Motor carrier safety standard rules

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§ 2101. Motor carrier safety standard rules

(a) The Secretary of Transportation is authorized to promote safety in motor carrier safety standards, and furthermore:

(1) Is authorized to make rules under 3 V.S.A. chapter 25 governing motor carrier safety standards as they apply to the transportation of passengers and goods by commercial motor vehicles. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation. These rules shall be no less protective of public safety than the rules adopted by the federal government regarding motor carrier safety standards, but a rule shall not prohibit a person between the ages of 18 and 21 from operating a motor vehicle in intrastate commerce.

(2) Is authorized to enforce these rules through the use of agency staff, or others, pursuant to cooperative agreement.

(3) Is authorized to enter into cooperative agreements with agencies of this and other states and of the federal government in relation to enforcement of these rules and rules or regulations adopted by the federal government which apply to transportation in Vermont.

(b) It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.

(c) Any person who violates these rules shall be subject to a penalty of not more than $1,000.00.

(d) Notwithstanding any other provision of this chapter or other law whether general, special, or local, violations of any rules adopted pursuant to this section involving the operation of a motor vehicle may be charged through the use of a traffic complaint prescribed by the Supreme Court pursuant to 4 V.S.A. § 1105.

(e) The regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in parts 40, 350, 360, 365, 372, 381-383, 385-388, 390-397, and 399 of Title 49 of the Code of Federal Regulations, revised as of October 1, 2008, and any amendment or addition to these regulations may be adopted by the Secretary of Transportation. (Added 1989, No. 182 (Adj. Sess.), § 2, eff. May 16, 1990; amended 1991, No. 193 (Adj. Sess.), § 2, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 10; 2003, No. 26, § 1; 2009, No. 152 (Adj. Sess.), § 11.)


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