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.
