§ 1213c. Immobilization and forfeiture proceedings
(a) Notice. The State shall provide the following persons with notice of an immobilization or forfeiture hearing:
(1) the defendant;
(2) the registered owner or owners;
(3) any holder of a security interest in or lien on the vehicle; and
(4) any other person appearing to be an innocent owner or operator as described in subsection (g) of this section.
(b) Content of notice. The notice shall contain the following:
(1) a description of the motor vehicle, including vehicle identification number, make, model, and year;
(2) the name of the registered owner or owners, lienholder, and any other person appearing to be an innocent owner or operator as described in subsection (g) of this section;
(3) the date, time, and place of the hearing; and
(4) a statement that any person who is an owner, an innocent owner or operator, or who holds a security interest in or claims any interest in the motor vehicle may appear and be heard at the hearing to protect the person’s interest in the motor vehicle.
(c) Service of notice. The notice of hearing shall be served as provided for in the Vermont Rules of Civil Procedure on the registered owner or owners and any lienholders as shown on the certificate of title for the vehicle as shown in the records of the department of motor vehicles in the state in which the vehicle is registered or titled.
(d) Hearing. The court shall hold a hearing to determine whether or not to order the motor vehicle immobilized or forfeited. The proceeding shall be against the motor vehicle and shall be deemed civil in nature.
(e) Hardship consideration. In determining the motion, the court may consider any undue hardship that immobilization or forfeiture would cause to a person, other than the defendant, who is dependent on the motor vehicle for essential transportation needs. In making such determination, the court shall consider any evidence of past or current domestic violence.
(f) Order. The court shall make findings of fact and conclusions of law and shall issue a final order. The court may order the motor vehicle immobilized or forfeited if the court finds that:
(1) the motor vehicle is subject to immobilization or forfeiture;
(2) the notice as required by this section was served; and
(3) no party has shown that he or she is an innocent owner or operator as described in subsection (g) of this section.
(g) Rights of innocent owner or operator. The court shall not order the immobilization or forfeiture of a motor vehicle if an owner, co-owner, or person who regularly operates the motor vehicle, other than the defendant, shows by a preponderance of the evidence that the owner, co-owner, or regular operator did not consent to or have any express or implied knowledge that the motor vehicle was being or was intended to be operated in a manner that would subject the motor vehicle to immobilization or forfeiture, or that the owner, co-owner, or regular operator had no reasonable opportunity or capacity to prevent the defendant from operating the motor vehicle.
(h) Rented or leased vehicles. A vehicle that is rented or leased for a period of less than one year shall not be subject to immobilization or forfeiture unless it is established in the proceedings that the owner of the rented or leased vehicle knew of or consented to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture.
(i) Lienholder. If the court finds that a person has an enforceable lien on or other interest in the motor vehicle that is not held through a straw purchase, trust, or otherwise for the actual benefit of another and that the person did not know of or consent to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture, the court shall:
(1) permit the person to enforce the lien or other interest as provided by law if such enforcement does not result in the return of the motor vehicle to the defendant; or
(2) upon immobilization or forfeiture, order compensation to the person, to the extent of the person’s interest, from the proceeds of the resulting sale.
(j) Order of forfeiture. If the court orders the motor vehicle forfeited, it shall be delivered into the custody of the Commissioner of Buildings and General Services, who shall dispose of the motor vehicle pursuant to 29 V.S.A. § 1556. The proceeds from the sale of the vehicle shall first be used to offset any costs of selling the vehicle and then, after any liens on the vehicle have been paid in full, applied to any unpaid restitution owed by the defendant in connection with the charge that resulted in forfeiture. Any balance remaining shall be deposited into the General Fund.
(k) Appeal. A decision of the court under this section may be appealed as a matter of right to the Supreme Court.
(l) Disbursement of proceeds. Proceeds from the defendant’s payment of the release fee and towing and impoundment costs shall be disbursed to the law enforcement agencies that incurred the costs.
(m) Owning, leasing, and renting prohibited. After issuance of an immobilization or forfeiture order, and during the defendant’s license suspension or revocation period, the defendant shall not operate, purchase, lease, or rent a motor vehicle. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
(n) Selling or encumbering prohibited.
(1) Except as provided in subdivision (2) of this subsection, after a person is detained, arrested, lodged, or released upon citation for a second or subsequent violation of section 1201 of this title, no person shall sell, transfer, or encumber the title to a vehicle that the person knows may be subject to immobilization under section 1213a of this title or forfeiture under section 1213b of this title, unless approved by the court in which the charge is filed for good cause shown. A person who violates this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
(2) If the State has not commenced a prosecution for a second or subsequent violation of section 1201 of this title within 90 days of the detention, arrest, lodging, or release upon citation, the person may sell, transfer, or encumber the subject vehicle.
(o) Funding. A law enforcement or prosecution agency conducting forfeitures under this section may accept, receive, and disburse in furtherance of its duties and functions under this section any appropriations, grants, and donations made available by the State of Vermont and its agencies, the federal government and its agencies, any municipality or other unit of local government, or private or civil sources. (Added 1997, No. 117 (Adj. Sess.), § 20; amended 2001, No. 146 (Adj. Sess.), § 4; 2003, No. 41, § 1; 2007, No. 40, § 7; 2009, No. 154 (Adj. Sess.), § 161; 2015, No. 53, § 8; 2019, No. 131 (Adj. Sess.), §§ 195, 196.)
Structure Vermont Statutes
Chapter 13 - Operation of Vehicles
§ 1004. Interstate highway rules
§ 1006. Stopping at railroad crossings
§ 1006a. Highways; emergency closure
§ 1006b. Smugglers’ Notch; winter closure of Vermont Route 108; vehicle operation prohibited
§ 1006c. Chain requirements for vehicles with weight ratings of more than 26, 000 pounds
§ 1007a. Neighborhood electric vehicles; speed limit
§ 1008. Regulations in municipalities
§ 1008a. Regulation of motor vehicles at State airports
§ 1009. Restrictions of controlled-access roadway
§ 1010. Special occasions; town highway maintenance
§ 1011. Applicability of this chapter
§ 1012. Obedience to enforcement officers
§ 1013. Authority of enforcement officers
§ 1014. Persons riding animals
§ 1015. Authorized emergency vehicles
§ 1017. Speed limit in school zones
§ 1021. Obedience to traffic-control devices
§ 1022. Traffic-control signals
§ 1023. Pedestrian-control signals
§ 1027. Unauthorized signs, signals, or markings
§ 1028. Interference with devices or signals
§ 1032. Passing vehicles proceeding in opposite directions
§ 1033. Passing motor vehicles and vulnerable users
§ 1037. One-way roadways and rotaries
§ 1038. Driving on roadways laned for traffic
§ 1039. Following too closely, crowding, and harassment
§ 1040. Driving on divided highways
§ 1041. Restricted access roadways
§ 1042. Restricting the use of town highways
§ 1043. Operation of neighborhood electric vehicles
§ 1046. Vehicle approaching or entering intersection
§ 1048. Stop or yield intersections
§ 1049. Vehicle entering from private road
§ 1050a. Authorized highway maintenance vehicles
§ 1051. Pedestrians’ right of way in crosswalks
§ 1052. Crossing except at crosswalks
§ 1054. Pedestrians to use right half of crosswalks
§ 1055. Pedestrians on roadways
§ 1057. Duty toward persons who are blind
§ 1059. Driving through safety zone
§ 1061. Turning at intersections
§ 1063. Starting parked vehicles
§ 1064. Signals required; general obligation to turn and move safely
§ 1071. Railroad grade crossings
§ 1072. Certain vehicles must stop
§ 1074. Vehicle entering roadway
§ 1076. Commercial motor vehicles; railroad crossings
§ 1081. Basic rule and maximum limits
§ 1083. Special speed limitations
§ 1091. Negligent operation; grossly negligent operation
§ 1092. Damaging surface of road
§ 1094. Operation without consent of owner; aggravated operation without consent of owner
§ 1095. Entertainment picture visible to the operator
§ 1095a. Junior operator use of portable electronic devices
§ 1095b. Handheld use of portable electronic device prohibited
§ 1098. Disposition of pending cases
§ 1101. Stopping, standing, or parking
§ 1102. Removal of stopped vehicles
§ 1105. Additional parking regulations
§ 1106. Limitations on use of State highway facilities
§ 1110. Prohibited idling of motor vehicles
§ 1111. Unattended motor vehicle
§ 1113. Limitations on backing
§ 1114. Riding on motorcycles and motor-driven cycles
§ 1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic
§ 1116. Clinging to other vehicles
§ 1117. Footrests and handlebars
§ 1118. Obstruction to driver’s view
§ 1119. Opening and closing vehicle doors
§ 1122. Following fire apparatus prohibited
§ 1123. Driving over fire hose prohibited
§ 1125. Obstructing windshields, windows
§ 1126. Putting glass, other items, on highway prohibited
§ 1126a. Depositing snow onto or across certain highways prohibited
§ 1127. Control in presence of animals
§ 1130. Permitting unlicensed or impaired person to operate
§ 1133. Eluding a police officer
§ 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis
§ 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis
§ 1134b. Using tobacco or cannabis in a motor vehicle with child present
§ 1135. Trespass by motor vehicle
§ 1136. Application of subchapter; rights and obligations of bicyclists under other laws
§ 1138. Clinging to motor vehicles
§ 1139. Riding on roadways and bicycle paths
§ 1141a. Electric personal assistive mobility devices (EPAMD); required equipment; operation
§ 1143. Not evidence of negligence
§ 1201c. Calculation of suspensions and revocations
§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other drug
§ 1203. Administration of tests; retention of test and videotape
§ 1203a. Independent chemical test; blood tests
§ 1203b. Duty to report blood test results
§ 1205. Civil suspension; summary procedure
§ 1206. Suspension of license for driving while under influence; first conviction
§ 1208. Suspensions for subsequent convictions
§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs
§ 1211. Construction of cross references
§ 1212. Conditions of release and parole; arrest upon violation
§ 1213. Ignition interlock restricted driver’s license or certificate; penalties
§ 1213a. Immobilization of vehicle
§ 1213b. Forfeiture of vehicle
§ 1213c. Immobilization and forfeiture proceedings
§ 1216. Persons under 21 years of age; alcohol concentration of 0.02 or more
§ 1218. Commercial motor vehicles; 0.04
§ 1219. Commercial motor vehicle; detectable amount; out-of-service
§ 1220a. DUI Enforcement Special Fund
§ 1220b. Blood and Breath Alcohol Testing Special Fund
§ 1221a. Defective equipment warning
§ 1222. Inspection of registered vehicles
§ 1222a. Emissions of diesel-powered commercial vehicles
§ 1224. Inspection certificates
§ 1227. Certified inspection mechanics
§ 1228. Mechanic certification; inspection designation; revocation
§ 1231. Administrative penalties
§ 1245. Illumination required on motorcycles
§ 1247. Approval of lighting devices
§ 1249. Directional signal lamps
§ 1251. Sirens and colored signal lamps; out-of-state emergency and rescue vehicles
§ 1252. Issuance of permits for sirens or colored lamps, or both; use of amber lamps
§ 1258. Child restraint systems; persons under age 18
§ 1259. Safety belts; persons 18 years of age or older
§ 1282. Operator, equipment, and inspection
§ 1283. Identification and equipment of school buses
§ 1287. Multifunction school activity bus
§ 1302. Rubber tires on trucks; number of trailers
§ 1307. Brake equipment required
§ 1308. Performance ability of brakes
§ 1341. Trailer coaches—Safety chain
§ 1344. Riding in trailer coaches
§ 1361. Lights on vehicles other than motor vehicles
§ 1391a. Penalties for overweight operation
§ 1392. Gross weight limits on highways
§ 1392a. Authority of Commissioner to delegate permitting functions
§ 1394. Designation of class 1 town highways
§ 1396. Special weight limits for bridges and highways
§ 1397a. Special limits for covered bridges
§ 1398. Certified statement to be filed
§ 1400. Permit to operate in excess of weight and size limits; State highways
§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits
§ 1400b. Filing of restrictions, publication
§ 1400c. Gross limits on town highways and bridges
§ 1400d. Agricultural service vehicles
§ 1402. Overweight, width, height, and length permits; fees
§ 1403. Expiration or revocation
§ 1405. Actions against the bond
§ 1406. Federally owned vehicles
§ 1407. Operation of overweight vehicles
§ 1408. Operating vehicle in excess of registered capacity
§ 1411. Refusal to weigh vehicle or remove overload
§ 1412. Multiple weight violations
§ 1413. Disposition of impounded vehicles and loads
§ 1414. Reciprocal enforcement
§ 1415. Transfer of weight permits
§ 1431. Height and width limits
§ 1434. Operation in excess of weight, height, or width limits; penalties
§ 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund
§ 1437. Exception for towaway trailer transporter combination
§ 1451. Loads on passenger cars