§ 304 - Registration certificates; number plates - Vermont Statutes

§ 304. Registration certificates; number plates

(a) The commissioner shall issue to the registrant of a motor vehicle a certificate of registration in the form the commissioner may prescribe, on which shall appear the name of the registrant, his or her address, a brief description of the vehicle registered, and the date of registration. The commissioner shall also assign to each motor vehicle registered a distinctive number and issue a number plate or plates showing the assigned number. The number plate or plates issued shall be of the material, size, shape and color, and with the numerals or letters thereon, the commissioner may determine, and shall be reflectorized in part or in whole. The certificate and number plates shall be delivered free of charge by the commissioner to the registrant as soon as may be after receipt and acceptance of application for registration.

(b) The authority to issue special motor vehicle number plates or receive applications or petitions for special number plates for safety organizations and service organizations shall reside with the commissioner. Determination of compliance with the criteria contained in this subsection shall be within the discretion of the commissioner. Series of number plates for safety and service organizations which are authorized by the commissioner shall be issued in order of approval, subject to the operating considerations in the department as determined by the commissioner. The commissioner shall issue special number plates marked with initials, letters, or combination of numerals and letters, in the following manner:

(1) Except as otherwise provided, at the request of the registrant of any motor vehicle, upon application and upon payment of an annual fee of $38.00 in addition to the annual fee for registration. He or she may not issue two sets of special number plates bearing the same initials or letters unless the plates also contain a distinguishing number. Special number plates are subject to reassignment if not renewed within 60 days of expiration of the registration.

(2) For the purposes of this subdivision, "safety organizations" shall include groups which have at least 100 instate members in good standing and provide police and fire protection, rescue squads, national guard, together with those organizations required to respond to public emergencies. It shall include amateur radio operators licensed by the U.S. Federal Communications Commission. For purposes of this subdivision, "service organization" includes any group which (i) has as a primary purpose, service to the community through specific programs for the improvement of public health, education, or environmental awareness and conservation, and are not limited to social activities; (ii) has nonprofit status under Section 501(c)(3) or (10) of the United States Internal Revenue Code, as amended; (iii) is registered as a nonprofit corporation with the office of the secretary of state; and (iv) except for a military veterans group, has at least 100 instate members in good standing. "Service organization" also includes congressionally chartered and noncongressionally chartered United States military service veterans groups.

(A) At the request of the leader of a safety organization or service organization, upon application and payment of a fee of $15.00 for each set of plates in addition to the annual fee for registration, special plates indicating membership in one of the "safety organizations" or "service organizations" may be issued to registrants of vehicles registered at the pleasure car rate and of trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, who are members of these organizations. The applicant must provide a written statement from the appropriate official of the organization, authorizing the issuance of the plates.

(B) At the time that an organization requests the plates, it shall deposit $2,000.00 with the commissioner. Notwithstanding section 502 of Title 32, the commissioner may charge the actual costs of production of the plates against the fees collected and the balance shall be deposited in the transportation fund. For the first 100 sets of plates issued, $15.00 of this deposit shall be deemed to be the safety organization or service organization special plate fee for each authorized applicant. Of this deposit, $500.00 shall be retained by the department to recover costs of developing the organization plate. When the initial deposit of $1,500.00 is depleted, applicants shall be required to pay the $15.00 fee as provided for in subdivision (1) of this subsection. Notwithstanding section 502 of Title 32, the commissioner may charge the actual costs of production of the plates against the fees collected and shall remit the balance to the transportation fund. No organization shall charge its members any additional fee or premium charge for the authorization, right or privilege to display these special number plates. This provision shall not prevent any organization from recovering up to $1,500.00 from applicants for the special plates.

(C) After consulting with representatives of the safety or service organization, the commissioner shall determine the design of the special plates, on the basis that the primary purpose of motor vehicle number plates is vehicle identification. An organization applying for a special plate under this subsection shall present the commissioner with a name and emblem that is not obscene, offensive or confusing to the general public and does not promote, advertise or endorse a product, brand, or service provided for sale, or promote any specific religious belief or political party. The organization's name and emblem must not infringe or violate trademarks, trade names, service marks, copyrights, or other proprietary or property rights and the organization must have the right to use the name and emblem. The organization shall designate an officer or member to act as the principal contact and to submit a distinctive emblem for use on a special number plate, if authorized. An organization may have only one design, regardless of the number of individual organizational units within the state that may provide the same or substantially similar services. Nothing herein shall be construed as authorizing any individual squad, department, or unit to request a unique or specially designed plate different than the plate designed by the commissioner.

(D) When an individual's membership in a qualifying organization ceases or is terminated, the individual shall surrender any special registration plates issued under this subsection to the commissioner forthwith. However, a retired member of the Vermont national guard may retain or upon payment of a $10.00 fee, acquire the special guard plates after notification of eligibility for retired pay has been received.

(c) The commissioner shall issue registration numbers 101 through 9999 which shall be known as reserved registration numbers for pleasure cars or motor trucks that are registered at the pleasure car rate in the following manner:

(1) A person holding a registration number between 101 and 9999 may retain the number for the ensuing registration period, provided application is made prior to or within 60 days of the expiration of the registration.

(2) If the registrant does not renew the registration, the number may be reassigned to a member of the immediate family if application is made within 60 days of the expiration of the registration. As used herein, "immediate family" means the spouse, household member, grandparents, parents, siblings, children, or grandchildren of the registrant.

(3) The commissioner shall restrict the issuance of these registrations to residents of this state and may restrict issuance to applicants who do not already have such a registration issued to them.

(4) A person holding a registration number between 101 and 9999 on a pleasure car may also have the same number on a truck that is registered at the pleasure car rate, and vice versa.

(d) Special number plates whether new or renewed shall be issued in any combination or succession of numerals and letters provided the total of the numbers and letters on any plate taken together does not exceed seven, and further provided the requested combination of letters and numerals does not duplicate or resemble a regular issue registration plate. The commissioner may adopt rules for the issuance of special number plates to ensure that all plates serve the primary purpose of vehicle identification. The commissioner may revoke any plate described in subdivisions (1) through (7) of this subsection and shall not issue special number plates with the following combination of letters or numbers:

(1) Combinations of letters or numbers with any connotation, in any language, that is vulgar, derogatory, profane, racial epithets, 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:

(A) any illicit drug, narcotic, intoxicant, or related paraphernalia;

(B) the sale, the user, or the purveyor of such substance;

(C) the physiological state produced by such a substance.

(4) Combinations 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 subdivisions (1) through (6) of this subsection.

(e) [Deleted.]

(f) Upon the request of a registrant of a motor vehicle with the previous issue number plates, the commissioner shall issue current issue number plates bearing the same number as shown on the previous issue plates that are being replaced. The initial one-time fee for the plates shall be $20.00 in addition to the regular registration fee. Official plates and plates with numbers of 9999 or lower are specifically exempted.

(g) Number plates bearing the Vermont coat of arms may be issued only to the governor, members of the Vermont congressional delegation and members of the general assembly.

(h) The department, on a quarterly basis, shall provide information to licensed inspection stations for distribution to the owners of motor vehicles during the annual inspection of their motor vehicles. That information shall encourage the proper management of used oil, and shall include the telephone number of a recycling hotline, which residents may call to determine the availability of a collection service that accepts used oil at the curb, or otherwise to find the nearest location to recycle used oil.

(i) The department and the agency of natural resources shall work cooperatively regarding opportunities to provide information to the public with respect to the proper management of used oil, and shall take appropriate steps to implement efficient and effective information distribution measures mutually agreed upon by the department and the agency.

(j) The commissioner of motor vehicles shall, upon proper application, issue special plates to Vermont veterans, as defined in 38 U.S.C. § 101(2), for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. The type and style of the veterans' plate shall be determined by the commissioner, except that an American flag, or a veteran- or military-related emblem selected by the commissioner and the Vermont office of veterans' affairs shall appear on one side of the plate. At a minimum, emblems shall be available to recognize recipients of the Purple Heart, Pearl Harbor survivors, former prisoners of war, and disabled veterans. An applicant shall apply on a form prescribed by the commissioner, and the applicant's status both as a veteran and as a member of one of the groups recognized will be certified by the office of veterans' affairs. The plates shall be reissued only to the original holder of the plates or the surviving spouse. The commissioner may adopt rules to implement the provisions of this subsection. Except for new or renewed registrations, applications for the issuance of veterans' plates shall be processed in the order received by the department subject to normal workflow considerations. The costs associated with developing new emblems shall be borne by the department of motor vehicles.

(k) The commissioner of motor vehicles shall, upon proper application, issue special plates to gold star family members, as defined in 10 U.S.C. § 1126, for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. The type and style of the gold star plate shall be determined by the commissioner, except that a gold star shall appear on one side of the plate. An applicant shall apply on a form prescribed by the commissioner, and the applicant's eligibility will be certified by the office of veterans' affairs. A plate shall be reissued only to the original holder of the plate. The commissioner may adopt rules to implement the provisions of this subsection. Except for new or renewed registrations, applications for the issuance of gold star plates shall be processed in the order received by the department subject to normal workflow considerations. (Amended 1961, No. 54, § 2, eff. April 1, 1962; 1965, No. 154, § 1; 1967, No. 129, § 2; 1975, No. 218 (Adj. Sess.), § 7, eff. April 1, 1976; 1977, No. 258 (Adj. Sess.), §§ 1, 2, eff. April 19, 1978; 1979, No. 190 (Adj. Sess.), § 1; 1987, No. 112, § 5; 1987, No. 230 (Adj. Sess.); No. 241 (Adj. Sess.), § 13; 1989, No. 51, § 11; No. 82, § 1, eff. Jan. 1, 1990; 1991, No. 178 (Adj. Sess.), § 1, eff. Dec. 1, 1992; 1993, No. 220 (Adj. Sess.), § 2; No. 233 (Adj. Sess.), § 93, eff. June 21, 1994; 1995, No. 49, § 3, eff. April 20, 1995; 1995, No. 112 (Adj. Sess.), § 4; No. 189 (Adj. Sess.), § 17; 1997, No. 85 (Adj. Sess.), §§ 1, 2; 1997, No. 85 (Adj. Sess.), § 3, eff. Nov. 11, 1998; 1999, No. 1, § 77c, eff. March 31, 1999; 1999, No. 155 (Adj. Sess.), § 12e; 2001, No. 102 (Adj. Sess.), § 6, eff. May 15, 2002; 2003, No. 109 (Adj. Sess.), §§ 1, 2; No. 160 (Adj. Sess.), § 62, eff. June 9, 2004; 2005, No. 175 (Adj. Sess.), § 27; 2007, No. 61, § 3; 2007, No. 181 (Adj. Sess.), §§ 1-3, eff. May 30, 2008; 2009, No. 50, § 37.)