§ 301a - Registration of motor trucks, tractors, trailers, and semi-trailers by motor carriers
§ 301a. Registration of motor trucks, tractors, trailers, and semi-trailers by motor carriers
(a) For the purposes of this section only, the following definitions shall apply:
(1) "Terminal" means a building owned or leased and used by a motor carrier for handling and temporary storage of freight.
(2) "Motor carrier" means a person which regularly uses one or more terminals in Vermont and two or more terminals in other states, and regularly transports freight between its Vermont terminals, between its Vermont terminals and terminals in other states, and between its terminals in other states.
(3) "Motor vehicle" includes only motor trucks, tractors, trailers, and semi-trailers when at least 75 percent of the annual mileage of the motor vehicle is operated transporting freight between terminals.
(b) Motor trucks, tractors, trailers, and semi-trailers owned or leased by a resident and used to transport freight to or from places of business in Vermont must be registered in Vermont except as otherwise provided in this section.
(c) When a motor carrier registers in Vermont that percentage of its total motor vehicles as defined in this section registered in all states or foreign countries equal to that percentage of the total mileage of those motor vehicles represented by their mileage operated in Vermont, as determined by the commissioner, except that one trailer or semi-trailer shall be registered for each tractor registered pursuant to this section, then it may operate in Vermont its motor vehicles registered in other states or foreign countries. The name of the company using such a motor vehicle shall be prominently displayed on such vehicle.
(d)(1) When a motor carrier applies to register its motor vehicles as defined herein pursuant to the terms of this section, it shall supply to the commissioner the following information about its operations carried on during the calendar year ending prior to the registration period for which application is made:
(A) Total mileage operated in all states and foreign countries by those motor trucks and tractors included in the definition of "motor vehicle";
(B) Total mileage operated in Vermont by those motor trucks and tractors included in the definition of "motor vehicles";
(C) Total mileage operated by those motor trucks and tractors included in the definition of "motor vehicles" between all terminals wherever located;
(D) Total number of motor vehicles as herein defined registered in all states during registration period preceding period for which application is made;
(E) Total number of motor vehicles as herein defined proposed to be used during the registration period for which application is made;
(F) That number of motor vehicles listed in subdivision (5) of this subsection proposed to be registered in Vermont during the registration period for which application is made;
(G) Number and location of terminals.
(2) In addition to the foregoing, the motor carrier shall furnish the commissioner on request at his or her office in Montpelier any and all other information relating to its trucking operations deemed relevant by the commissioner to a determination of the number and type of motor vehicles as herein defined to be registered.
(3) The commissioner shall then determine the number and type of such motor vehicles to be so registered. The commissioner shall notify the motor carrier in writing thereof within 15 days of the receipt by the commissioner of the relevant information required by him or her.
(4) If the motor carrier objects to the determination made by the commissioner, it shall so advise the commissioner in writing, within ten days of notification by the commissioner of the number and type of motor vehicles as herein defined to be registered, whereupon the commissioner shall set a date for a hearing at which the motor carrier may introduce evidence. The hearing date shall be within ten days after receipt by the commissioner of said objection. Written notice of said hearing date shall be given to the motor carrier by certified mail.
(5) Within ten days after the hearing, the commissioner shall determine the number and type of motor vehicles as herein defined to be registered in Vermont, and notice of his or her determination shall be given to the motor carrier in writing by certified mail. The motor carrier shall then register that number and type of motor vehicles determined by the commissioner.
(e) The final determination of the commissioner may be reviewed in accordance with and in the manner provided by chapter 25 of Title 3 as amended from time to time and by the Vermont Rules of Appellate Procedure as amended from time to time. Thereupon, appropriate proceedings shall be had and the relief, if any, to which the motor carrier may be found entitled may be granted and any registration fees paid because of an erroneous determination by the commissioner shall be ordered refunded to the motor carrier and judgment entered accordingly.
(f) The commissioner shall make such rules and regulations, and prescribe such forms as are necessary to carry out the provisions of this section. (Added 1961, No. 97, § 2, eff. May 3, 1961; amended 1963, No. 21, § 2, eff. March 26, 1963; 1975, No. 64, § 1, eff. April 18, 1975; 1977, No. 177 (Adj. Sess.), §§ 9, 10, eff. May 1, 1978.)