Terms Used In Vermont Statutes Title 5 Sec. 2003

  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
  • Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
  • Secretary: means the Secretary of Transportation. See

§ 2003. Transportation of radioactive materials; preferred routes

(a) The Secretary of Transportation, following consultation with the Commissioner of Health and the Commissioner of Public Safety, shall designate any highway as a part of a preferred route for the transportation of fissile radioactive materials and large quantity packages of radioactive materials as defined by the U.S. Department of Transportation in order to cause the least risk to persons and property. The Secretary shall confer with the governing body of a municipality regarding the establishment of a preferred route within the boundaries of its jurisdiction and give its timely opinion due consideration.

(b) A person who violates the order of the Secretary and transports radioactive materials in violation of this section shall be subject to the following penalties:

(1) civil penalty—a maximum penalty of up to $10,000.00 per day for each violation;

(2) criminal penalty—a fine of not more than $25,000.00 or imprisonment for not more than five years, or both. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 9.)