with local fire and building codes;

4. has available supplemental teaching aids and audiovisual equipment necessary for effective classroom presentations.

(p) The training range area for commercial motor vehicle training must encompass an area of a minimum of 20,000 square feet suitable for commercial motor vehicle training and must be posted or barricaded so as to prevent other vehicular traffic from entering the area. The configuration of the training range area must be approved by the commissioner of motor vehicles.

(q) Each driver training school shall provide vehicles which;

1. meet the mechanical condition requirements of the Vermont Periodic Inspection Manual and, when applicable, Federal Motor Carrier Safety Regulations. Vehicles are subject to inspection by DMV personnel at any time during normal business hours;

2. are properly registered, inspected and insured;

3. are equipped with a dual-control brake system, except school buses and those commercial vehicles which are used solely for range training;

4. are equipped with instructor's inside mirror/s which provides the instructor unobstructed vision to the rear of the vehicle and which enables the instructor to observe eye movements of the student driver, except commercial vehicles which shall be equipped with outside mirrors which afford the instructor enhanced vision to the sides and rear of the vehicle;

5. are marked with sign/s identifying it as a driver training vehicle and which are visible for a distance of at least 100 feet. Passenger cars shall be marked on the rear of the vehicle, commercial vehicles shall be marked on both the front and rear of the vehicle.

(r). Driver Training Schools shall meet the following:

All course offerings and curriculums must be approved by the commissioner of motor vehicles;

2. Driver training administered in accordance with 23 V.S.A. § 607 may mirror the standards which are recommended or mandated by the Department of Education;

3. The training of commercial drivers shall follow a curriculum which is approved by the commissioner of motor vehicles, and which is consistent with national commercial vehicle training standards, recommendations and guidance;

All classroom, behind-the-wheel and range training must be conducted with a licensed driver training instructor present;

5. Classroom training shall be conducted for groups not in excess of 30 students;

6. Classroom and behind the wheel training shall be conducted concurrently, except with specific approval of the commissioner of motor vehicles.

(s) Qualified persons who are contracted or employed as guest speakers or instructors, or those who provide specialized components of instruction only, are exempted from the general requirements pertaining to licensing of instructors. The use of these types of instructors or guest speakers must be approved by the commissioner of motor vehicles.

(t) Instructors shall not use the Department of Motor Vehicles - designated road test routes as the basis for behind-the-wheel training.

(u) Driver Training Schools shall be open to inspection and evaluation by authorized DMV personnel during reasonable business hours. Such inspection and evaluation may require that DMV personnel be present at actual classroom, range and on-the-road training sessions.

History

• Effective Date: June 16, 1991 (Secretary of State Rule Log #91-24)
• AMENDED: August 1, 1998 (Secretary of State Rule Log #98-50)
• Licensing of driver training schools, see 23 V.S.A. § 701 et seq

Chapter 040 PHYSICAL CONDITIONS AS PERTAINS TO FAINTING SPELLS, BLACKOUTS OR ANY OTHER REASON CAUSING A PERIOD OF UNCONSCIOUSNESS

14-040 Code Vt. R. 14-050-040-X PHYSICAL CONDITIONS AS PERTAINS TO FAINTING SPELLS, BLACKOUTS OR ANY OTHER REASON CAUSING A PERIOD OF UNCONSCIOUSNESS

15 Physical Conditions as Pertains to Fainting Spells, Blackouts or Any Other Reason Causing a Period of Unconsciousness

a. In order to operate a motor vehicle or to hold or obtain an operator's license, a person who experiences an alteration or alterations of consciousness or conscious control may be granted such privilege by the Commissioner with such conditions and restrictions as the Commissioner deems appropriate.

b. Such a person shall submit initial medical evaluation reports to the Commissioner. The medical reports shall require information regarding the person's overall fitness to drive and recommendations regarding the necessity to furnish medical progress reports, the recommended frequency of such progress reports and the length of time such progress reports should be required. The medical report or progress report shall also permit the physician to recommend that the person submit to such motor vehicle written, road, and eye tests as the physician deems appropriate.

c. Upon the failure to furnish medical reports or progress reports, or upon receipt of an unsatisfactory medical report or progress report, the Commissioner shall suspend for an indefinite period the person's license, privilege to operate, or right to obtain an operator's license and such license shall remain suspended until the Commissioner receives a subsequent and satisfactory medical report or progress report.

d. In evaluating medical reports, the Commissioner may require and consider reports from other physician. The Commissioner shall not be responsible for the costs of such medical examinations and reports and progress reports.

e. In evaluating the person's fitness to operate, or to obtain or hold a license, the Commissioner may also consider any other pertinent facts, reports, or information in his or her possession.

f. Any person who holds a Vermont Commercial Driver's License and who is engaged in interstate commerce (between states), is subject to Part 391 of the Federal Motor Carrier Safety Regulations.

Cross References:

Physical and mental examinations, see 23 V.S.A., § 637 et seq.

Restricted licenses, see 23 V.S.A., § 612

History

• EFFECTIVE DATE: June 16, 1991 (Secretary of State Rule Log #91-24)
• AMENDED: March 15, 1996 (Secretary of State Rule Log #96-20)
• Physical and mental examinations, see 23 V.S.A., § 637 et seq. Restricted licenses, see 23 V.S.A., § 612

Chapter 041 NON-COMMERCIAL OPERATORS LICENSE

14-041 Code Vt. R. 14-050-041-X NON-COMMERCIAL OPERATORS LICENSE

AGENCY OF TRANSPORTATION

DEPARTMENT OF MOTOR VEHICLES

TITLE: non-COMMERCIAL OPERATORS LICENSE

"Effective April 1, 1992, a Class 1 operator's license shall be equivalent to a Class D license as defined in 23 V.S.A. Section 4111(b) (1) (D)."

History

• Effective Date: April 15, 1992 (SOS Rule Log #92-9)

Chapter 042 DRIVER LICENSE SUSPENSION

14-042 Code Vt. R. 14-050-042-X DRIVER LICENSE SUSPENSION

DRIVER LICENSE SUSPENSION

For the purpose of suspensions issued pursuant to 23 V.S.A. § 671(a), the term "Improper Person" includes, but is not limited to, a person whose license or privilege to operate a motor vehicle is suspended or revoked in another jurisdiction.

History

• Effective Date: April 30, 1993 (SOS Rule Log #93-22)

Chapter 043 ORGANIZATION OF DEPARTMENT OF MOTOR VEHICLES

14-043 Code Vt. R. 14-050-043-X ORGANIZATION OF DEPARTMENT OF MOTOR VEHICLES

Rule No.1 Organization of Department of Motor Vehicles

(a) Administration.

Overall administration by Department of Motor Vehicles is by Commissioner and Deputy Commissioner who report to the Secretary of Transportation. The Commissioner oversees Title 23 of the Vermont Statutes Annotated and portions of Titles 3, 5, 9, 10, 12, 13, 14, 16, 18 19, 20, 24, 29, 30, 31 and 32. The three divisions consist of:

Motor Vehicle [Law Administration] Hearing Division

[Supervises the function of:

-legal matters and court cases involving the Department

-reciprocity between states and provinces

-major convictions and suspensions

-interpretation of statute and regulation

-hearing functions

-Administrative Procedures.]

[Customer Service Division] Support Services Division

[Supervises the function of:

-registration

-titling of motor vehicles

-Purchase and Use Tax

-operator license and suspension function

-dissemination of public records

-financial responsibility insurance

-quality control

-data entry

-document entry

-operation planning

-departmental operating procedures.]

[Field Services Division] Operations Division

[Supervision of the pupil transportation, inspector and examiner functions which include the following activities:

-pupil transportation

-periodic motor vehicle inspection

-registration and supervision of dealers and transporters

-drivers' examinations

-highway use tax

-vehicle permits

-safety equipment

-light approvals

-investigations

-enforcement of motor vehicle statutes

-public service at examination stations

-technical assistance

-coordination of law enforcement activities of the Agency of

Transportation]

(b) Location and Assistance to the Public.

(1) The main office: The motor vehicle department main office is located at 120 State Street in Montpelier, directly across from the State House and Supreme Court building. The telephone number is 828-[2121] 2000. The hours of work are 7:45 to 4:30 p.m., Monday through Friday.

(2) Other offices: For the location and times of operation of other department offices contact the department in Montpelier. The telephone number is 828-[2121] 2000.

(c) Forms Procedural.

The department has certain approved forms and instructions which are available upon request and must be used where applicable.

(d) Manuals.

The various manuals listed below are used by the department and are available to the public upon request:

(1) Periodic Motor Vehicle Inspection Manual

(2) Motorcycle-Moped Inspection Manual

(3) School Bus Inspection Manual

(4) Vermont Driver's Manual

(5) Vermont School Bus Driver's Manual

(6) Vehicle Permit Guide

(7) Vermont Motor Vehicle Title Program.

History

• Effective Date: September 15, 1993 (SOS Rule Log #93-64)

Chapter 044 CDL: REDUCTION OF LIFE DISQUALIFICATION

14-044 Code Vt. R. 14-050-044-X CDL: REDUCTION OF LIFE DISQUALIFICATION

CDL: REDUCTION OF LIFE DISQUALIFICATION

Cross reference: 23 V.S.A. § 4116(g)

Any person disqualified for life who wishes to have his/her commercial driving privileges restored after he/she has been disqualified by Vermont for at least ten (10) years shall:

(1) Furnish a sworn affidavit to the commissioner of motor vehicles, signed no sooner than 10 years from the effective date of the Vermont disqualification, stating that he/she:

(a) has had no alcohol or drug related offenses, violations and/or convictions as cited in Title 23 excluding 23 V.S.A. § 1134, in Vermont or in any other jurisdiction involving the operation of any motor vehicle since the effective date of the Vermont disqualification;

(b) has successfully completed the therapy program as required by 23 V.S.A. § 1209a(a)(2), if any of the disqualifying offenses were alcohol and/or drug related.

(c) has had no commercial motor vehicle offenses, violations, and/or convictions in Vermont or any other jurisdiction since the effective date of the disqualification;

(d) has a valid Vermont license or a valid license from another jurisdiction.

Following receipt of the affidavit from the applicant and the certification of treatment completion from the Office of Alcohol & Drug Abuse (CRASH), the commissioner shall cause an investigation to be made into the applicants claim of fitness to have his/her commercial driving privilege restored. The commissioner may request, and the applicant must provide, any additional information and documentation which the commissioner deems necessary to determine the applicants fitness for restoration of his/her commercial driving privilege, and may require the applicant to furnish a copy or copies of his/her criminal history records and/or motor vehicle operating records, and other records including, but not limited to, court, employment, military, medical records, for the period of the disqualification, or furnish to the commissioner the appropriate releases necessary to secure the criminal history records or motor vehicle operating records, or other records, in this state or in any other jurisdiction.

A report of the results of the investigation, along with any related documents, shall be returned to the Department for review.

If this review indicates that the applicant may be eligible to have his/her commercial driving privilege restored, an administrative hearing shall be scheduled for the applicant, this hearing to be held in accordance with 23 V.S.A. §§ 105 - 107, and a written decision issued.

If the decision of the administrative hearing is favorable to the applicant, the applicant must then complete all of the requirements of a new applicant for a CDL before such license shall be issued.

A person shall be eligible for restoration of his/her commercial driving privilege under this rule only once following a disqualification for life.

The requirements of (1)(a)-(d) of this rule as outlined above shall also apply to the period from the date of the applicant's affidavit until a new CDL permit is issued.

History

• Effective Date: July 1, 1995 (Secretary of State Rule Log # 95-40)

Chapter 045 LIST OF PARTIES AUTHORIZED TO HAVE ACCESS TO SOCIAL SECURITY NUMBERS FROM DMV RECORDS

14-045 Code Vt. R. 14-050-045-X LIST OF PARTIES AUTHORIZED TO HAVE ACCESS TO SOCIAL SECURITY NUMBERS FROM DMV RECORDS

1. Vermont Department of Motor Vehicles

Vermont Office of Child Support

Vermont Dept. of Taxes

4. Federal Government Agencies such as the Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA) and the Internal Revenue Service

5. National computer system networks, such as the National Driver Register (NDR), Problem Driver Pointer System (PDPS), Commercial Driver License Information System (CDLIS), Fatal Accident Reporting System (FARS), American Association of Motor Vehicle Administrator's Technology Network (AAMVAnet) and SAFETYnet (the information system for the Motor Carrier Safety Assistance Program).

6. Other Jurisdictions' licensing authorities

7. Law Enforcement Agencies for investigation purposes

8. State and Federal Court Systems

History

• Effective Date: November 10, 1995 (Secretary of State Rule Log #95-72)
• Statutory Authority: 3 V.S.A. Chapter 25

Chapter 046 CHILD SUPPORT SUSPENSIONS

14-046 Code Vt. R. 14-050-046-X CHILD SUPPORT SUSPENSIONS

Suspension of licenses: Enforcement of Child Support Orders. 15 V.S.A. § 798

For the purposes of child support suspensions, the term "license" shall include a person's operator license, junior operator license, learner permit, privilege to operate, or right to apply for an operator or junior operator license or learner permit.

Suspension notices shall be sent to the person's last known address as contained in the files of the Motor Vehicle Department and, if applicable, to any different address contained on the court order.

In addition, copies of the suspension notice shall be mailed to the Motor Vehicle Department of another state or states, if the records of the Vermont Department of Motor Vehicles and/or the court order indicates that (s)he has an address or addresses in another state or states.

Child support suspensions shall become effective 15 days after the date the notice of suspension is mailed.

All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, OCS, and this Department.

If the motion for the court order was brought by OCS (Office of Child Support), then notice of compliance shall only be accepted from OCS or the court-If the motion for the court order was brought by the custodial parent, then notice of compliance shall only be accepted from the custodial parent, custodial parent's attorney, or the court.

If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled and removed from the person's record, and any reinstatement fee refunded.

Notices of reinstatement shall be issued no later than five (5) business days from the date the department is notified of compliance.

If the person suspended requests an administrative hearing on the suspension with this

Department, the decision upholds the suspension, and the person then appeals the decision of the hearing to superior court, the Hearing Division of this Department shall inform OCS or the court of such appeal.

Departmental personnel shall direct all inquiries from persons seeking reinstatement to the court or the Office of Child Support (if OCS was the entity which brought the motion for suspension before the court).

History

• Effective Date: February 23, 1996 (Secretary of State Rule Log #96-14)

Chapter 047 SUSPENSION FOR FAILURE TO PAY PENALTY; MINOR'S POSSESSION OF TOBACCO PRODUCTS

14-047 Code Vt. R. 14-050-047-X SUSPENSION FOR FAILURE TO PAY PENALTY; MINOR'S POSSESSION OF TOBACCO PRODUCTS

Suspension of License/Delay of Licensing; Failure to pay Penalty for Minor's Possession of Tobacco Products, pursuant to 7 V.S.A. § 1005.

As authorized by Act #58, 1997 Session, effective 7/1/97, the following criteria has been developed for suspensions issued by this Department upon notification by the Vermont Traffic and Municipal Bureau that a person under the age of eighteen has failed to pay a penalty for possession of tobacco products.

For a first offense the learner permit or license shall be suspended until compliance is received from the Bureau.

For a first offense by a person under age 15, initial licensing of that person shall be delayed until compliance is received from the Bureau.

For a first offense by a person 15 years of age and older, where no learner permit or license has been issued, initial licensing shall be delayed until compliance is received from the Bureau.

For a second or subsequent offense the learner permit or license shall be suspended for 90 days and until compliance is received from the Bureau.

For a second or subsequent offense by a person under age 15, initial licensing of that person shall be delayed for one year and until compliance is received from the Bureau. This action shall become effective with 15 days notice or upon the person's 15 birthday, whichever affords greater lead time.

For a second or subsequent offense by a person 15 years of age and older, where no learner permit or license has been issued, initial licensing shall be delayed for one year and until compliance is received from the Bureau.

Unless otherwise specified, the suspensions will become effective with 15 days notice.

History

• Effective Date: February 17, 1998

Chapter 048 CLASS 2 TOWN HIGHWAY CLASS 2 REHABILITATION PROGRAM

14-048 Code Vt. R. 14-050-048-X CLASS 2 TOWN HIGHWAY CLASS 2 REHABILITATION PROGRAM

I PURPOSE

To rehabilitate certain class 2 municipal highways in accordance with the provisions of 19 V.S.A. Section 306(h), utilizing a combination of state and municipal funds. The intent of this program is to provide grants to municipalities for the rehabilitation of existing class 2 roads which are also rural major collectors, as defined in these rules, to improve the function and extend the useful service life of these highways to the maximum extent practicable.

II DESCRIPTION

Municipalities may apply for grants to perform roadway improvements. Any municipality receiving a grant award is then responsible to perform all actual work on a project, including scoping, design, obtaining permits, and construction.

Eligible activities include improvements to roadway conditions, within or immediately adjacent to the existing footprint of the roadway, at an increased level of treatment over that which can be obtained via the class 2 paving program. Projects are limited to roadway improvements only, and do not include ancillary activities such as water, sewer, electricity, or other utility improvements.

III DEFINITIONS

ADT Annual Average Daily Traffic

AOT Vermont Agency of Transportation

Approved grant agreement amount

The allotment is the amount as specified in section 13 of the grant agreement signed by the municipality and the Secretary of Transportation or designee.

Class 2 town highway

A town highway which has been selected by the legislative body and AOT as one of the most important highways in a municipality, generally with the purpose of securing trunk lines of improved highways from town to town and to places which by their nature have more than a normal amount of traffic ( 19 V.S.A. Section 302(a)(2)) .

District Transportation Administrator

The person in charge of an Agency of Transportation Maintenance District (abbreviated DTA).

Legislative body

The elected or appointed board authorized to make transactions for the Municipality.

RPC Outside of Chittenden County, the regional planning commission which contains a given municipality. Within Chittenden County, the Chittenden County Metropolitan Planning Organization.

Rural major collector

A road which has been designated by the Federal Highway Administration and AOT as serving or linking traffic generators of intra or inter county importance which are not served by road systems of higher classification.

Municipality A Town, City or Incorporated Village.

Project Work to be done according to approved plans and specifications in accordance with a written agreement signed and agreed to by the proper authorities involved.

Secretary The appointed head of the Agency of Transportation.

Sufficiency rating

A numerical system used by AOT for comparative evaluation of different sections of highway.

IV PROCEDURES

A. Funding

State funds only (no Federal funds) will be used to provide grants to municipalities.

Grant eligibility will be limited to class 2 town highways which are also rural major collectors, having a sufficiency rating of 50 or less and an ADT of 400 or more. In order to assure consistency and comparability between different roadway segments, sufficiency ratings and ADTs will be taken from the most recent AOT report on sufficiency ratings of major collector class 2 town highways. AOT will make an updated report available by March, 1999.

The maximum grant will be at the rate of $ 150,000 of state funds per mile of project. State funding liability will be strictly limited to this amount. Cost overruns or additional costs will be the sole responsibility of the municipality.

When necessary, grants may be awarded in two phases. The first phase will consist of project scoping, design, and obtaining permits. The second phase will consist of project construction.

Each project phase must be completed within 24 months of grant award. Municipalities will not be eligible for reimbursement for projects which are not completed within the 24 month time period.

B. Selection criteria

Selection criteria will include but may not be limited to:

• Overall condition of the roadway and need for project

• Reasonableness of proposed activity and overall project cost

• Extent to which the proposed activity improves the function and extends the useful life of the roadway

• Whether a municipality has been awarded previous grants in this program

• Whether or not projects can be constructed during the current season, including receipt of all necessary permits

C. Selection process

Municipalities will prepare and submit an application to the RPC on an annual basis. AOT will establish an annual deadline for applications, and notify municipalities of the date.

The application must be submitted using a form provided by AOT, defining the work proposed. If a grant is awarded, the application form will become an integral part of the agreement between AOT and the municipality, and will define the responsibilities of the municipality and AOT in seeing the project through to completion. A separate application form must be used for each proposed project.

The RPC will review the application form for completeness, assess the overall reasonableness of the application in light of the selection criteria, and select and prioritize candidate project(s) to be funded.

Candidate projects will be passed to a review committee appointed by the Secretary. This review committee will contain five members: two from the AOT maintenance division, and one each from the budget office, technical services division, and policy and planning division. The review committee will review the entire pool of applications submitted by the RPCs, assess the applications in light of the selection criteria and available funding, and make recommendations to the Secretary about grant awards.

Over time, the review committee will attempt to provide equitable distribution of funds throughout the state.

D. Project Scoping

The purpose of project scoping is to identify alternative treatments for a proposed project, discuss the merits of different alternatives, and choose a preferred treatment. Because of the nature of this program, a greatly simplified version of the AOT project scoping process may be used.

The simplified scoping process for this program shall include four steps:

1. Background information. The municipality will gather any necessary background information regarding the proposed project, in preparation for a field meeting.

2. Field meeting. The municipality will hold a field meeting. Invitees will include the municipal legislative body, RPC, DTA, Vermont Agency of Natural Resources, Vermont Division for Historic Preservation, and any other potentially concerned regulatory entities, such as the Army Corps of Engineers, the Act 250 District Administrator, or the Department of Agriculture. At the field meeting, participants will view the length of the project and discuss the proposed improvements. The intent of the field meeting is to arrive at an overall project approach which is satisfactory to all participants in the meeting.

3. Public hearing. The municipality will hold a duly warned public hearing subsequent to the field meeting, to discuss the project and invite public comment.

4. Confirming letter. The municipality will write a confirming letter to AOT, with copies to all participants in the field meeting and attendees at the public hearing, confirming the issues discussed and the conclusions reached regarding the overall project approach. Design of the project will be consistent with this letter.

Scoping is an eligible project cost.

E. Permits

The Municipality will be responsible for consulting with all permitting entities as necessary, and obtaining all permits and other clearances necessary to construct the project, and for complying with permit conditions.

F. Plans and Specifications

The need for and the extent of plans and specifications will be determined by the DTA in consultation with local officials and based on the results of the scoping process. Any necessary plans and specifications resulting from this process will be developed by the municipalities using qualified engineers or engineering firms.

Generally recognized design and construction standards shall be used.

AOT reserves the right to review these documents prior to the start of any construction.

AOT must be satisfied that the municipality's arrangements for project inspection are adequate.

G. Eligible Project Costs

Eligible project costs include the following:

• Preliminary engineering (scoping, development of plans, and obtaining permits).

• Construction.

• Construction inspection.

H. Reimbursement

The Municipality will be reimbursed up to 2/3 of actual project cost, not to exceed the limit of the approved grant.

Payment will be made after acceptance of the completed project phase by AOT.

I. Contaminated Soils

The handling, treatment and disposal of petroleum contaminated soils and other hazardous material contamination in existence prior to construction will be the sole responsibility of the Municipality, and is not an eligible project cost.

J. Re-Submittal of Applications

Each year of the program will begin a new application and selection process.

Applications from previous years may be updated as necessary and resubmitted.

V GRANT ADMINISTRATION

A. Preconstruction

The program administrator will notify the DTA of the Secretary's final approval of each submittal. The DTA will notify the affected municipality.

The program administrator will develop a grant agreement for each awarded project in cooperation with the municipality and the DTA.

Municipalities receiving grants will develop or finalize any plans needed and make arrangements for project inspection and review to the satisfaction of the DTA prior to beginning construction.

B. Construction

Municipalities will notify the DTA at least one week prior to the beginning of construction, and comply with other permit conditions regarding notice, as necessary.

Work must be performed as designed and in compliance with all permit requirements.

C. Payment and Closeout

Payment to the municipality of the state's share, not to exceed the limit of the approved grant, will be made only after final inspection and approval of the project by the DTA. Progress payments are permitted (subject to appropriation status) providing the DTA has given prior authorization.

Claims for payment not to exceed the agreement amount will be submitted by the municipality to the district on forms provided by the district. They shall either be accompanied by copies of all documents needed to identify actual costs paid by the town, or if reviewed by the DTA or his/her designee at the municipal offices, contain a statement by the DTA or his/her designee that all cost have been substantiated by municipal records.

Copies of any payments/credits (TA65 with front and back completed and data entry sheet) shall be sent to AOT Financial Services through the program administrator in AOT Budget and Legislative Relations.

History

• Effective Date: July 11, 1998 (Secretary of State Rule Log #98-46)
• Statutory Authority: 19 V.S.A. §§ 306(h) and 309b(c)

Chapter 049 RULES GOVERNING APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED INSPECTION STATIONS/MECHANICS

14-049 Code Vt. R. 14-050-049-X RULES GOVERNING APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED INSPECTION STATIONS/MECHANICS

1. Persons wishing to contest the imposition of an Administrative penalty must make a written request for a hearing postmarked within 15 days of the DMV administrative order imposing the penalty.

2. Hearings will be conducted via telephone unless a personal appearance hearing is specifically requested, in either case the hearing will be conducted from Montpelier. Legal Counsel and/or a named individual, requested by the Petitioner to assist them at hearing, may appear in Montpelier even though the hearing is telephone hearing.

Notification of the date and time of the hearing and other pertinent information will be forwarded to the address given by the individual by first class mail with a copy to the attorney and/or named individual, if applicable.

4. The Petitioner may represent him/herself or may be represented by legal counsel, and may have witnesses present.

5. Failure of the Petitioner to furnish a telephone number or to be available for the hearing, or failure to appear if a personal appearance hearing has been scheduled, will constitute a default of the hearing. Such default will become effective one half hour after the scheduled starting time of the hearing.

6. The purpose of the hearing will be to allow the Petitioner to show cause why the administrative penalty is not proper and should not have been imposed.

7. In order to provide persons an opportunity to be heard without delay, at reasonable expense to them and the state, and consistent with due process considerations, the hearing will be conducted informally. Subpoenas shall be available upon request. All witnesses shall be placed under oath.

8. The hearing examiner may consider such evidence as is offered and the testimony of the Petitioner/witnesses.

9. Any request for postponement must be submitted in writing stating the reasons therefor. If the postponement is deemed warranted by the hearing examiner, it will be granted, however the new hearing must be scheduled within 30 days of the postponed hearing date.

10. A record of the proceedings shall be made and preserved in such a manner that it can be transcribed or duplicated if requested.

11. The fees of witnesses summoned or used by the Petitioner shall be paid by the Petitioner.

12. Permission for continuances will be at the discretion of the hearing examiner.

13. The Petitioner will be mailed a written notice of the decision of the hearing examiner within 20 days of the hearing closing date.

14. The hearing examiner's findings may be reviewed under Rule 74 of the Vermont Rules of Civil Procedure.

History

• Effective Date: March 29, 1999 (Secretary of State Rule Log #99-15)

Chapter 050 VERMONT DEALER LICENSING AND SCHEDULE OF PENALTIES AND SUSPENSION

14-050 Code Vt. R. 14-050-050-X VERMONT DEALER LICENSING AND SCHEDULE OF PENALTIES AND SUSPENSION

DEFINITIONS

Administrative Penalty shall mean a predetermined monetary penalty, suspension or written warning imposed from the Schedule of Administrative Penalties and Suspensions contained in Part B of this rule. The schedule does not supersede any penalties or sanctions established by statute.

Applicant shall mean a corporation, corporate officer, association, association officer, copartnership including silent partners, company, company officers, firm, officers of a firm, individual, or aggregation of individuals.

Application shall be a form prescribed and furnished by the Commissioner used for initial approval and renewal of dealer licenses and registrations.

Buyers Guide shall mean the vehicle disclosure form required by Federal Regulation.

Commissioner means the Commissioner of Motor Vehicles.

Date of Sale or Time of Sale or Transfer means the date when physical delivery of the vehicle to the purchaser occurs. Dealer shall be the same as defined in 23 V.S.A. § 4(8) and shall include:

• New and Used Car Dealer

• Motorcycle/Moped Dealer

• Farm Equipment Dealer

• Trailer Dealer

• Motorized Highway Building Equipment Dealer

• Finance Dealer

• Auction Dealer

Dealer Business shall include, but not be limited to, the buying, selling, leasing, exchanging, storage or repair of vehicles, selling vehicle accessories or parts, detailing of vehicles or painting of vehicles.

Dealer Records shall be those records required by the Commissioner under 23 V.S.A. Subchapter 4 of Chapter 7 and shall also include bills of sale, odometer disclosure statements, vehicle lease agreements, motor vehicle retail installment contracts, Buyer's Guides, temporary plate logs and in-transit plate logs.

Department shall be the Department of Motor Vehicles.

Engaged in the Business shall be the same meaning as in 23 V.S.A. § 473, except there are no minimum sales standards for other than new and used car dealers.

License Certificate shall be the certificate of designation issued by the Department to the dealer to verify the dealership is properly licensed as a dealer in this state.

Reinstate means to restore any license, certification, registration or privilege issued by the Department to a dealer following the suspension of such designation.

Revoke means to withdraw permanently by formal action of the Commissioner any license, certification, registration or privilege issued or granted by the Commissioner.

Primarily shall mean more than 90% of the gross receipts of the dealer business.

Serious Violation means three or more violations of Category 1, Category 2 or any combination thereof listed in Part B of this rule occurring during any twelve month period.

Suspend means to withdraw temporarily by formal action of the Commissioner any license, certificate, registration or privilege issued or granted by the Commissioner.

Supplemental Documents means information or certifications required by the Commissioner to make a determination of approval/disapproval of an initial application or renewal of a dealer registration and license.

Transporter shall be the same as defined in 23 V.S.A. § 4(42).

Violation shall be those listed in Part B of this rule in Category 1, Category 2, Category 3, and Category 4.

Dealer Licnese Requirements

Part A. DEALER LICNESING

Dealer Licnese Requirements

I Application

A. The application must contain accurate information. All declarations made on the application shall be made under oath. The application must be signed and dated by the applicant. Providing false or inaccurate information can result in denial, refusal, cancellation, suspension and/or prosecution under penalty of 23 V.S.A. § 202.

B. Initial dealer registration shall be for one year, and may be renewed for two (2) years.

C. Supplemental Documents

1. Proof of Zoning Compliance (or signed statement from municipal government agent stating no zoning exists), required for INITIAL application.

2. Proof of compliance with 23 V.S.A. § 800 Maintenance of Financial Responsibility in the minimum amounts of $ 25,000.00 for one person and $ 50,000.00 for two or more persons killed or injured and $ 10,000.00 for damages to property in any one accident. Must be submitted with application.

3. A Bond, Letter of Credit or Certificate of Deposit as required by the rule on Motor Vehicle Dealer Bonds. Must be submitted at time of approval of the dealer/applicant by the Commissioner.

4. Proof of Ownership/Lease of Property for which registration is being applied.

a. a statement that the deed is recorded in the land records of the town including the book and page, or

b. copy of along term lease to cover the period during which the dealer registration will be valid. Leases for a term greater than one year are to be accomplished by a deed that is recorded; 27 V.S.A. § 304.

5. Copy of Vermont Tax Number Certificate. If exempt, the dealer applicant must submit proof of exemption.

6. Applicant shall attest at time of initial and renewal application that he/she is in good standing with the Vermont Tax Department. If not in good standing, applicant will be required to come into good standing before approval will be given by the Commissioner.

7. Applicant shall attest at time of initial and renewal application that he/she is in good standing with the Vermont Office of Child Support. If not in good standing, applicant will be required to come into good standing before approval will be given by the Commissioner.

8. Except for Finance and Auction dealer, a report from a licensed Credit Bureau will be submitted by the dealer applicant with each initial application in addition to a bond, letter of credit or certificate of deposit. Report from a licensed Credit Bureau will not be required for renewal.

9. Initial applications shall be accompanied by both a completed Vermont Dealer's License Background Information form and Authority to Release Information form for each applicant.

10. For New Car Dealers only, a copy of the Franchise Agreement shall accompany the initial application. Renewal application shall require the dealer applicant to attest the Franchise Agreement is still in effect.

D. Conditions for application.

To obtain or retain a dealer license all applicants listed on the application must meet the following requirements:

1. For initial applicants only, has had no previous record of criminal convictions for extortion, forgery, fraud related crimes, larceny or embezzlement in this or any other jurisdiction.

2. Applicant has had no previous record of willful violations of dealer laws or regulations in this or any other jurisdiction.

3. Applicant has had no civil judgments that are the result of willful intent to commit fraud or misrepresentation.

4. Applicant has no history of violations of issuing nonnegotiable, insufficient funds, account closed, or counterfeit checks within the past 5 years.

5. The dealer shall be required to maintain records as defined by this rule.

Renewal applicants shall pass a dealer records audit completed by the Commissioner or a representative thereof. The Commissioner may permit dealer applicants to conduct a selfaudit.

7. Renewal applicants for "New" and "Used" car dealers shall sell a minimum of twelve pleasure cars or motor trucks owned but not registered by the applicant during the previous registration year or twenty-four such vehicles within the previous two registration years. Vehicles that are to be scrapped, dismantled or destroyed cannot be included as qualifying vehicles.

8. The dealer shall notify the Commissioner in writing at the time of the change if any changes to any of the individuals listed on the application are made.

9. Finance and Auction Dealer are exempt from the requirements of 1, 2, 3, 4, and 7 above.

II Place of Business

NEW/USED CAR DEALER; FARM EQUIPMENT DEALER; MOTORIZED HIGHWAY BUILDING EQUIPMENT DEALER; MOTORCYCLE/MOPED DEALER; TRAILER DEALER

A. Building Requirements.

1. The building shall be at least 1200 square feet in size. Measurement of the building shall be around the exterior of the building if single level. A multi-level or multi-use building shall be measured on the inside perimeter of all space to be used by the dealership.

2. The space occupied by a dealer within a building shall be used primarily for the dealer business.

3. The building shall contain a heated dealer office area, which shall be separate from any unrelated business quarters and must contain reasonable accommodations to conduct business with the public. Dealer records must be housed and maintained in the dealer office area. The Commissioner may grant written approval for records to be housed and maintained in a building other than the dealer's office if located on the dealer's premises. The dealer license certificate must be displayed in the office area and be visible to the public.

4. If the building is multilevel or multiuse, the dealership must have an entrance that is easily recognizable by the public.

B. Outside Display Area Requirements.

The outside display area must be located in the immediate proximity of the approved building and maintained for display purposes. Dealers owning property on both sides of a public highway located opposite the approved building may use the property for display purposes.

C. Sign Requirements.

A sign, visible to the public, displaying the business or trade name of the dealership must be in place prior to the first anniversary of the licensed dealership.

D. Hours of Operation Requirements.

The dealership shall be open for business a minimum of one-hundred and forty-six (146) six (6) hour days during each registration year. The days and hours of business, some portion of which shall contain a minimum of four (4) consecutive hours between 6 AM and 6 PM, shall be posted in a place visible to the consumer. Finance and Auction Dealer are exempt.

TRANSPORTER

A. Building requirement.

Applicant shall either own or lease a permanent place of business located in this state which is enclosed and heated and shall contain reasonable accommodations to conduct business with the public. Records required by the Department of Motor Vehicles shall be housed and maintained at this location.

B. Hours of Operation requirements.

A Transporter shall post the days and hours of business, some portion of which shall be between the hours of 8 AM and 4 PM, in a place visible to the consumer.

Part B SCHEDULE OF ADMINISTRATIVE PENALTIES AND SUSPENSIONS VIOLATIONS OF STATE DEALER REGULATIONS

I General Information

Administrative Penalty - When such penalty is imposed, it shall be paid by check or certified check at the discretion of the Department, made payable to the Department of Motor Vehicles, and shall be due within 15 calendar days of the date the penalty is imposed. Failure to pay a penalty imposed within the allowed time period shall result in the immediate suspension of the dealer's license(s) and full privileges to act as, or represent oneself as, a licensed dealer until such fine is paid in full.

A person who misrepresents himself or herself as a dealer as defined in this rule or is engaged in the business of the purchasing, selling or exchanging of motor vehicles without having been licensed and registered as a dealer by the Commissioner will be considered in violation of these rules and will be subject to an administrative penalty as provided in this section of the rule.

If a dealer or individual refuses or neglects to pay to the Commissioner the penalty imposed by formal action of the Commissioner, the Commissioner may collect the unpaid administrative penalty by filing a civil action in superior court. If a penalty is not paid to the Commissioner within sixty (60) days after it is imposed, the Commissioner may suspend any license, certificate, registration or permit issued under 23. V.S.A. Subchapter 4 of Chapter 7.

Hearing - If a dealer chooses to contest the imposition and payment of an administrative penalty or order of suspension, he or she shall have a right to a hearing before a hearings examiner of the Agency of Transportation, Transportation Policy and Hearing Section. The dealer must submit a written request to the Agency of Transportation, Transportation Policy and Hearing Section for such hearing postmarked within fifteen (15) days of the date on the department administrative order imposing the penalty. When a hearing is requested, the administrative penalty and any suspension for the violation shall be held in abeyance until the decision of the hearing examiner has been rendered. If the Commissioner has cause to believe the dealer will continue to act in such a manner as to be detrimental to the state or any existing or potential customers, the administrative penalty or suspension shall become effective as indicated in the original order or sooner if warranted.

Inspection of vehicles with dealer plates attached -- A motor vehicle owned by a registered motor vehicle dealer in this state may be operated under such dealer registration without being currently inspected in Vermont for a period not to exceed 15 days from the date of its acquisition or possession by such dealer. An uninspected motor vehicle shall not be used under dealer registration for demonstration purposes nor for the temporary accommodation of a customer of the dealer.

Multiple violations - In the case of multiple violations considered at one time, the Department may impose separate penalties for each violation as required by the schedule. In the case of multiple violations considered at one time, the Department may, at its discretion, direct that any suspensions be served concurrently.

Reinstatement - A dealer suspended for more than six (6) months shall submit a new completed application, required documentation, proof of compliance and the reinstatement fee, before the reinstatement will be considered. A dealer suspended for six (6) months or less time must submit proof of compliance and the reinstatement fee before the reinstatement will be considered; a new application will not be required. Registration fees and an application will be required if the existing dealer registration has expired during the period of suspension.

Revoke - On the effective date of the revocation, an inspector or representative of the Department shall pick up the following items from the dealership: license certificate, all temporary registration plates, all in-transit plates, all metal registration plates and temporary stickers, all dealer registration certificates and plates and any customer registrations in process and accompanying fees due to the state.

Sale of Business following Suspension or Revocation - If a suspended, revoked, or canceled dealership is sold or leased to a new owner, an application from the new owner/applicant will be considered, provided the suspended parties have no vested interest whatsoever in the new dealership. Such person shall not be employed by the new applicant without the permission of the Commissioner.

Second or subsequent violation - Shall be determined on the basis of the date of a previous violation of the same statute or rule within a two-year period.

Suspend - On the effective date of the suspension, an inspector or representative of the Department shall pick up the following items from the dealership: license certificate, all temporary registration plates, all in-transit plates, all metal registration plates and temporary stickers, all dealer registration certificates and plates and any customer registrations in process and accompanying fees due to the state.

Written Warning - Written warnings will be considered in determination of second or subsequent violations. Signature of the dealer or dealer representative on the written warning form acknowledging receipt of same will be required. Refusal by the dealer or dealer representative to sign the form will not set aside the fact the written warning was issued and is in effect.

II INDEX

ADMINISTRATIVE PENALTY AND DURATION OF SUSPENSION

| CATEGORY 1 | | | | --- | --- | --- | | First Viol. | Second Viol. | Third & Subsequent Viol. | | $ 500.00 | $ 500.00 & | $ 500.00 & | | 3 days dealer plates | 4 day suspension | | | surrendered to DMV | | | | CATEGORY 2 | | | | First Viol. | Second Viol. | Third & Subsequent Viol. | | $ 250.00 | $ 500.00 | $ 500.00 & | | 4 days suspension | | | | CATEGORY 3 | | | | First Viol | Second Viol. | Third & Subsequent Viol. | | $ 100.00 | $ 150.00 | $ 250.00 | | CATEGORY 4 | | | | First Viol. | Second Viol. | Third & Subsequent Viol. | | Written Warning | $ 50.00 | $ 150.00 |

III CATEGORY 1

Administrative Penalty and Duration of Suspension:

| First Viol. | Second Viol. | Third & Subsequent Viol. | | --- | --- | --- | | $ 500.00 | $ 500.00 & | $ 500.00 & | | 3 days dealer plates | 4 day suspension | | | surrendered to DMV | | |

Dealer must serve the prescribed suspension before reinstatement.

• a) Misrepresentation of known vehicle defects to purchaser prior to sale;

b) Failure to accurately represent conditions or terms of loan or lease in writing;

c) Fraudulent recording of information or signatures on dealer records or other Department of Motor Vehicle documents;

d) Willfully submitting fraudulent information or documentation on registration, transfer, tax or title documents or other documents submitted for filing;

e) Willful failure to produce dealer records on demand by an inspector, law enforcement officer or other agent of the Commissioner during posted business hours;

• Violation may be referred to the Attorney General's office for action.

IV CATEGORY 2

Administrative penalty and Duration of Suspension:

| First Viol. | Second Viol. | Third & Subsequent Viol. | | --- | --- | --- | | $ 250.00 | $ 500.00 | $ 500.00 & | | 4 days suspension | | |

Dealer must serve the prescribed suspension before reinstatement. In addition, for those violations marked with an asterisk (*) the dealer must show proof of compliance before reinstatement will be considered.

a) Failure to accurately represent ownership of a vehicle as indicated in bills of sale, title or similar documents to purchaser;

b) Signing customer's or other person's name without authorization;

c) Failure by dealer to retain records for the required six years;

d) Intentionally charging improper fees or misrepresenting "document" or other similar fees as Department required fees;

e) Charging for the use of dealer vehicle displaying a dealer plate;

f) Failure to immediately notify the Department in writing of a change in name, location, ownership or other required condition of the dealership;

g) Failure to return all Department materials to the Department immediately upon revocation, suspension, cancellation or discontinuance of business;

h) Altering expiration date on any plate or permit;

i) Providing false/inaccurate information or failing to disclose pertinent information on the dealer's application or accompanying paperwork;

• j) For any violation of 32 V.S.A. Chapter 219;

• (All taxes and penalties must be paid prior to reinstatement).

k) Failure to pay off existing lien on vehicle taken in trade as required by the contract with the customer.

V CATEGORY 3

Administrative Penalty and Duration of Suspension:

| First Viol. | Second Viol. | Third & Subsequent Viol. | | --- | --- | --- | | $ 100.00 | $ 150.00 | $ 250.00 |

a) Failure to be or remain in compliance with any portion of 23 V.S.A. § 4(8)(42) or any of the conditions as defined in Part A of this rule;

b) For any violation of § 800 - Maintenance of financial responsibility;

c) Issuing the Department a nonnegotiable (bad, insufficient funds, account closed or counterfeit) check;

d) Issuing temporary plate or in-transit permit at other than date of sale;

e) Use of a recovered dealer's registration plate after being reported lost or stolen;

f) Permitting or using customer's returned plates;

g) For any violation of 23 V.S.A. § 453 - Fees and number plates;

h) Failure to maintain dealer records including failure to maintain temporary and in-transit plate logs.

VI CATEGORY 4

Administrative Penalty and Duration of Suspension:

| First Viol. | Second Viol. | Third & Subsequent Viol. | | --- | --- | --- | | Written Warning | $ 50.00 | $ 150.00 |

a) Failure to display "Buyer's Guide" as required by Federal Regulation;

b) Inaccurate, illegible or incomplete recording of information on records retained by the dealer;

c) Improper dealer plate, temporary plate or in-transit permit security;

d) Failure to conspicuously display license certificate;

e) Failure to issue proper type of plate or permit (upon receipt of fees);

f) Failure to assign correct expiration date to plate or permit;

g) Failure to account for voided temporary plate or in-transit permit;

h) Failure to immediately report dealer's registration plate as lost or stolen to the Department;

i) Failure to immediately return recovered lost or stolen dealer's registration plate to the Department;

j) Failure to display proper validation sticker on dealer's registration plate;

k) Failure to provide registration and insurance certificate with the dealer vehicle being used on the public highway;

l) Failure to properly update Dealer's Guide;

m) Use of dealer plate on an unauthorized type of vehicle.

History

• Effective Date: October 15, 2000 (Secretary of State Rule Log #00-59)
• Statutory Authority: 23 V.S.A. §§ 475 and 497

Chapter 051 MOTOR VEHICLE ARBITRATION BOARD

14-051 Code Vt. R. 14-050-051-X MOTOR VEHICLE ARBITRATION BOARD

Section 1 Purpose and Scope

These rules are designed to provide a simple, fair and orderly procedure for hearing and deciding cases brought before the Vermont New Motor Vehicle Arbitration Board ("the Board"). It governs all proceedings pursuant to 9 V.S.A. 4170-4181 as amended.

Section 2 Clerk of the Arbitration Board

The New Motor Vehicle Arbitration Board's administrator shall serve as clerk of the Board ("the Clerk"). Inquiries to and filings with the Board shall be addressed to the Clerk.

Section 3 Manufacturer's Filing

All motor vehicle manufacturers doing business in Vermont shall file their corporate or eastern zone office address, telephone and facsimile numbers and any other means of contact with the Clerk. A manufacturer shall also file a copy of the procedures, if any, and any descriptive material for its alternate dispute resolution process, including address, phone and facsimile numbers, and any other means of contact.

Section 4 Request for Hearing

A consumer may request an arbitration hearing before the Board in writing on a form prescribed by the Board. The request, accompanied by the required supporting documentation, shall be filed with the Board with a copy to the manufacturer. The consumer shall indicate on the form the relief requested, either a refund or a replacement vehicle.

Section 5 Manufacturer's Answer

The manufacturer shall file a written response with the Board with a copy to the consumer within five days prior to hearing. The response shall be on the prescribed form and clearly set forth any defenses. Defenses not set forth in a manufacturer's answer may be deemed waived and may not be considered by the Board.

Section 6 Notice of Hearing

The parties will be notified of the date, time and location of the hearing by mail, facsimile or electronic mail. "Receipt" of the demand for arbitration from the consumer is attained when required supporting documentation has been filed or after request for the information by the Clerk is fulfilled.

Section 7 Continuances

Continuances may be granted only for good cause. Requests for continuances must be in writing and be received by the Clerk at least three days prior to the scheduled hearing, except in the most extraordinary circumstances. The Board authorizes the Clerk, in his or her discretion, to grant or deny continuances.

Section 8 Withdrawal of Hearing Request

A consumer may withdraw his or her request for a hearing by written notice to the Clerk for good cause.

Section 9 Discovery

By at least three days prior to hearing, each party shall provide all documents and records that are relevant to the issues raised by the demand for arbitration to each other and the Board. The manufacturer shall file copies of any Technical Service Bulletins (TSBs), special service statements or similar documents that apply to the consumer's claimed defect(s) after receipt of the consumer's Demand form. Unless otherwise determined by the Board or the Clerk, all written requests to the manufacturer or dealer for documents shall be honored. Objections to the production of documents and records shall be directed to the Clerk. In his or her discretion, the Clerk may either rule on the objection or refer the matter to the Board.

Section 10 Prehearing Conferences

A pre-hearing conference may be scheduled by the Board or at the request of the Clerk or any party. The intent of the conference is to resolve preliminary issues and, when appropriate, provide for the exchange of information. Pre-hearing conferences may be held by the Clerk or a person designated by the Chair of the Board. Conferences may be held in person or by an acceptable alternative means, e.g. telephone conference call.

Section 11 Conduct of the Hearing

The Board shall conduct a hearing on issues for decision. A Board member shall administer an oath to ail persons testifying. Each party shall have the opportunity to examine all documents or records presented prior to hearing as part of the filing; to produce witnesses and cross-examine witnesses through the Board; to present all relevant evidence prior to hearing; to advance any arguments, either oral or written; and to rebut opposing evidence.

Section 12 Evidence

The admission of any relevant evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs shall be allowed. The Board may exclude evidence that is irrelevant or unduly repetitious. The Board is not required to employ the Vermont Rules of Evidence.

Section 13 Repair Orders

AH repair orders submitted by the consumer shall be presumed to be accurate copies of the originals.

Section 14 Record for Decision

All hearings shall be tape-recorded. The evidence and argument presented at the hearing plus any knowledge gained from any inspection or test drive of the motor vehicle shall constitute the basis for decision.

Section 15 Transcripts

For purposes of appeal, arrangements for a transcription of oral proceedings shall be made by the Clerk on written request. A party requesting a transcript shall pay the reasonable cost of transcription.

Section 16 Decision

The members of the Board constitute the hearing authority, and a majority of the board constitutes a quorum. Upon considering the evidence and arguments, the Board shall determine whether the consumer is entitled to a refund, a replacement vehicle or no relief. The decision of the Board shall be mailed by certified mail to the consumer and transmitted by facsimile to the manufacturer.

Section 17 Election of Chairperson and Vice Chairperson

Board members will elect a chairperson and vice chairperson annually in January. Chairperson duties include signatory authority for orders and Board expense accounts. The vice chairperson shall exercise these tasks in the absence of the chairperson.

Section 18 Attendance at Hearings

If a party does not appear for a hearing at the time and place scheduled, the Board may permit the party in attendance to present evidence. The Board may render its decision in the case on the basis of the existing evidence.

Section 19 Notice

The notice to consumers required by 9 V.S.A. § 4180 shall be in a form specified by the Board.

History

• EFFECTIVE DATE: September 28, 1985 (Secretary of State Rule Log # 85-A54)
• AMENDED: June 9, 2006 (Secretary of State Rule Log # 06-016)
• Statutory Authority: 9 V.S.A. C. 115 § 4174(b)

Chapter 052 DMV RULE NO. 53 - EMISSION SMOKE INSPECTION OF DIESEL-POWERED COMMERCIAL MOTOR VEHICLES

14-052 Code Vt. R. 14-050-052-X DMV RULE NO. 53 - EMISSION SMOKE INSPECTION OF DIESEL-POWERED COMMERCIAL MOTOR VEHICLES

Section 1 Definitions

Any test administered under this section and any notice of violation issued shall be done by a sworn law enforcement officer trained and certified by the department of motor vehicles. For purposes of this section:

(a) "Commercial motor vehicle" is defined under subdivision 4103(4) of this title.

(b) "Law enforcement officer" means an officer of the department of motor vehicles trained and certified by the department of motor vehicles to conduct exhaust-smoke emission inspections.

Section 2 Methods for Testing Exhaust Emissions

The general diesel smoke emissions test procedure shall be the SAE J1667 test procedure, also known as the "snap acceleration diesel smoke opacity test."

Section 3 Authorized Testing Equipment

All test equipment shall, at a minimum, comply with SAE J1667 test procedures.

Exhaust Smoke Emission Standards:

The inspection standards for diesel-powered commercial motor vehicles are as follows:

(a) For model years 1991 and newer, the level of peak smoke opacity shall not exceed forty (40) percent; and

(b) For model years 1990 and older, the level of peak smoke opacity shall not exceed fifty-five (55) percent.

Section 4 Notification of Repairs

The owner or operator of any vehicle that fails the exhaust smoke emission test has 45 days from the date of the emission inspection to notify the Department that emissions related repairs were made to bring the vehicle into compliance with the exhaust smoke emission standards or the vehicle was taken out of service. Notification of repair shall include the following information:

(a) Name of repair facility;

(b) An itemized bill of repairs from the repair facility;

(c) Signature of repair facility representative certifying repairs have been made to reduce diesel emissions and date signed; and

(d) Signature of the vehicle owner certifying appropriate emissions related repairs were made to the vehicle.

If notification of repair is not made within 45 days, the owner or operator shall be assessed one of the following:

(1) $ 200 fine for the first violation;

(2) $ 200 fine for the second violation of the same vehicle within a two-year period but not less than 60 days from the date of repair for the first violation, or $ 400 fine if notification of repair for the first violation was not made within 45 days;

(3) $ 400 fine for the third or subsequent violation of the same vehicle within a two-year period, or $ 800 fine if notification of repair for the first violation was not made within 45 days.

Section 5 Notification of Noncompliance with Exhaust Smoke Emission Standards Prior to Vehicle Sale or Transfer

Any person who sells, trades or offers for sale or trade any interest in a vehicle that has been taken out of service for not meeting the applicable exhaust smoke emission standards shall disclose the fact to a prospective purchaser both orally and in writing before a sale, trade or transfer is made. Written disclosure that the vehicle does not meet applicable exhaust smoke emission standards shall be conspicuously disclosed on any bill of sale, transfer, purchase or other agreement.

Section 6 Voluntary Exhaust Smoke Emission Testing

The Department shall perform voluntary inspections of diesel-powered motor vehicles at the request of the vehicle owner or their representative. The purpose of such inspections shall be to determine whether such vehicles are in compliance with the emission opacity standards for diesel-powered commercial motor vehicles. Such tests may be scheduled by contacting the Commercial Vehicle Enforcement Unit of the Department of Motor Vehicles.

History

• EFFECTIVE DATE: September 20, 2007 Secretary of State Rule Log #07-037
• STATUTORY AUTHORITY: 23 V.S.A. §§ 1222a, 1229

Chapter 053 IGNITION INTERLOCK PROGRAM

14-053 Code Vt. R. 14-050-053-X IGNITION INTERLOCK PROGRAM

Section 1 Definitions

For the purposes of these rules, the following definitions apply:

(a) "Alcohol set point" means the minimum alcohol concentration at which an ignition interlock device is set to lock a motor vehicle's ignition. That level shall be 0.02 Blood Alcohol Content (BAC).

(b) "Calibration" means the process of testing and adjusting a device to ensure accuracy set forth in the current National Highway Traffic Safety Administration (NHTSA) Model Specifications for Calibration Units.

(c) "Certified laboratory" means a laboratory which subscribes to the quality code of the International Standards Organization of the American National Standards Institute.

(d) "Commissioner" means the Commissioner of Motor Vehicles.

(e) "Ignition Interlock Device" or "IID" means a device capable of measuring a person's blood alcohol concentration and immobilizes a motor vehicle whose driver's blood alcohol concentration is 0.02 or greater. The device must be equipped with a camera capable of recording a digital image of the person using the device as well as the front compartment of the vehicle.

(f) "Ignition interlock restricted driver's license" or "RDL" or "certificate" means a driver's license that has been restricted to limit operation of motor vehicles by a person whose license or privilege to operate has been suspended or revoked pursuant to 23 VSA § 1205(a) (2), § 1205(m), § 1206(a), § 1208 or § 1216 to motor vehicles installed with an approved ignition interlock device. A person with a RDL may not operate a commercial motor vehicle as defined in 23 VSA § 4103.

(g) "Inclusion zone" means an area encompassing 25 miles from the Vermont border.

(h) "Installer" means an individual, business or other entity identified by a manufacturer of an approved ignition interlock device as the manufacturer's official representative in the state of Vermont for the installation, maintenance, monitoring and repair of the devices, and includes agents and employees of the manufacturer.

(i) "Lockout State" means a condition where the ignition interlock device will not accept a breath test.

(j) "Motor vehicle" means only pleasure cars and trucks the operation of which do not require a commercial driver license. The term shall not include school buses.

(k) "State coordinator" means the individual designated by the manufacturer to act on behalf of or represent it in all matters regarding IID's in Vermont.

(l) "Ignition Interlock Certificate" means a restricted privilege to operate a motor vehicle issued by the Commissioner allowing a nonresident whose privilege to operate a motor vehicle in Vermont has been suspended or revoked for operating under the influence of intoxicating liquor or in excess of legal limits of alcohol concentration, or for refusing an enforcement officer's reasonable request for an evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device.

Section 2 Certification of manufacturers of ignition interlock devices

(a) No ignition interlock device may be leased, sold, installed or used as part of the program outlined in 23 VSA § 1213 unless the model or type of device has been approved by the Commissioner in accordance with the provisions of this rule.

(b) Application for Certification:

(1) A manufacturer may apply for certification of a device by submitting an application to the Commissioner every two years. The application shall be prescribed by the Commissioner. A separate application is required for each model or type of device for which approval is sought. A manufacturer must certify the device:

i. Does not impede the safe operation of a vehicle.

ii. Minimizes opportunities to bypass.

iii. Performs accurately and reliably under all normally anticipated circumstances.

iv. Satisfies the requirements for certification set forth in this rule.

v. Prevents a person from starting a vehicle when the person has a prohibited blood alcohol concentration.

(2) An application for certification must include all of the following information:

i. The name, address, telephone number and email address of the manufacturer of the device.

ii. The name and model number of the device.

iii. A certification from a Certified Laboratory who tested the device stating the device model meets or exceeds the minimum federal standards contained in the most recently published Model Specifications for Breath Alcohol Ignition Interlock Devices adopted by the National Highway Traffic Safety Administration by a Notice in the Federal Register.

iv. A certification the device is made by a manufacturer who is covered by product liability insurance.

v. A signed statement the manufacturer agrees to indemnify and hold harmless the state of Vermont and the Commissioner and his or her officers, employees and agents from all claims, demands and actions as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of a device.

vi. The manufacturer may submit for consideration evidence of certification obtained in any other jurisdiction.

vii. The manufacturer shall agree that any installation or service of an IID performed within the state of Vermont or the inclusion zone shall be in compliance with all requirements of this rule.

viii. The manufacturer must agree to provide an expert witness if the performance of the device is an issue in any judicial or administrative proceeding.

ix. The manufacturer shall agree to provide statewide coverage for installation and service of ignition interlock devices. The use of mobile installations is permitted provided the requirements set forth in section 5 of this rule are adhered to.

(c) The representations made by a manufacturer on the application for certification become conditions to the certification when the certification is approved by the 3 Commissioner. The failure of a manufacturer to comply with those conditions may result in the suspension or revocation of the certification as provided by subsection (e) of this section.

(d) The Commissioner shall certify, or refuse to certify, a device after receipt of a complete application. The manufacturer will be notified within 15 days of receipt of the application if the application is incomplete. The manufacturer will be told what information or documents are needed to complete the application.

(e) The Commissioner may deny, suspend or revoke certification of a manufacturer or device for any of the following:

(1) Defects in design, materials, or workmanship causing repeated failures of a device to function as intended.

(2) Termination or cancellation of a manufacturer's liability insurance.

(3) The manufacturer ceases to manufacture ignition interlock devices.

(4) Voluntary request by a manufacturer to cancel approval of a device.

(5) Violation by a manufacturer, vendor, installer, service provider or agent, employee or independent contractor of any provisions of this rule or conditions to the certification.

(6) Providing materially false or inaccurate information relating to a device's performance standards by the manufacturer or certifying laboratory.

(7) Modification or alteration of the components, design, or installation and operation instructions so that the requirements of the minimum federal standards are no longer satisfied, unless the modifications have already been certified.

(f) A suspension or revocation is effective 15 days after notification is sent to the manufacturer by first class mail or such later date as may be specified in the notice. The notice must specify the basis for the action.

(g) A manufacturer whose application for certification is denied or whose certification is suspended or revoked may request an administrative hearing. The hearing will be held pursuant to 23 VSA §§ 105 - 106. The issue at the hearing is whether, by a preponderance of the evidence, the manufacturer can show cause why the decision of the Commissioner should not be upheld.

(h) Within 90 days of the event of suspension or revocation of certification, the 4 manufacturer is responsible for and must bear the cost for the removal of any and all decertified devices and the replacement with a certified device whether their own or another certified manufacturer's device.

(i) A manufacturer must notify the Commissioner immediately, in writing, of any material modification or alteration in the components, design or installation and operating instructions of any device approved for use in this state, and must provide the Commissioner satisfactory proof (to include retesting by an independent laboratory, if required) prior to sale or distribution of the altered or modified device that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of the minimum federal standards contained in the most recently published Model Specifications for Breath Alcohol Ignition Interlock Devices adopted by the National Highway Traffic Safety Administration. Any device with a material modification or alteration must be re- approved by the Commissioner.

Section 3 Standards and Specifications for Ignition Interlock Devices

(a) Except as otherwise provided herein, all ignition interlock devices must meet or exceed the most recently published standards established by the U.S. Department of Transportation, National Highway Traffic Safety Administration [identified as "Model Specifications for Breath Alcohol Ignition Interlock Devices"]. The device must employ an electrochemical (fuel cell) sensing method of detecting the presence of alcohol.

(b) A device must indicate by audible or visual means when a sufficient breath sample has been collected and indicate the result by a pass/fail signal.

(c) A device must be able to be adjusted to permit operation with as little as 1.2 liters of breath per blow upon a medical recommendation approved by the Commissioner.

(d) A device must prevent a driver from starting the vehicle when a breath test detects a BAC of 0.02 or greater and when a driver fails to appear for service within the five calendar day warning period.

(e) A random retest feature is required for all devices. The device must require the driver to submit to a first rolling retest within a variable interval ranging from five to fifteen minutes after a driver has passed an initial breath test and started the vehicle. Subsequent to the first rolling retest, the random rolling retest shall be required within a variable interval ranging from thirty to forty-five minutes after the most recent rolling retest. An audible or visual warning must alert the driver of the retest and the driver will have ten minutes to take the first rolling retest. If the driver fails to submit to the first rolling retest within ten minutes or the device detects a BAC of 0.02 or greater, the horn will sound repeatedly, and the headlights shall flash until an acceptable breath sample has been submitted and the BAC is less than 0.02 or the vehicle is turned off. Once the vehicle is turned off, the device must not allow the driver to restart the vehicle without taking an initial breath test. If the vehicle is turned off after or during the warning of an impending rolling retest, but before the driver takes the rolling retest, the device must prevent the driver from starting the vehicle without taking an initial breath test. If the vehicle accidentally stalls the device must not prohibit the operator from starting the vehicle. If this accidental stall occurs during a retest, the retest should proceed from the point of the accidental stall.

(f) A device must be programmed to allow unlimited attempts to provide a breath sample on a rolling retest within the ten minute period.

(g) A device must record data in its memory in such a manner that data cannot be erased and a hard copy can be printed. The data recorder must have a backup system to protect the security of all recorded data in the event the power supply to the device is interrupted or the sample head is disengaged or disconnected. The ability to transfer the unaltered data electronically must be included. The following information must be stored in the data recorder:

(1) The date and time of any use or attempted use of a vehicle.

(2) The date and time of any attempt to tamper, circumvent or bypass the device.

(3) The date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.

(4) The date and time of any malfunctions of the device.

(5) The date and time of any failures to provide retest samples.

(6) The date and time a "service required" message is issued to the customer by the device.

(h) A device must provide all of the following information to a driver.

(1) The device's readiness for acceptance of a breath sample.

(2) A reminder seven days prior to a scheduled service date followed by a warning to obtain service within five days after the scheduled service date.

(3) An indication when the device has entered a lockout state.

(i) A device must place the vehicle in a permanent lockout state, if any of the following conditions occur:

(1) The device detects tampering, circumvention or bypass attempts.

(2) The user fails to provide a breath sample during three consecutive retest periods.

(3) A scheduled service date is missed and the five calendar day grace period has expired.

(j) A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include the following:

(1) A device must retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected.

(2) A device must retain its data memory when disconnected from the vehicle's power supply.

(3) A device must include a camera with the capability of capturing and retaining an image of the person providing the breath sample at each vehicle start when taking an initial breath test, the first rolling retest and all random retests as well as circumvention attempts. Such images shall be included in the reports required in these rules.

(k) Override. A device shall be programmed to allow test free restarts in the case of engine stalls.

Section 4 Manufacturer Responsibilities

(a) A manufacturer must provide the following information to the Commissioner:

(1) A copy of the agreement between the manufacturer and installer.

(2) A copy of the standard agreement between the installer/manufacturer and the driver of the vehicle in which the device is installed.

(3) The 24-hour toll free emergency service telephone number which the manufacturer provides the driver to contact authorized customer service representatives.

(4) The fee schedule listing the costs assessed to a driver for installation of the device, monthly leasing of the device, scheduled service visit, violations service visit, and removal of the device.

(5) The name, address, telephone number and e-mail address of the state coordinator.

(6) A detailed description, including a photograph, drawing or other graphic depiction of the device.

(7) Document containing complete written instructions provided to authorize installers for installation, operation, service, repair and removal of the device.

(8) Document containing the complete written instructions provided to participants and other operators of a vehicle equipped with the device.

(9) A complete list of authorized installers to include name, business address, phone number, contact person and hours of operation.

(10) A floorplan of the installation facilities detailing the work areas and the client waiting area.

(b) A manufacturer must ensure installers:

(1) Comply with all requirements of this rule.

(2) Possess and maintain all necessary training and skills required to install, examine, troubleshoot, and verify proper operation of devices.

(3) Possess the tools, test equipment and manuals needed to install, inspect, download, calibrate, repair, maintain, service and remove devices.

(4) Provide the restricted driver and all persons who will use the vehicle with written and hands on training in how to operate a vehicle equipped with the device, including

i. Care, cleaning and maintenance.

ii. Identification of vehicle malfunctions and repairs affecting the device and procedures for addressing them.

iii. A 24-hour emergency telephone number for assistance in the event a device fails to operate properly or a vehicle experiences a problem relating to the installation, operation or failure of a device. Assistance must include technical information and assistance in locating a tow company or road service provider. Emergency assistance related to the failure of a device must be provided within two hours for vehicles located near an area with an installation facility. The device must be made functional within 48 hours of the call for assistance being received or the device must be replaced.

iv. Informing the restricted driver that he or she is accountable for all breath samples logged by the device.

(5) Maintain established business hours with an installer available during those hours.

(6) Conduct business from an enclosed building with a separate waiting area for customers. Installations may be conducted by mobile units. If installation is done by a mobile unit, the customer cannot observe the installation of the device. The business premises and mobile units are subject to announced and unannounced inspection by the Commissioner or his or her agents.

(7) A person employed as an installer must be at least eighteen years of age.

Section 5 Installation, Monitoring, Servicing and Removal of Ignition Interlock Devices

(a) Installation:

(1) An installer must provide proof of installation, including the information required in Section 6(a) (2), to the Commissioner electronically within 24 hours or the next business day of the installation.

(2) Only installers, manufacturers and representatives of the Commissioner may observe the installation and removal of devices. Reasonable security measures must be taken to prevent access by unauthorized persons to devices, the written materials and hardware and software associated with the devices.

(3) An installer shall examine each vehicle before installing the device. The examination must include screening procedures to ensure the vehicle in which the device is to be installed is in a mechanical and electrical condition that will allow the device to meet the specifications contained in these rules. Conditions that the manufacturer has determined would prevent the device from meeting the specifications must be repaired before the device is installed. The person seeking installation is responsible for the costs of any repairs to the vehicle.

(4) The device's camera must be mounted in such a manner as to capture the front compartment of the vehicle. The camera shall capture an image of both the driver and the front passenger area.

(5) After a device is installed, the vehicle and device must be inspected to ensure that the installation was performed properly, the device is working as required and the device does not interfere with the normal operation of the vehicle.

(6) An installer must certify that a device has been installed. The certification shall be made on a form prescribed by the Commissioner.

(7) A warning label, approved by the Commissioner, must be affixed to installed devices. The warning label must contain the following information: "WARNING" - A person tampering with or otherwise circumventing this device may be subject to civil penalties. 23 VSA § 1213(k).

(b) Monitoring and Servicing:

(1) An installer must follow the requirements established by this rule and the manufacturer's specifications for service monitoring, service and repair.

(2) A device must be scheduled for service 60 calendar days after installation and thereafter at intervals not to exceed 67 calendar days.

(3) Calibration service must be provided within five calendar days after the request for service is made.

(4) Each time a device is serviced, the installer must:

i. Review the data recorded in the device's memory and retain a copy in the person's file.

ii. Inspect the device for indications of tampering.

iii. Calibrate the device.

(5) For those manufacturers who perform "swap outs" at every scheduled service visit, i.e. remove the currently installed device and replace it with a new device, the installer/manufacturer must:

i. Review the data recorded in the removed device's memory and retain a copy in the person's file.

ii. Inspect the removed device for indications of tampering.

(c) Removal:

[The following does not apply to "swap outs" as described in Section 5(b) (5)]

(1) Only a manufacturer or installer may remove a device.

(2) An installer or manufacturer must notify the Commissioner electronically within 24 hours or the next business day of the removal of a device stating the specific reasons for removal.

(3) Whenever a device is removed, the vehicle must be restored to its original condition. All severed wires must be securely reconnected and insulated with heat shrink tubing or its equivalent.

Section 6 Reports and Records

(a) Violations Reports:

(1) A manufacturer or installer must electronically notify the Commissioner within 24 hours or the next business day of discovering reliable information showing:

i. Evidence of circumventing, removing, or tampering with a device.

ii. A registered 0.02 or greater BAC during a first rolling retest or random rolling retests.

iii. A failure to successfully complete a retest.

iv. A device entered a lockout state, to include the date, time and the cause of the lockout.

(2) The report must include the following information:

i. Name and affiliation (manufacturer and installer) of the person submitting the report.

ii. Reason and basis for the report.

iii. Driver's full name, date of birth, driver license number and address.

iv. Registration plate number and the vehicle identification number of the vehicle in which the device is installed.

(b) Driver Monitoring Reports:

(1) A manufacturer or installer must electronically notify the Commissioner within 24 hours or the next business day of the servicing of a device.

(2) The report must include the information required by subdivision (a) (2) of this section and the results of the service, including a summary of the information provided by the device's data recorder.

(c) Six Month Status Reports:

(1) An installer must electronically provide data to the manufacturer for the periods of January 1 through June 30 and July 1, through December 31, for each device installed on vehicles to be operated within the state of Vermont. A manufacturer must electronically provide the Commissioner a status report once every 6 months.

(2) The report must provide the following in a format provided by the Commissioner:

i. Information required by § 6(a) (2).

ii. Number of requests for financial assistance accompanied by proof of receipt of benefits from 3 SquaresVT, LIHEAP or Reach Up.

iii. List of persons, including the information required by § 6(a) (2) (iii) and (iv) who had a device installed or removed from a vehicle.

iv. Number of devices installed and number of devices that malfunctioned or were defective requiring service, repair or replacement. The serial numbers and the specific problem identified for malfunctioning and defective devices must be included in the report.

v. Number and a summary of all complaints received and the corrective action, if any, taken by the manufacturer or installer for each model or type of device.

vi. The date any service is performed.

vii. The mileage of the vehicle since the previous service was performed.

(d) A manufacturer or installer must keep all records relating to the application for approval of a device and all records relating to the installation, service, removal, performance and use of individual devices for a period of three years following the removal of any device.

Section 7 Audit and Inspection of Records and Facilities

The Commissioner or his or her agents may audit and inspect the facilities and records of a manufacturer and installer to verify compliance with the requirements of this rule. Manufacturers and installers must make facilities and records available to the Commissioner or his or her agents during reasonable business hours.

Section 8 Application for Ignition Interlock Restricted License/Certificate

(a) A person eligible under 23 VSA § 1205(a) (2), § 1205(m), § 1206(a), § 1208 or § 1216 may apply for an ignition interlock restricted driver's license/certificate. The application, on a form prescribed by the Commissioner, signed and sworn to by the applicant shall be accompanied by the person's unexpired Vermont driver's license and satisfactory proof of installation of an approved ignition interlock device in any motor vehicle to be operated by the applicant. If the applicant is not the owner of the vehicle the applicant must be named on the installation notice as a driver of this vehicle. Proof of financial responsibility is required. Additionally, if the applicant is not the owner of the vehicle, written permission from the owner of the vehicle must be provided specifically granting the applicant permission to operate this vehicle with the IID. The written permission must identify the vehicle with the same information contained on the Installation Notice.

(b) A person to whom a RDL has been issued, shall be responsible for all breath tests performed in his or her vehicle.

(c) A person whose license is currently suspended pursuant to 23 VSA § 1201(a) (3), "under the influence of drugs or a combination of other drugs and alcohol", may not be issued a RDL.

(d) When a Vermont Driver's license is received by the Department of Motor Vehicles in connection with an application for an ignition interlock restricted driver's license, it will be immediately destroyed upon the issuance of the restricted license.

(e) An ignition interlock restricted driver's license shall be considered to be a corrected license within the meaning of 23 VSA § 613(a).

(f) A person who has been issued a license restricted to operation of a vehicle equipped with an ignition interlock device by another jurisdiction, and who is otherwise eligible for the issuance of a Vermont license, may be issued a RDL, but not a junior driver's license, in accordance with this rule.

(g) Once a person applying for a RDL pursuant to 23 VSA § 1213(e) has met the requirements of that section, an examination as required by 23 VSA § 632 shall be administered. A road test may be conducted without the individual having to obtain a learner permit.

(h) In the case of an initial application only, the ignition interlock RDL shall expire at midnight on the eve of the second anniversary of the date of birth of the applicant after issuance. Thereafter, an ignition interlock RDL must be renewed yearly.

(i) A person may request that the ignition interlock device installed in his or her vehicle be adjusted to allow a minimum breath sample of 1.2 liters of breath volume per blow. The request shall be made on a form furnished by the Commissioner and be accompanied by a certification from a licensed pulmonologist stating that the person has a lung condition that renders him or her incapable of providing a 1.5 liter sample of alveolar air. In the event that the request is granted, the manufacturer will be notified that the device may be adjusted. The manufacturer will in turn notify its installer.

(j) When providing a breath sample, the driver must be seated in the driver's seat to ensure the device's camera captures the image of the driver actively providing the breath sample. A person may not cover the camera or otherwise attempt to prevent an image of his or her face from being captured while providing breath samples for vehicle starts, when taking an initial breath test, first rolling retest and all random rolling retests.

(k) A person issued a restricted driver's license or certificate pursuant to 23 VSA § 1213 and this rule violates the terms and conditions of the restricted driver's license when the person:

(1) Operates a motor vehicle without an ignition interlock device.

(2) Requests or solicits another person to blow into or otherwise activate the device for the purpose of providing the restricted driver with an operable motor vehicle.

(3) Tampers with or disables the device or circumvents the operation of the device.

(4) Registers a 0.02 or greater BAC during a first or subsequent rolling retest.

(5) Fails to submit to three consecutive breath retests that results in a lock out state.

(6) Misses a service visit.

(7) Has the device removed from the vehicle by a manufacturer, installer or unauthorized person prior to DMV's release§ Violation of any of these conditions must result in the immediate extension of the person's RDL requirements for the time periods set out in 23 VSA § 1213(h) and (i).

Section 9 Right to Hearing

(a) A person whose application for an ignition interlock RDL is denied may request a hearing. The hearing will be held pursuant to 23 VSA § 105 - § 107. The issue at hearing is whether, by a preponderance of the evidence, the person can show cause why the decision of the Commissioner should not be upheld.

(b) A person who has been convicted or adjudicated of an offense described in 23 VSA § 1213(h) or (i) resulting in the recall of his or her RDL, may request an administrative hearing for the sole purpose of verifying the record of adjudication or conviction.

History

• EFFECTIVE DATE:
• February 21, 2012 Secretary of State Rule Log #12-002
• AMENDED:
• July 12, 2018 Secretary of State Rule Log #18-029
• STATUTORY AUTHORITY: 23 VSA §§ 1200, 1205, 1206, 1208, 1209a, 1213, 1216

Chapter 054 APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED VERMONT MOTOR VEHICLE DEALERS

14-054 Code Vt. R. 14-050-054-X APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED VERMONT MOTOR VEHICLE DEALERS

1. Persons wishing to contest the imposition of an administrative penalty must make a written request for a hearing postmarked within 15 days of the DMV administrative order imposing the penalty.

2. Hearings will be conducted via telephone unless a personal appearance hearing is specifically requested, in either case the hearing will be conducted from Montpelier.

3. Notification of the date and time of the hearing and other pertinent information will be forwarded to the address given by the individual by first class mail with a copy to the attorney, if applicable.

4. The Petitioner may represent themselves or may be represented by legal counsel and may have witnesses present.

Failure of the Petitioner to furnish a telephone number or to be available for the hearing, or failure to appear if a personal appearance hearing has been scheduled, will constitute default of the hearing. Such default will become effective one-half hour after the scheduled starting time of the hearing.

6. The purpose of the hearing will be to allow the Petitioner to show cause why the administrative penalty is not proper and should not have been imposed.

7. The hearing will be conducted with a minimum of procedural requirements, so as to provide persons an opportunity to be heard without delay and at reasonable expense to them and to the state. Witnesses will be subpoenaed only when deemed necessary by the Hearings Chief. All witnesses shall be placed under oath.

8. The hearing examiner may consider such evidence as is offered and the testimony of the Petitioner/witnesses.

9. Any request for postponement must be submitted in writing stating the reasons therefor. If the postponement is deemed warranted by the hearing examiner, it will be granted, however the new hearing must be scheduled within 30 days of the postponed hearing date.

10. A record of the proceedings shall be made and preserved in such a manner that it can be transcribed or duplicated if requested.

Neither the DMV nor the state will be responsible for payment of any expense incurred by the Petitioner pertaining to the hearing. The fees of witnesses summoned or used by the Petitioner shall be paid by the Petitioner.

12. Permission for continuances will be at the discretion of the hearing examiner.

13. The Petitioner will be mailed a written notice of the decision of the hearing examiner within 20 days of the hearing closing date.

14. The hearing examiner's findings may be reviewed under Rule 74 of the Vermont Rules of Civil Procedure.

History

• EFFECTIVE DATE:
• May 8, 2000 Secretary of State Rule Log #00-029
• STATUTORY AUTHORITY: 23 V.S.A. §§ 106, 497