Vermont Statutes Title 23 Sec. 1042
Terms Used In Vermont Statutes Title 23 Sec. 1042
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 1042. Restricting the use of town highways
(a) The legislative body of a municipality may, with the approval of the Secretary of Transportation, designate highways and bridges under its control, except for class 1 town highways, for use by specified types of motor vehicles based on volume and type of traffic and character of the neighborhood. However, when the legislative body of a municipality requests in writing, the Secretary of Transportation may set the weight limit on a class 1 town highway at less than the State highway limit under section 1392 of this title if a reasonable alternative route is available for those vehicles traveling at the State highway limit. When a highway or bridge has been so restricted, signs shall be placed in accordance with the provisions of section 1397 of this title.
(b) In making the determination as to whether a reasonable alternative route is available, the Secretary of Transportation shall, at a minimum, consider the following factors:
(1) whether the alternative routing will reduce or relieve traffic congestion in a downtown area;
(2) whether the alternative routing will enhance safety;
(3) the length of the alternative route and any increase in time made necessary by use of the alternative route; and
(4) whether an adverse effect has been created relative to the quiet enjoyment and property values of persons living along the alternative route.
(c) Any decision of the Secretary made under this section may be appealed, in writing, to the Transportation Board within 30 days of the Secretary’s decision. The Transportation Board shall decide the question within 45 days of receipt of the appeal, and may take evidence or testimony.
(d) [Repealed.] (Added 1989, No. 121, § 20b, eff. June 22, 1989; amended 1995, No. 119 (Adj. Sess.), § 3; 1999, No. 154 (Adj. Sess.), § 16; 2007, No. 164 (Adj. Sess.), § 63; 2019, No. 131 (Adj. Sess.), § 175; 2021, No. 20, § 239; 2021, No. 105 (Adj. Sess.), § 418, eff. July 1, 2022.)