2018 Vermont Statutes
Title 23 - Motor Vehicles
Chapter 29 - Snowmobiles, Motorboats, And Water Sports
§ 3317 Penalties

Universal Citation: 23 V.S.A. § 3317

§ 3317. Penalties

(a) A person who violates any of the following sections of this title shall be subject to a penalty of not more than $50.00 for each violation:

  § 3303           unnumbered boat

  § 3305(a)           unregistered boat

  § 3305(d)           old registered certificate to be returned

  § 3305(e)           compliance with federal motorboat ID system

  § 3305(h)           change of address

  § 3305(i)           incorrect number displayed on boat

  § 3305(j)           temporary registration

  § 3305a(a)           qualified person may operate

  § 3305a(c)           underage operation

  § 3305(b)           operating without boat certificate

  § 3306(a)-(d)    and (g)           lights and equipment

  § 3307a           documented boat validation sticker

  § 3308           boat rental records

  § 3309           muffling device

  § 3311(c)           distance requirements

  § 3311(d)           underwater historic preserve area

  § 3311(e)           overloaded vessel

  § 3311(h)-(i)           authority of law enforcement officer

  § 3312           rules between vessels

  § 3313(b)           failing to file report

  § 3315(a)           water ski observer

  § 3315(c)           improper ski towing

  § 3316           boat races

(b) A person who violates a requirement under 10 V.S.A. § 1454 shall be subject to enforcement under 10 V.S.A. § 8007 or 8008 or a fine under this chapter, provided that the person shall be assessed a penalty or fine of not more than $1,000.00 for each violation. A person who violates a rule adopted under 10 V.S.A. § 1424 shall be subject to enforcement under 10 V.S.A. chapter 201, provided that the person shall be assessed a penalty of not more than $300.00 for each violation. A person who violates any of the following sections of this title shall be subject to a penalty of not more than $300.00 for each violation:

  § 3306(e)                       marine toilet

  § 3312a                       operation of personal

                      watercraft

(c) A person who violates any of the following sections of this title shall be imprisoned not more than three months or fined not more than $300.00, or both, for each violation:

  § 3305a(b)            operating privilege suspended

  § 3311(a)            careless and negligent operation

  § 3311(b)            permitting use by intoxicated person

  § 3311(f)            attempting to elude a law enforcement officer

  § 3311(g)            residential vessel prohibited

  § 3313(a)            leaving scene of accident

(d) Boating while intoxicated; privilege suspension. Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title.

(e) Boating while intoxicated; criminal penalty. Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines:

(1) for a first offense, not less than $200.00 nor more than $750.00;

(2) for a second or subsequent offense, not less than $250.00 nor more than $1,000.00.

(f)(1)(A) Boating while intoxicated; death resulting. If the death of any person results from the violation of section 3323 of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not less than one year nor more than 15 years or fined not more than $10,000.00, or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter.

(B) If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(2)(A) Boating while intoxicated; serious bodily injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than 15 years, or both.

(B) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.

(g) Defective, stolen, or fraudulently registered motorboat; registration revocation or suspension. The Commissioner of Motor Vehicles or his or her authorized agent may suspend or revoke the registration of any motorboat registered in this State and repossess the number and certificate to it, when he or she is satisfied that:

(1) a motorboat has been stolen and that the registrant has not legal title; or

(2) a motorboat is in such poor mechanical or structural condition as to make it unseaworthy; or

(3) a motorboat is operated without proper equipment after the owner has been notified to procure and use such equipment as is required by law or Department rules; or

(4) the owner of a motorboat has perpetrated some fraud upon the Department of Motor Vehicles.

(h) More than two violations; education program required. Any person convicted of more than two boating violations concerning the operation of, or safety equipment on, a vessel within a two-year period shall, in addition to penalties provided for in this section, have his or her privilege to operate a vessel on the waters of this State suspended until the person has successfully completed the boating safety education program provided in section 3305b of this title. A person shall also be required to complete the program if convicted of careless or negligent operation or of operation under the influence of alcohol or drugs. The requirements of this subsection apply regardless of whether a person has completed the education program one or more times. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 7, eff. May 30, 1985; 1989, No. 65, § 11; 1999, No. 42, § 3, eff. May 25, 1999; 2003, No. 121 (Adj. Sess.), § 70, eff. June 8, 2004; 2007, No. 195 (Adj. Sess.), § 6; 2009, No. 30, § 3; 2015, No. 61, § 11, eff. June 17, 2015; 2017, No. 67, § 6, eff. June 8, 2017; 2017, No. 71, § 29, eff. June 8, 2017.)

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