§ 1431. Height and width limits

(a) Except for the provisions of subsection (c) of this section, motor vehicles and loads shall not exceed eight and one-half feet in width or 13 feet six inches in height. The term width shall mean the total width of the vehicle and load, excluding safety devices as determined by the Commissioner which may extend up to three inches on each side of the vehicle. The height and width limits of this section shall not apply to snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels, dump wagons, trucks, highway building equipment, and road-making appliances employed on highway maintenance or on highway construction when operated within a construction area, or to vehicles employed by municipalities for transportation and disposal of nontoxic residual waste sludge from wastewater and water treatment facilities while used for those purposes, nor shall the limits apply to traction engines, tractor, trailer, or motor trucks operated on a public highway, under a permit from the Commissioner of Motor Vehicles as provided in section 1400 of this title. Nothing in this section shall prohibit the use of the stop arm described in section 1281a of this title and no permit shall be required.

(b) In his or her discretion, with or without hearing, the Commissioner of Motor Vehicles, or his or her agent, upon application, may issue annually to dealers in farm tractors or other farm implements overwidth permits to transport or draw upon a highway such farm implements as are more than eight and one-half feet in width but not more than 13 feet in width, when such operation is necessary to the conduct of such business, during the period from sunrise to sunset, provided at least two red flags not smaller than 12 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet, except that no vehicles, implements, or combinations thereof shall be operated on any highway after 10:00 a.m. on any Sunday or legal holiday, except on trips not in excess of two miles, nor upon any highway at any time on which operation is prohibited by order of the Commissioner.

(c) The total outside width of a motor home, as defined in 32 V.S.A. § 8902(11), or a trailer coach as defined in subdivision 4(41) of this title, may exceed eight and one-half feet if the excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle. The term "appurtenance" does not include any item that is temporarily affixed to the exterior of the vehicle by the vehicle's owner for the purpose of transporting the item from one location to another, but does include the following:

(1) an awning and its support hardware; and

(2) any appendage that is intended to be an integral part of a motor home or trailer coach that is installed by a manufacturer or dealer.

(d)(1) A person, firm, or corporation whose land is divided by a public highway may operate across the highway, at approximate right angles to the centerline, an unregistered vehicle with or without a load having a width in excess of eight and one-half feet or a height in excess of 13 feet six inches and which, if used on highway construction, would be defined as motorized highway building equipment, provided that the person, firm, or corporation shall first:

(A) have applied to and received from the selectboard of the town or the aldermen or city council of the city in which the land and highway are located a permit in writing specifying the vehicle covered and the point where, time when, and under what conditions the crossing may be made;

(B) have applied to and received from the Commissioner of Motor Vehicles a certificate in writing that the vehicle listed in the permit issued by the selectboard or aldermen or city council meets the conditions the Commissioner may impose as to type and size and, further, that the operation of it across the highway will not damage the highway.

(2) The Commissioner may impose conditions regarding size of load or highway surface protection as he or she deems necessary.

(3) A fee of $35.00 shall be paid to the town or city for each permit and the permit shall not cover more than one vehicle. The permit shall be valid for a period of one year from the date of issue. A similar fee of $35.00 shall be paid to the State for each certificate issued by the Commissioner and the certificate shall not cover more than one vehicle and shall be valid for a period of one year from the date of issue.

(4) Provided that the terms and conditions are complied with, no registration of the vehicle shall be required under any other section of this title, nor shall permits of any kind or type be required under any other section of this title. (Amended 1961, No. 286, § 5, eff. Aug. 1, 1961; 1963, No. 62, § 2, eff. April 30, 1963; 1969, No. 49, § 2; 1969, No. 212 (Adj. Sess.), § 8, eff. March 25, 1970; 1971, No. 55, § 1; 1975, No. 213 (Adj. Sess.), § 3, eff. April 1, 1976; 1983, No. 74, § 4, eff. April 28, 1983; 1987, No. 95, § 4, eff. June 23, 1987; 2001, No. 18, § 2, eff. May 8, 2001; 2015, No. 47, § 33; 2017, No. 132 (Adj. Sess.), § 15.)