14-001 Code Vt. R. 14-050-001-X - ALL-TERRAIN VEHICLES

GENERAL PROVISIONS

(A) Dealer Registrations and Fees.

(1) ATV (All-terrain vehicle)

"All-terrain vehicle" or "ATV" means any nonhighway recreational vehicle, except snowmobiles, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland and natural terrain.

(2) ATV dealer

Any person engaged in the manufacture or sale of all-terrain vehicles shall obtain registration certificates and identifying number plates subject to rules which may be adopted by the commissioner ...

(B) Expiration of Dealer Plates.

ATV dealer registrations shall expire on the last day of February next following the date of issue.

(C) Use of Dealer Plates.

NOTE: The word "Dealer" for the purposes of these regulations shall include the principal officers of a corporation registered as dealer and the partners in a co-partnership registered as dealer as are actively and principally engaged in the business, but shall not include directors and stockholders nor inactive or silent partners.

A dealer plate shall be used for the following purposes only:

(1) Testing.

(2) Adjusting.

(3) Demonstrating.

(4) Temporary use of customers for a period not to exceed seven days.

(5) Private business (dealer related) or pleasure use of the dealer or members of the dealer's immediate family.

(6) Use at fairs, shows or races when no charge is made for such use.

NOTE: The ATV dealer plate must be attached to the vehicle mounted on the plate bracket to be clearly visible from the rear, and securely fastened.

(D) Use by Other Than Dealers.

A person other than a dealer shall not operate an ATV with dealer plate attached unless such person carries a written authority to do so signed by the dealer whose ATV such person is operating.

(E) Employees Use of Dealer Plates.

Employees of a dealer shall not operate, and a dealer shall not permit them to operate, an ATV with dealer's registration plate displayed thereon, except for business purposes of the dealer.

(F) Return of Number Plates by Dealer.

If a dealer comes into possession of an ATV, the registration of which has expired by reason of the transfer of ownership of the vehicle, and which has an ATV plate attached thereto, the dealer shall immediately return such number plate to the commissioner.

(G) Loaning of Plates or Vehicles Prohibited.

A dealer shall not loan number plates which have been assigned to the dealer under the provisions of this chapter, nor shall the dealer loan an ATV to which the dealer's number plates have been attached, nor loan the dealer's number plates to a sub-agent.

(H) Renting or Leasing.

No dealer shall rent or lease ATVs with dealer plates attached.

(I) General Prohibition.

A dealer shall not operate an ATV nor permit the same to be operated under dealer's registration numbers, except as specifically permitted in these regulations.

(J) Use of Dealer Plates.

ATV dealer plates may be used on ATVs only.

FOR OFF-HIGHWAY USE ONLY

(K) Lost or Stolen Dealer Plates.

If a dealer plate is lost or stolen, the dealer shall immediately notify the nearest State Police authority and MUST also notify the Department of Motor Vehicles, Dealer Section.

If a replacement plate is desired, mail a request for a duplicate to the Department of Motor Vehicles, Attention, Dealer Clerk, along with a letter or duplicate plate request stating the original was lost, stolen or destroyed.

If the plate is reported to the Department of Motor Vehicles as lost or stolen, it will be entered into the National Crime Information Center (NCIC) system and the registration will be cancelled. If the lost or stolen plate is later recovered it must be returned to the Department of Motor Vehicles and cannot be used again.

(L) Dealer Records Required.

On a form prescribed by the commissioner, every licensed ATV dealer shall maintain a record containing the following information. The records shall be open to inspection by any law enforcement officer during reasonable business hours.

(1) Every ATV which is bought, sold or exchanged by the licensee or received or accepted by the licensee for sale or exchange;

(2) Every ATV which is bought or otherwise acquired and dismantled by the licensee;

(3) The name and address of the person from whom such ATV was purchased or acquired, the date thereof, name and address of the person to whom any such ATV was sold or otherwise disposed of and the date thereof, a sufficient description of every such ATV by name and identifying numbers thereon to identify same.

(M) Report of Sales.

On a form prescribed by the commissioner, every licensed ATV dealer shall report the sale or exchange of every ATV. The report of sales must be made out on all sales, including dealer swaps, retail, and wholesale, sales or exchanges.

(N) Equipment Required for Sale.

(1) Off-highway use: All all-terrain vehicles shall be equipped with one or more headlights, a red rear light, all in working order, brakes in good mechanical condition, an efficient muffler and such other equipment and devices as may be required to meet the noise level specifications, a plate mounting bracket, and if equipped with a windshield it shall be free from sharp and jagged edges.

No person shall sell or offer to sell within the State of Vermont an all-terrain vehicle unless it complies with the sound requirements specified under the law.

ATVs registered for off-road use only shall not be subject to 23 V.S.A. § 1222 (inspection of registered vehicles), except as noted above.

(2) On-highway use: Those ATVs registered for on-highway use must meet the inspection requirements as any other vehicle of a similar type registered. Example: 3-wheel ATV registered for highway use would be inspected as a motorcycle.

TEMPORARY PLATES

(A) Purchase of Temporary Plates & Fees.

(1) On-Highway

(See Vermont Dealer Guide-motorcycle section.)

(2) Off-Highway

Any time during the registration year a dealer may request and upon the payment of a fee the commissioner shall issue number plates of such material and color as the commissioner may determine for the temporary accommodation of the registrant.

NOTE: When requesting temporary plates, send fee and request directly to the attention of the "Dealer Clerk".

(B) Use of Temporary Plates.

Upon the sale or exchange of an ATV which is to be registered in this state, a dealer may issue to the purchaser for the attachment to such ATV, a temporary number plate, provided that the purchaser deposits with such dealer, for transmission to the commissioner a properly executed application for registration of such ATV, and the proper fees required. The purchaser, if properly licensed, on attaching the temporary plate to the ATV, may operate the same for a period not to exceed 60 consecutive days immediately following the purchase. A person shall not operate an ATV with a temporary number plate except as provided in these regulations.

(C) Notice to Commissioner.

Upon issuing a set of temporary number plates to a purchaser for attachment to an ATV, a dealer shall immediately forward to the commissioner the application and fees, deposited with him or her by the purchaser, together with notice of such issue and such other information as the commissioner may require.

(D) Restrictions on Use of Temporary Plates.

(1) A dealer shall not use, attach or issue a temporary number plate except as provided in (B) and (C) above.

(2) Do not issue or attach temporary plate until the sale is completed. Once the temporary plate is attached, the ATV is legally registered and all fees must be submitted.

(3) Do not issue more than one temporary plate per sale unless the original was lost or stolen. You may issue a duplicate, but it must bear the same expiration date as the original. The white copy of the duplicate temporary registration certificate should be mailed to the Department of Motor Vehicles immediately and should state duplicate issued in lieu of (old number), lost or stolen.

(4) Do not issue a temporary plate to an ATV not sold by your dealership.

(5) Do not issue a temporary plate not issued to your dealership.

NOTE: In-transit permits shall not be issued to ATVs.

(E) Procedure for Issuing Temporary Plates.

Issue plates in numerical sequence starting with the smallest number issued. Fill out appropriate spaces on plate and on temporary registration certificate. Mail registration application, all supporting documents, fees, report of sale, and one copy of the form to the Department of Motor Vehicles immediately. Issue one copy of form to purchaser. Retain one copy of the form in dealer records.

NOTE: It is extremely important that the temporary plate number be entered in the space on the temporary registration certificate before issuing the plate to the customer.

(F) Procedure When Sale is Cancelled.

In case a temporary plate is made out in error, or the sale is cancelled before the plate is issued, maintain all copies of the temporary registration certificate and plate, with an explanation for future reference.

All records, temporary plates and certificates and reports of sales will be audited at least once each registration year.

ITEMS REQUIRED TO REGISTER OR TRANSFER

(A) New Registration.

(1) Registration and tax application, properly completed.

(2) Temporary plate/registration certificate, if issued.

(3) Report of sale.

(4) Proper fee (including sales and use tax or proof of tax paid).

(B) Transfer.

(1) Registration and tax application, properly completed, marked transfer.

(2) Previous registration certificate properly endorsed to the new owner.

(3) Report of sale.

(4) Proper fee (including sales and use tax or proof of tax paid).

NOTE: If transfer is being made to another ATV, the registration plate does not have to be returned.

Notes

14-001 Code Vt. R. 14-050-001-X

Effective Date: January 25, 1985 (Secretary of State Rule Log #85-10)
AMENDED: February 17, 1998 (Secretary of State Rule Log #98-5)

Statutory Authority: 23 V.S.A. § 3514