The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 23: Motor Vehicles
Chapter 009: Operator's Licenses
- Subchapter 001: General Provisions
§ 601. License required
(a)(1) Except as otherwise provided by law, a resident shall not operate a motor vehicle on a highway in Vermont unless he or she holds a valid license issued by the State of Vermont. A new resident who has moved into the State from another jurisdiction and who holds a valid license to operate motor vehicles under section 208 of this title shall procure a Vermont license within 60 days of moving to the State. Except as provided in subsection 603(d) of this title, licenses shall not be issued to nonresidents.
(2) In addition to any other requirement of law, a nonresident as defined in section 4 of this title shall not operate a motor vehicle on a Vermont highway unless:
(A) he or she holds a valid license or permit to operate a motor vehicle issued by another U.S. jurisdiction; or
(B) he or she holds a valid license or permit to operate a motor vehicle from a jurisdiction outside the United States and:
(i) is at least 18 years of age, is lawfully present in the United States, and has been in the United States for not more than one year; and
(ii) he or she possesses an international driving permit.
(b) All operator’s licenses issued under this chapter shall expire, unless earlier cancelled, at midnight on the eve of the second or fourth anniversary of the date of birth of the license holder following the date of issue. Renewed licenses shall expire at midnight on the eve of the second or fourth anniversary of the date of birth of the license holder following the date the renewed license expired. All junior operator’s licenses shall expire, unless earlier cancelled, at midnight on the eve of the second anniversary of the date of birth of the license holder following the date of issue. A person born on February 29 shall, for the purposes of this section, be considered as born on March 1.
(c) At least 30 days before a license is scheduled to expire, the Commissioner shall mail first class to the licensee or send the licensee electronically an application for renewal of the license; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. A person shall not operate a motor vehicle unless properly licensed.
(d) The Commissioner may, in his or her discretion, determine that certain types of motor vehicles require that an operator possess specialized skill or knowledge to operate those vehicles so that the public safety may not be endangered. If the Commissioner so determines, he or she may prescribe different classes of licenses for the operation of particular types of vehicles. The Commissioner is authorized to make rules prescribing forms and procedures for applications, license classifications, restrictions, endorsements, examinations, driver training requirements, and disqualifications consistent with this title as necessary to carry out the provisions of this section.
(e) A motor-driven cycle may be operated only by a licensed driver at least 16 years of age.
(f) Operators of autocycles shall be exempt from the requirements to obtain a motorcycle learner’s permit or a motorcycle endorsement. The Commissioner shall offer operators of three-wheeled motorcycles that are not autocycles the opportunity to obtain a motorcycle endorsement that authorizes the operation of three-wheeled motorcycles only.
(g) A person who violates this section commits a traffic violation, except that a person who violates this section after a previous conviction under this section within the prior two years shall be subject to imprisonment for not more than 60 days or a fine of not more than $5,000.00, or both. An unsworn printout of the person’s Vermont motor vehicle conviction history may be admitted into evidence to prove a prior conviction under this section. (Amended 1966, No. 38 (Sp. Sess.), § 1; 1967, No. 86, § 1; 1977, No. 20, § 10; 1981, No. 130 (Adj. Sess.), § 1; 1989, No. 51, § 34; 1989, No. 239 (Adj. Sess.), § 3; 1991, No. 88, § 2; 2003, No. 56, § 71, eff. June 4, 2003; 2003, No. 154 (Adj. Sess.), § 4; 2005, No. 188 (Adj. Sess.), § 3; 2007, No. 153 (Adj. Sess.), § 40; 2007, No. 188 (Adj. Sess.), § 5; 2009, No. 152 (Adj. Sess.), § 19e, eff. Sept. 1, 2010; 2013, No. 189 (Adj. Sess.), §§ 33, 35; 2015, No. 147 (Adj. Sess.), § 17; 2015, No. 158 (Adj. Sess.), § 63; 2017, No. 71, § 10, eff. June 8, 2017; 2017, No. 206 (Adj. Sess.), § 17; 2019, No. 60, §§ 8, 13.)
§ 602. Exceptions for farm tractors and highway equipment
(a) No person may operate a farm tractor or motorized highway building equipment upon a public highway without first procuring from the Commissioner of Motor Vehicles a license to operate motor vehicles, except that a person may operate a farm tractor upon a public highway in going to and from different parts of the farm of the owner of the farm tractor without obtaining a license.
(b) Notwithstanding subsection (a) of this section, a person operating a farm tractor upon the public highways in going to and from different parts of the farm of the owner of the farm tractor or a person operating motorized highway building equipment upon the public highways within a construction area under the provisions of this section is subject to sections 602, 602a, 674, 1007, 1071, 1091, 1094, 1095, 1125, 1126, 1127, and 1201-1210 of this title.
(c) A person operating a farm tractor upon the public highways, except when going to and from different parts of the farm of the owner of the farm tractor, or a person operating motorized highway building equipment upon the public highways outside a construction area, is, while so operating, subject to all of the provisions of this title. (Amended 1967, No. 361 (Adj. Sess.), § 1; 1971, No. 258 (Adj. Sess.), § 5, eff. March 1, 1973; 2001, No. 139 (Adj. Sess.), § 7.)
§ 602a. Age requirement
A person 12 years of age or older may operate a farm tractor under the provisions of section 602 of this title. (Added 1967, No. 361 (Adj. Sess.), § 2.)
§ 603. Application for and issuance of license
(a)(1) The Commissioner or his or her authorized agent may license operators and junior operators when an application, on a form prescribed by the Commissioner, signed and sworn to by the applicant for the license, is filed with him or her, accompanied by the required license fee and any valid license from another state or Canadian jurisdiction is surrendered.
(2) The Commissioner may, however, in his or her discretion, refuse to issue a license to any person whenever he or she is satisfied from information given him or her by credible persons, and upon investigation, that the person is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. A person refused a license under the provisions of this subsection shall be entitled to hearing as provided in sections 105-107 of this title.
(3) Any new or renewal application form shall include a space for the applicant to request that a “veteran” designation be placed on his or her license certificate. An applicant who requests the designation shall provide a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner.
(4) Any new or renewal application form shall provide for and request the information required in 17 V.S.A. § 2145a.
(b) Before issuing an operator’s license, junior operator’s license, or learner’s permit to an applicant, the Commissioner shall obtain driving record information through the National Driver Register and from each state in which the person has been licensed or has been issued a learner’s permit.
(c) An operator’s license, junior operator’s license, or learner’s permit shall not be issued to an applicant whose license, learner’s permit, or privilege to operate is suspended, revoked, or canceled in any jurisdiction.
(d) Except as provided in subsection (e) of this section:
(1) A citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator’s license, junior operator’s license, or learner’s permit.
(2) An operator’s license, junior operator’s license, or learner’s permit issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay.
(e)(1) A citizen of a foreign country unable to establish legal presence in the United States who furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and who satisfies all other requirements of this chapter for obtaining a license or permit, shall be eligible to obtain an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card.
(2) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s name, date of birth, and place of birth. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept a combination of two or more of the following documents to establish the name, date of birth, and place of birth of an applicant:
(A) a valid foreign passport, with or without a U.S. Customs and Border Protection entry form or stamp;
(B) a valid consular identification document issued by the government of Mexico or of Guatemala or by any other government with comparable security standards and protocols, as determined by the Commissioner; and
(C) a certified record of the applicant’s birth, marriage, adoption, or divorce, including a translation if necessary.
(3) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept the following combinations of documents as proof of Vermont residence:
(A)(i) two pieces of mail received by the applicant within the prior 30 days with the applicant’s current name and residential Vermont address; and
(ii) at least one of the documents specified in subdivision (B) of this subdivision (3); or
(B) two of the following that show name and residential Vermont address:
(i) a vehicle title or registration;
(ii) a document issued by a financial institution, such as a bank statement;
(iii) a document issued by an insurance company or agent, such as an insurance card, binder, or bill;
(iv) a document issued by an educational institution, such as a transcript, report card, or enrollment confirmation;
(v) federal tax documents, such as W-2 or 1099 forms;
(vi) State tax documents, such as an IN-111; and
(vii) medical health records, receipts, or bills.
(f) Persons able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card, provided the applicant furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and satisfies all other requirements of this chapter for obtaining a license or permit. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence and his or her name, date of birth, and place of birth.
(g) The Commissioner may adopt policies or rules related to the issuance of privilege cards under this section that balance accessibility with mechanisms to prevent fraud. The Commissioner shall consider adopting the appointment system procedures used in other states to prevent and deter fraud with regard to proof of residency.
(h) A privilege card issued under this section shall:
(1) on its face bear the phrase “privilege card” and text indicating that it is not valid for federal identification or official purposes; and
(2) expire at midnight on the eve of the second birthday of the applicant following the date of issuance or, at the option of an applicant for an operator’s privilege card and upon payment of the required four-year fee, at midnight on the eve of the fourth birthday of the applicant following the date of issuance.
(i) Every applicant for or holder of a privilege card under this section shall be subject to all of the provisions of this title that apply to applicants and holders of operator’s licenses, junior operator’s licenses, and learner permits, except where the context clearly requires otherwise. (Amended 1987, No. 62, § 3; 1989, No. 84, § 4; 1995, No. 70 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 1997, No. 55, § 6, eff. June 26, 1997; 2003, No. 109 (Adj. Sess.), § 3; 2003, No. 154 (Adj. Sess.), § 16; 2007, No. 61, § 5; 2011, No. 46, § 5, eff. Jan. 1, 2012; 2013, No. 57, § 14; 2013, No. 74, § 1, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 8; 2015, No. 80 (Adj. Sess.), § 5, eff. July 1, 2017; 2015, No. 158 (Adj. Sess.), § 80; 2017, No. 71, § 9, eff. June 8, 2017; 2017, No. 71, § 10; 2021, No. 105 (Adj. Sess.), § 414, eff. July 1, 2022.)
§ 604. Repealed. 1977, No. 118 (Adj. Sess.), § 12, eff. Feb. 3, 1978.
§ 605. Repealed. 2015, No. 158 (Adj. Sess.), § 78(3).
§ 606. Age limit
An operator’s license shall not be issued to any person under 18 years of age. Any person who has previously held a junior operator’s license in Vermont prior to application for a license under this section shall have held that license for a minimum of six months or until age 18 and maintained a record without any suspensions, revocations, or recalls for the six-month period preceding licensure under this section. (Amended 1959, No. 195, § 1; 1999, No. 140 (Adj. Sess.), § 1.)
§ 607. Junior operator’s license
(a) A junior operator’s license may be issued initially only to persons who:
(1) are 16 and 17 years of age;
(2) have passed the driver examination required in subchapter 2 of this chapter and a driver education and training course approved by the Commissioner of Motor Vehicles and the Secretary of Education;
(3) have:
(A) possessed a learner’s permit for not less than one year;
(B) submitted on a form provided by the Department of Motor Vehicles that is approved by the Commissioner, and certified by the operator’s licensed parent or guardian, licensed or certified driver education instructor, or licensed person at least 25 years of age that there was at least 40 hours of practice behind the wheel, at least 10 of which was nighttime driving and that the operator was accompanied by his or her licensed parent or guardian, a licensed or certified driver education instructor, or another licensed individual at least 25 years of age, riding in the front passenger seat; and
(C) maintained a driving record without a learner’s permit suspension, revocation, or recall for six consecutive months prior to licensure.
(b) An applicant for a junior operator’s license shall not be given a license unless his or her parent, guardian, or a person standing in loco parentis to him or her files a written consent with the Commissioner.
(c) Any junior operator’s license may be renewed. Notwithstanding the provisions of any other law, a renewed junior operator’s license shall not be required to meet the requirements of subsection 610(b) of this title. (Amended 1959, No. 195, § 1; 1966, No. 65 (Sp. Sess.), § 6; 1999, No. 140 (Adj. Sess.), § 2; 2005, No. 90 (Adj. Sess.), § 1, eff. Feb. 24, 2006; 2013, No. 92 (Adj. Sess.), § 268, eff. Feb. 14, 2014; 2019, No. 60, § 3.)
§ 607a. Recall of learner’s permit or junior operator’s license
(a) A learner’s permit or junior operator’s license shall contain an admonition that it is recallable and that the later procurement of an operator’s license is conditional on the establishment of a record that is satisfactory to the Commissioner and showing compliance with the motor vehicle laws of this and other states. The Commissioner may recall any permit or license issued to a minor whenever he or she is satisfied, from information provided by a credible person and upon investigation, that the operator is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. On recommendation of a diversion or reparative board, the Commissioner may recall the learner’s permit or junior operator’s license of a person in a diversion or reparative program for up to 30 days. The Commissioner shall also recall any learner’s permit or junior operator’s license for 30 days when an operator is adjudicated of a single texting violation under section 1099 of this title, 90 days following adjudication of a single speeding violation resulting in a three-point assessment, 90 days when a total of six points has been accumulated, or 90 days when an operator is adjudicated of a violation of subsection 614(c) or 615(a) of this title. When a learner’s permit or junior operator’s license is so recalled, it shall be reinstated upon expiration of a specific term and, if required by the Commissioner, when the person has passed a reexamination approved by the Commissioner.
(b) When a license or permit is recalled under the provisions of this section, the person whose license or permit is so recalled shall have the same right of hearing before the Commissioner as is provided in subsection 671(a) of this title.
(c) Except for a recall based solely upon the provisions of subsection (d) of this section, any recall of a license or permit may extend past the operator’s 18th birthday. While the recall is still in effect, that operator shall be ineligible for any operator’s license.
(d) The Commissioner shall recall a learner’s permit or junior operator’s license upon written request of the individual’s custodial parent or guardian.
(e) Any recall period under this section shall run concurrently with any suspension period imposed under chapter 13 of this title. (Added 1959, No. 195, §§ 1, 2; amended 1971, No. 184 (Adj. Sess.), § 8, eff. March 29, 1972; 1999, No. 140 (Adj. Sess.), § 3; 2009, No. 150 (Adj. Sess.), § 3, eff. June 1, 2010; 2013, No. 57, § 9.)
[Section 608 effective until January 1, 2024; see also section 608 effective January 1, 2024 set out below.]
§ 608. Fees
(a) The four-year fee required to be paid the Commissioner for licensing an operator of motor vehicles or for issuing an operator’s privilege card shall be $51.00. The two-year fee required to be paid the Commissioner for licensing an operator or for issuing an operator’s privilege card shall be $32.00, and the two-year fee for licensing a junior operator or for issuing a junior operator’s privilege card shall be $32.00.
(b) An additional fee of $3.00 per year shall be paid for a motorcycle endorsement. The endorsement may be obtained for either a two-year or four-year period, to be coincidental with the length of the operator’s license. (Amended 1965, No. 154, § 2, eff. Sept. 1, 1965; 1967, No. 86, § 2; 1975, No. 193 (Adj. Sess.), § 2; 1981, No. 130 (Adj. Sess.), § 2; 1989, No. 51, § 35; 1989, No. 268 (Adj. Sess.), § 4, eff. June 21, 1990; 2001, No. 102 (Adj. Sess.), § 21, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 6; 2005, No. 175 (Adj. Sess.), § 34; 2009, No. 50, § 46; 2011, No. 128 (Adj. Sess.), § 18; 2013, No. 189 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 34.)
[Section 608 effective January 1, 2024; see also section 608 effective until January 1, 2024 set out above.]
§ 608. Fees
(a) The four-year fee required to be paid the Commissioner for licensing an operator of motor vehicles or for issuing an operator’s privilege card shall be $62.00. The two-year fee required to be paid the Commissioner for licensing an operator or for issuing an operator’s privilege card shall be $39.00, and the two-year fee for licensing a junior operator or for issuing a junior operator’s privilege card shall be $39.00.
(b) An additional fee of $4.00 per year shall be paid for a motorcycle endorsement. The endorsement may be obtained for either a two-year or four-year period, to be coincidental with the length of the operator’s license. (Amended 1965, No. 154, § 2, eff. Sept. 1, 1965; 1967, No. 86, § 2; 1975, No. 193 (Adj. Sess.), § 2; 1981, No. 130 (Adj. Sess.), § 2; 1989, No. 51, § 35; 1989, No. 268 (Adj. Sess.), § 4, eff. June 21, 1990; 2001, No. 102 (Adj. Sess.), § 21, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 6; 2005, No. 175 (Adj. Sess.), § 34; 2009, No. 50, § 46; 2011, No. 128 (Adj. Sess.), § 18; 2013, No. 189 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 34; 2023, No. 78, § G.127, eff. January 1, 2024.)
§ 609. Veterans’ exemption
No fees shall be charged an honorably discharged veteran of the U.S. Armed Forces who is a resident of the State of Vermont for a license to operate a motor vehicle, when the veteran has acquired a motor vehicle with financial assistance from the U.S. Department of Veterans Affairs and he or she is otherwise eligible to be granted the license, and when his or her application is accompanied by a copy of an approved VA Form 21-4502 issued by the U.S. Department of Veterans Affairs certifying him or her to be entitled to the financial assistance. (Amended 1975, No. 38, § 2; 2017, No. 206 (Adj. Sess.), § 5.)
§ 610. License certificates
(a) The Commissioner shall assign a distinguishing number to each licensee and shall furnish the licensee with a license certificate that shows the number and the licensee’s full name, date of birth, and residential address, except that at the request of the licensee, the licensee’s mailing address may be listed, or an alternative address may be listed if otherwise authorized by law. The certificate also shall include a brief physical description and a space for the signature of the licensee. The license shall be void until signed by the licensee. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides proof of veteran status as specified in subdivision 603(a)(3) of this title, and the Office of Veterans Affairs confirms his or her status as an honorably discharged veteran or a veteran discharged under honorable conditions, the license certificate shall include the term “veteran” on its face.
(b) A motor vehicle operator’s license issued to an individual who is under the age of 18 shall be distinguishable by color from a motor vehicle operator’s license issued to an individual who is over the age of 18 but under the age of 21, and both cards shall be distinguishable by color from a motor vehicle operator’s license issued to an individual 21 or older. A motor vehicle operator’s license issued to an individual under the age of 21 shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish identification cards issued under section 115 of this title.
(c) Each license certificate issued to a first-time applicant and each subsequent renewal by that individual shall be issued with the photograph or imaged likeness of the licensee included on the certificate. The Commissioner shall determine the locations where photographic licenses may be issued. An individual issued a license containing an imaged likeness under this subsection may renew by mail, except that a renewal by a licensee required to have a photograph or imaged likeness must be made in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
(d) Each license certificate issued to an initial or renewal applicant shall include a bar code with minimum data elements as prescribed in 6 C.F.R. § 37.19. (Amended 1993, No. 212 (Adj. Sess.), § 9; 1999, No. 163 (Adj. Sess.), § 3; 2003, No. 154 (Adj. Sess.), § 7; 2013, No. 57, § 15; 2019, No. 60, § 4; 2021, No. 20, § 235.)
§§ 610a, 610b. Repealed. 1999, No. 163 (Adj. Sess.), § 7.
§ 610c. Legislative intent; existing driver’s licenses without photograph or imaged likeness
It is the intent of the General Assembly that the provisions of subsection 610(c) of this title not require individuals who, prior to July 1, 2004, were issued a driver’s license without a photograph or imaged likeness to obtain a photograph or imaged likeness after that date. (Added 2003, No. 154 (Adj. Sess.), § 8; amended 2021, No. 20, § 236.)
§ 611. Possession of license certificate
Every licensee shall have his or her operator’s license certificate in his or her immediate possession at all times when operating a motor vehicle. However, a person cited with violating this section or section 610 of this title shall not be convicted if he or she sends a copy of or produces to the issuing enforcement agency within seven business days of the traffic stop an operator’s license certificate that was valid or had expired within 14 days prior to the traffic stop. (Amended 1967, No. 356 (Adj. Sess.), § 1, eff. March 27, 1968; 2011, No. 62, § 37; 2013, No. 189 (Adj. Sess.), § 14.)
§ 612. Restricted license
When issuing or reinstating the license of an operator, the Commissioner may restrict the privileges granted by such license to the operating of one or more specified motor vehicles or in such other manner as the Commissioner may deem best, and such restriction shall be endorsed on the license certificate. A person holding a restricted license shall not operate a motor vehicle except as permitted in such restriction.
§ 613. Replacement license
[Subsection (a) effective until January 1, 2024; see also subsection (a) effective January 1, 2024 set out below.]
(a) In case of the loss, mutilation, or destruction of a license or error in a license, the licensee shall forthwith notify the Commissioner who shall furnish such licensee with a replacement on receipt of $20.00.
[Subsection (a) effective January 1, 2024; see also subsection (a) effective until January 1, 2024 set out above.]
(a) In case of the loss, mutilation, or destruction of a license or error in a license, the licensee shall forthwith notify the Commissioner who shall furnish such licensee with a replacement on receipt of $24.00.
(b) A replacement license shall not be issued to any person who has surrendered his or her license to another jurisdiction in connection with obtaining a license in that jurisdiction. (Amended 1969, No. 276 (Adj. Sess.), § 7; 1987, No. 62, § 4; 1987, No. 241 (Adj. Sess.), § 3; 1989, No. 51, § 37; 2001, No. 102 (Adj. Sess.), § 22, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 35; 2019, No. 60, § 10; 2023, No. 78, § G.128, eff. January 1, 2024.)
§ 613. Replacement license [Effective January 1, 2024]
(a) In case of the loss, mutilation, or destruction of a license or error in a license, the licensee shall forthwith notify the Commissioner who shall furnish such licensee with a replacement on receipt of $24.00.
(b) A replacement license shall not be issued to any person who has surrendered his or her license to another jurisdiction in connection with obtaining a license in that jurisdiction. (Amended 1969, No. 276 (Adj. Sess.), § 7; 1987, No. 62, § 4; 1987, No. 241 (Adj. Sess.), § 3; 1989, No. 51, § 37; 2001, No. 102 (Adj. Sess.), § 22, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 35; 2019, No. 60, § 10; 2023, No. 78, § G.128, eff. January 1, 2024.)
§ 614. Rights under license
(a) An operator’s license shall entitle the holder to operate a registered motor vehicle with the consent of the owner whether employed to do so or not.
(b) A junior operator’s license shall entitle the holder to operate a registered motor vehicle with the consent of the owner, but shall not entitle him or her to operate a motor vehicle in the course of his or her employment or for direct or indirect compensation for one year following issuance of the license, except that the holder may operate a farm tractor with or without compensation upon a public highway in going to and from different parts of a farm of the tractor’s owner or to go to any repair shop for repair purposes. A junior operator’s license shall not entitle the holder to carry passengers for hire.
(c) During the first three months of operation, the holder of a junior operator’s license is restricted to driving alone or with a licensed parent or guardian, licensed or certified driver education instructor, or licensed person at least 25 years of age. During the following three months, a junior operator may additionally transport family members. No person operating with a junior operator’s license shall transport more passengers than there are safety belts unless he or she is operating a vehicle that has not been manufactured with a federally approved safety belt system. A person convicted of operating a motor vehicle in violation of this subsection shall be subject to a penalty of not more than $50.00, and his or her license shall be recalled for a period of 90 days. The provisions of this subsection may be enforced only if a law enforcement officer has detained the operator for another suspected traffic violation.
(d) A nonresident under 18 years of age who is privileged to operate on Vermont highways under section 208 of this title shall be subject to the restrictions of subsections (b) and (c) of this section. (Amended 1967, No. 361 (Adj. Sess.), § 3; 1999, No. 140 (Adj. Sess.), § 4; 2013, No. 57, § 10; 2013, No. 189 (Adj. Sess.), § 7; 2015, No. 47, § 40; 2015, No. 158 (Adj. Sess.), § 64.)
§ 615. Unlicensed operators
(a)(1)(A) An unlicensed person 15 years of age or older may operate a motor vehicle if he or she possesses a valid learner’s permit issued to him or her by the Commissioner, or by another jurisdiction in accordance with section 208 of this title, and if one of the following persons who is not under the influence of alcohol or drugs rides beside him or her:
(i) his or her licensed parent or guardian;
(ii) a licensed or certified driver education instructor;
(iii) a licensed examiner of the Department; or
(iv) a licensed person at least 25 years of age.
(B) A person described under subdivisions (A)(i)-(iv) of this subdivision (1) who, while under the influence of alcohol or drugs, rides beside an individual whom the person knows to be unlicensed shall be subject to the same penalties as for a violation of subsection 1130(b) of this title. A holder of a learner’s permit shall not be deemed to have violated this section if a person described under subdivisions (A)(i)-(iv) of this subdivision (1) rides beside him or her while the person is under the influence of alcohol or drugs.
(C) Nothing in this section shall be construed to permit a person against whom a revocation or suspension of license is in force, or a person younger than 15 years of age, or a person who has been refused a license by the Commissioner to operate a motor vehicle.
(2) A licensed person who does not possess a valid motorcycle endorsement may operate a motorcycle, with no passengers, only during daylight hours and then only if he or she has upon his or her person a valid motorcycle learner’s permit issued to him or her by the Commissioner.
(b) A person convicted of operating a motor vehicle in violation of this section shall be subject to a penalty of not more than $50.00, and his or her learner’s permit shall be recalled for a period of 90 days. No person may be issued traffic complaints alleging a violation of this section and a violation of section 676 of this title from the same incident. The provisions of this section may be enforced only if a law enforcement officer has detained the operator for another suspected traffic violation. (Amended 1961, No. 133; 1963, No. 139, eff. Aug. 1, 1963; 1983, No. 42, § 1; 1999, No. 140 (Adj. Sess.), § 5; 2013, No. 57, § 11; 2013, No. 189 (Adj. Sess.), § 6; 2015, No. 47, § 41; 2015, No. 158 (Adj. Sess.), § 64; 2017, No. 71, § 11.)
§ 616. Extension of license for members of U.S. Armed Forces and immediate family members
(a) Definition. As used in this section, “immediate family member” means a child; stepchild; foster child; spouse; domestic partner, as defined in 17 V.S.A. § 2414; civil union partner; parent; or parent of a spouse, domestic partner, or civil union partner.
(b) Members of the U.S. Armed Forces.
(1) A resident of Vermont who is a member of the U.S. Armed Forces and who at the time of his or her induction or enlistment into the U.S. Armed Forces, or who during his or her term of service with the U.S. Armed Forces was the holder of a valid Vermont license to operate motor vehicles issued by the Commissioner, shall, notwithstanding the expiration of the license, be entitled to operate a motor vehicle with that expired license during his or her term of service and until 30 days after receiving a discharge from the U.S. Armed Forces, but not to exceed four years from the date of expiration of his or her license.
(2) A resident of Vermont who is a member of the Reserve Component of the U.S. Armed Forces and who at the time he or she is called to active duty was the holder of a valid Vermont license to operate motor vehicles issued by the Commissioner shall, notwithstanding the expiration of such license, be entitled to operate a motor vehicle with that expired license during his or her term of active duty and until 30 days after being released from active duty, but not to exceed four years from the date of expiration of his or her license.
(c) Immediate family members of members of the U.S. Armed Forces.
(1) A resident of Vermont who is absent from the State because his or her immediate family member is serving with the U.S. Armed Forces and who had a valid Vermont license to operate motor vehicles issued by the Commissioner at the time of the immediate family member’s induction or enlistment into the U.S. Armed Forces shall, notwithstanding the expiration of the license, be entitled to operate a motor vehicle with that expired license during the immediate family member’s term of service and until 30 days after his or her immediate family member is discharged from the U.S. Armed Forces, but not to exceed four years from the date of expiration of his or her license.
(2) A resident of Vermont who is absent from the State because his or her immediate family member is a member of the Reserve Component of the U.S. Armed Forces who had a valid Vermont license to operate motor vehicles issued by the Commissioner at the time of the immediate family member’s call to active duty shall, notwithstanding the expiration of such license, be entitled to operate a motor vehicle with that expired license during his or her immediate family member’s term of active duty and until 30 days after his or her immediate family is released from active duty, but not to exceed four years from the date of expiration of his or her license.
(d) Proof required. Any member of the U.S. Armed Forces or immediate family member of a member of the U.S. Armed Forces operating a motor vehicle with an expired license pursuant to subsection (b) or (c) shall, while operating a motor vehicle, carry the last license issued to him or her and conclusive evidence that he or she is a member of the U.S. Armed Forces or the immediate family member of a member of the U.S. Armed Forces and, if the member of the U.S. Armed Forces is discharged or released from active duty, a copy of the applicable DD-214 or similar document of discharge or release from active duty.
(e) Effect of revocation, suspension, or refusal. Nothing in this section shall be construed to permit an individual against whom a revocation or suspension of license has been issued or is in force, or an individual who has been refused a license by the Commissioner, to operate a motor vehicle. (Amended 2019, No. 149 (Adj. Sess.), § 7, eff. July 13, 2020.)
§ 617. Learner’s permit
(a) Any Vermont resident 15 years of age or over, but under 18 years of age, who has no convictions under section 601, 674, 676, 1091, 1094, 1128, 1133, or 1201 of this title, suspensions under section 1205 of this title, or civil traffic violations under section 1216 of this title in the previous two years, or any Vermont resident 18 years of age or over, may apply to the Commissioner of Motor Vehicles for a learner’s permit in the form prescribed by the Commissioner. A nonresident may be issued a learner’s permit if the permit is required for purposes of participation in a driver education and training course. After the applicant has successfully passed all parts of the driver’s license examination other than the driving test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to section 615 of this title, to operate a motor vehicle upon the public highways for a period of two years from the date of issuance. Any learner’s permit may be renewed. This section shall not affect section 602 of this title.
[Subsection (b) effective until January 1, 2024; see also subsection (b) effective January 1, 2024 set out below.]
(b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner’s permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner’s permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner’s permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $20.00 at the time application is made.
(2) After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance. The fee for the examination shall be $9.00.
(3) A motorcycle learner’s permit may be renewed only twice upon payment of a $20.00 fee. If, during the original permit period and two renewals the permittee has not successfully passed the applicable skill test or motorcycle rider training course, he or she may not obtain another motorcycle learner’s permit for a period of 12 months from the expiration of the permit unless:
(A) he or she has successfully completed the applicable motorcycle rider training course; or
(B) the learner’s permit and renewals thereof authorized the operation of any motorcycle and the permittee is seeking a learner’s permit for the operation of three-wheeled motorcycles only.
(4) This section shall not affect section 602 of this title.
[Subsection (b) effective January 1, 2024; see also subsection (b) effective until January 1, 2024 set out above.]
(b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner’s permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner’s permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner’s permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $24.00 at the time application is made.
(2) After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance. The fee for the examination shall be $11.00.
(3) A motorcycle learner’s permit may be renewed only twice upon payment of a $24.00 fee. If, during the original permit period and two renewals the permittee has not successfully passed the applicable skill test or motorcycle rider training course, the permittee may not obtain another motorcycle learner’s permit for a period of 12 months from the expiration of the permit unless:
(A) he or she has successfully completed the applicable motorcycle rider training course; or
(B) the learner’s permit and renewals thereof authorized the operation of any motorcycle and the permittee is seeking a learner’s permit for the operation of three-wheeled motorcycles only.
(4) This section shall not affect section 602 of this title.
(c) No learner’s permit may be issued to any person under 18 years of age unless the parent or guardian of, or a person standing in loco parentis to, the applicant files his or her written consent to the issuance with the Commissioner.
[Subsection (d) effective until January 1, 2024; see also subsection (d) effective January 1, 2024 set out below.]
(d) An applicant shall pay $20.00 to the Commissioner for each learner’s permit or a duplicate or renewal thereof.
[Subsection (d) effective January 1, 2024; see also subsection (d) effective until January 1, 2024 set out above.]
(d) An applicant shall pay $24.00 to the Commissioner for each learner’s permit or a duplicate or renewal thereof.
(e)(1) A learner’s permit, which is not a learner’s permit for the operation of a motorcycle, shall contain a photograph or imaged likeness of the individual if the permit is obtained in person. The photographic learner’s permit shall be available at locations designated by the Commissioner.
(2) An individual issued a permit under this subsection may renew his or her permit by mail or online, but a permit holder who chooses to have a photograph or imaged likeness under this subsection must renew in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
(f)(1) The Commissioner may authorize motorcycle rider training instructors to administer a motorcycle endorsement examination for three-wheeled motorcycles only or for any motorcycle, or a motorcycle skill test for three-wheeled motorcycles only or for any motorcycle, or any of these. Upon successful completion of the applicable examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner’s permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the Commissioner the application and fee together with such additional information as the Commissioner may require.
(2) The Commissioner shall maintain a list of approved in-state and out-of-state motorcycle rider training courses, successful completion of which the Commissioner shall deem to satisfy the skill test requirement. This list shall include courses that provide training on three-wheeled motorcycles. (Added 1963, No. 107; amended 1965, No. 177; 1981, No. 120 (Adj. Sess.), § 2, eff. March 2, 1982; 1983, No. 8; 1983, No. 42, § 2; 1989, No. 51, § 38; 1989, No. 268 (Adj. Sess.), § 3, eff. June 21, 1990; 1995, No. 120 (Adj. Sess.), § 4; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 2, eff. May 6, 1997; 1999, No. 140 (Adj. Sess.), § 6; 2001, No. 75 (Adj. Sess.), § 5; 2001, No. 102 (Adj. Sess.), § 23, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 10; 2005, No. 175 (Adj. Sess.), § 35; 2005, No. 188 (Adj. Sess.), § 4; 2009, No. 50, § 47; 2015, No. 159 (Adj. Sess.), § 36; 2017, No. 206 (Adj. Sess.), § 18; 2019, No. 149 (Adj. Sess.), § 43, eff. June 1, 2020; 2023, No. 78, § G.129, eff. January 1, 2024.)
§ 617. Learner’s permit [Effective January 1, 2024]
(a) Any Vermont resident 15 years of age or over, but under 18 years of age, who has no convictions under section 601, 674, 676, 1091, 1094, 1128, 1133, or 1201 of this title, suspensions under section 1205 of this title, or civil traffic violations under section 1216 of this title in the previous two years, or any Vermont resident 18 years of age or over, may apply to the Commissioner of Motor Vehicles for a learner’s permit in the form prescribed by the Commissioner. A nonresident may be issued a learner’s permit if the permit is required for purposes of participation in a driver education and training course. After the applicant has successfully passed all parts of the driver’s license examination other than the driving test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to section 615 of this title, to operate a motor vehicle upon the public highways for a period of two years from the date of issuance. Any learner’s permit may be renewed. This section shall not affect section 602 of this title.
(b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner’s permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner’s permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner’s permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $24.00 at the time application is made.
(2) After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance. The fee for the examination shall be $11.00.
(3) A motorcycle learner’s permit may be renewed only twice upon payment of a $24.00 fee. If, during the original permit period and two renewals the permittee has not successfully passed the applicable skill test or motorcycle rider training course, the permittee may not obtain another motorcycle learner’s permit for a period of 12 months from the expiration of the permit unless:
(A) he or she has successfully completed the applicable motorcycle rider training course; or
(B) the learner’s permit and renewals thereof authorized the operation of any motorcycle and the permittee is seeking a learner’s permit for the operation of three-wheeled motorcycles only.
(4) This section shall not affect section 602 of this title.
(c) No learner’s permit may be issued to any person under 18 years of age unless the parent or guardian of, or a person standing in loco parentis to, the applicant files his or her written consent to the issuance with the Commissioner.
(d) An applicant shall pay $24.00 to the Commissioner for each learner’s permit or a duplicate or renewal thereof.
(e)(1) A learner’s permit, which is not a learner’s permit for the operation of a motorcycle, shall contain a photograph or imaged likeness of the individual if the permit is obtained in person. The photographic learner’s permit shall be available at locations designated by the Commissioner.
(2) An individual issued a permit under this subsection may renew his or her permit by mail or online, but a permit holder who chooses to have a photograph or imaged likeness under this subsection must renew in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
(f)(1) The Commissioner may authorize motorcycle rider training instructors to administer a motorcycle endorsement examination for three-wheeled motorcycles only or for any motorcycle, or a motorcycle skill test for three-wheeled motorcycles only or for any motorcycle, or any of these. Upon successful completion of the applicable examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner’s permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the Commissioner the application and fee together with such additional information as the Commissioner may require.
(2) The Commissioner shall maintain a list of approved in-state and out-of-state motorcycle rider training courses, successful completion of which the Commissioner shall deem to satisfy the skill test requirement. This list shall include courses that provide training on three-wheeled motorcycles. (Added 1963, No. 107; amended 1965, No. 177; 1981, No. 120 (Adj. Sess.), § 2, eff. March 2, 1982; 1983, No. 8; 1983, No. 42, § 2; 1989, No. 51, § 38; 1989, No. 268 (Adj. Sess.), § 3, eff. June 21, 1990; 1995, No. 120 (Adj. Sess.), § 4; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 2, eff. May 6, 1997; 1999, No. 140 (Adj. Sess.), § 6; 2001, No. 75 (Adj. Sess.), § 5; 2001, No. 102 (Adj. Sess.), § 23, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 10; 2005, No. 175 (Adj. Sess.), § 35; 2005, No. 188 (Adj. Sess.), § 4; 2009, No. 50, § 47; 2015, No. 159 (Adj. Sess.), § 36; 2017, No. 206 (Adj. Sess.), § 18; 2019, No. 149 (Adj. Sess.), § 43, eff. June 1, 2020; 2023, No. 78, § G.129, eff. January 1, 2024.)
§ 618. Repealed. 2007, No. 153 (Adj. Sess.), § 41.
§ 618a. Anatomical Gift Act; donor; form
The Commissioner shall provide a form that, upon the licensee’s execution, shall serve as a document of an anatomical gift under 18 V.S.A. chapter 110. An indicator shall be placed on the license of any person who has executed an anatomical gift form in accordance with this section. (Added 2009, No. 39, § 14; amended 2009, No. 119 (Adj. Sess.), § 7.)
- Subchapter 002: Examinations
§ 631. Requirements; rules
(a) The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 governing the examination of new applicants for operator’s licenses and may prescribe requirements to obtain or hold a license or learner’s permit, by either a new or renewal applicant, as to driving experience, mental and physical qualifications, and any other matter or thing that, in his or her judgment, will contribute to the selection of safe and efficient operators.
(b) Any written forms, applications, or tests used by the Department of Motor Vehicles for operator licensing shall be translated into primary languages of nations from which individuals assisted by the U.S. Committee for Refugees and Immigrants Vermont in the prior 10 years hail, as determined on an annual basis by the Department in consultation with the U.S. Committee for Refugees and Immigrants Vermont, and available at all Department locations and on the Department’s website if the English version is available. Nothing in this subsection is intended to require the Department to translate any educational manuals. (Amended 1999, No. 140 (Adj. Sess.), § 7; 2003, No. 154 (Adj. Sess.), § 11; 2019, No. 60, § 23, eff. Oct. 1, 2020.)
§ 632. Examination required; waiver
(a) Before an operator’s or a junior operator’s license is issued to an applicant for the first time in this State, or before a renewal license is issued to an applicant whose previous Vermont license had expired more than three years prior to the application for renewal, the applicant shall pass a satisfactory examination, except that the Commissioner may, in his or her discretion, waive the examination when the applicant holds a chauffeur’s or operator’s license in force at the time of application or within three years prior to the application in some other jurisdiction where an examination is required similar to the examination required in this State.
(b) The examination shall consist of:
(1) an oral or written examination;
(2) a thorough road test; and
(3) at the discretion of the Commissioner, such other examination or demonstration as he or she may prescribe, including an oral eye examination.
(c) An applicant may have an individual of his or her choosing at the oral examination or road test to serve as an interpreter, including to translate any oral commands given as part of the road test. (Amended 1985, No. 118 (Adj. Sess.), § 1; 2015, No. 47, § 16; 2019, No. 60, § 9; 2019, No. 60, § 24, eff. Oct. 1, 2020; 2019, No. 149 (Adj. Sess.), § 8.)
§ 633. Examiners
Inspectors appointed under the provisions of section 103 of this title shall also be examiners of new applicants for operators’ licenses.
§ 634. Fee for examination
[Subsection (a) effective until January 1, 2024; see also subsection (a) effective January 1, 2024 set out below.]
(a) The fee for an examination for a learner’s permit shall be $32.00. The fee for an examination to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $19.00. The fee for a motorcycle skill test to obtain a motorcycle endorsement shall be $19.00.
[Subsection (a) effective January 1, 2024; see also subsection (a) effective until January 1, 2024 set out above.]
(a) The fee for an examination for a learner’s permit shall be $39.00. The fee for an examination to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $23.00. The fee for a motorcycle skill test to obtain a motorcycle endorsement shall be $23.00.
[Subsection (b) effective until January 1, 2024; see also subsection (b) effective January 1, 2024 set out below.]
(b) A scheduling fee of $24.00 shall be paid by the applicant before he or she may schedule the road test required under section 632 of this title. Unless an applicant gives the Department at least 48 hours’ notice of cancellation, if the applicant does not appear as scheduled, the $24.00 scheduling fee is forfeited. If the applicant appears for the scheduled road test, the fee shall be applied toward the license examination fee. The Commissioner may waive the scheduling fee until the Department is capable of administering the fee electronically.
[Subsection (b) effective January 1, 2024; see also subsection (b) effective until January 1, 2024 set out above.]
(b) A scheduling fee of $29.00 shall be paid by the applicant before the applicant may schedule the road test required under section 632 of this title. Unless an applicant gives the Department at least 48 hours’ notice of cancellation, if the applicant does not appear as scheduled, the $29.00 scheduling fee is forfeited. If the applicant appears for the scheduled road test, the fee shall be applied toward the license examination fee. The Commissioner may waive the scheduling fee until the Department is capable of administering the fee electronically.
(c) The Department of Motor Vehicles shall not implement any procedures or processes for identifying applicants for licenses, learner permits, or nondriver identification cards that involve the use of biometric identifiers. Pursuant to the provisions of 49 U.S.C. § 31308, this subsection shall not apply to applicants for commercial driver licenses or endorsements on these licenses. (Amended 1975, No. 193 (Adj. Sess.), § 3; 1989, No. 51, § 39; 2001, No. 102 (Adj. Sess.), § 24, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 12; 2005, No. 175 (Adj. Sess.), § 36; 2009, No. 50, § 48; 2011, No. 128 (Adj. Sess.), § 19; 2015, No. 159 (Adj. Sess.), § 37; 2023, No. 78, § G.130, eff. January 1, 2024.)
§ 634. Fee for examination [Effective January 1, 2024]
(a) The fee for an examination for a learner’s permit shall be $39.00. The fee for an examination to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $23.00. The fee for a motorcycle skill test to obtain a motorcycle endorsement shall be $23.00.
(b) A scheduling fee of $29.00 shall be paid by the applicant before the applicant may schedule the road test required under section 632 of this title. Unless an applicant gives the Department at least 48 hours’ notice of cancellation, if the applicant does not appear as scheduled, the $29.00 scheduling fee is forfeited. If the applicant appears for the scheduled road test, the fee shall be applied toward the license examination fee. The Commissioner may waive the scheduling fee until the Department is capable of administering the fee electronically.
(c) The Department of Motor Vehicles shall not implement any procedures or processes for identifying applicants for licenses, learner permits, or nondriver identification cards that involve the use of biometric identifiers. Pursuant to the provisions of 49 U.S.C. § 31308, this subsection shall not apply to applicants for commercial driver licenses or endorsements on these licenses. (Amended 1975, No. 193 (Adj. Sess.), § 3; 1989, No. 51, § 39; 2001, No. 102 (Adj. Sess.), § 24, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 12; 2005, No. 175 (Adj. Sess.), § 36; 2009, No. 50, § 48; 2011, No. 128 (Adj. Sess.), § 19; 2015, No. 159 (Adj. Sess.), § 37; 2023, No. 78, § G.130, eff. January 1, 2024.)
§ 635. Place of examinations
The Commissioner shall cause examinations of operators to be held at such convenient times and places throughout the State as he or she may determine. (Amended 1971, No. 74, § 2.)
§ 636. Special examinations
(a)(1) Whenever the Commissioner has good cause to believe that any holder of an operator’s license, or any applicant for renewal of an operator’s license, is incompetent or otherwise not qualified to be licensed, he or she may require such person to submit to a special examination to determine his or her capabilities or mental or physical fitness. A person shall not be required to pay to the State a fee for such special examination, except for a component of an examination conducted by an authorized medical professional.
(2) If the Commissioner determines that a special examination is warranted, then a driving examination shall be administered. If, under the Commissioner’s discretion, extenuating circumstances exist, the Commissioner may also administer a written or oral examination or require an examination by a medical professional under section 637 of this title. A driving, written, or oral examination shall be given at a time and place as the Commissioner may determine.
(b) Upon the conclusion of such examination, the Commissioner shall take action as may be appropriate and may suspend or revoke the license or right of such person to operate a motor vehicle or may issue a license subject to restrictions as permitted under section 612 of this title. (Amended 2009, No. 50, § 101; 2015, No. 47, § 17.)
§ 637. Examiners of physical and mental conditions
The Commissioner may designate physicians, licensed physician assistants, licensed advanced practice registered nurses, ophthalmologists, oculists, and optometrists properly registered and authorized to practice in this State or in an adjoining state as examiners of operators. The Commissioner may refer any matter relative to the issuing, suspending, or reinstating of licenses that concerns the physical or mental condition or eyesight of any applicant for or holder of a license or any petitioner for reinstatement to, and require the applicant or other person to be examined by, such examiner in the vicinity of the person’s residence as he or she determines to be qualified to examine and report. Such examiner shall report to the Commissioner the true and actual result of examinations made by him or her together with his or her decision as to whether the person examined should be granted or allowed to retain an operator’s license or permitted to operate a motor vehicle. (Amended 2015, No. 158 (Adj. Sess.), § 65.)
§ 638. Repealed. 2015, No. 158 (Adj. Sess.), § 66.
§ 639. Fees for physical and mental examinations
The compensation of the examiners provided in section 637 of this title shall be paid by the person examined. (Amended 2015, No. 158 (Adj. Sess.), § 67.)
- Subchapter 003: Suspension and Revocation
§ 671. Procedure
(a) In his or her discretion, the Commissioner may suspend indefinitely or for a definite time the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, after opportunity for a hearing upon not less than 15 days’ notice, if the Commissioner has reason to believe that the holder thereof is an individual who is incompetent to operate a motor vehicle or is operating improperly so as to endanger the public. If, upon receipt of such notice, the individual requests a hearing, such suspension shall not take effect unless the Commissioner, after hearing, determines that the suspension is justified. If the Commissioner imposes a suspension, he or she may order the license delivered to him or her. Not less than six months from the date of suspension and each six months thereafter, an individual upon whom such suspension has been imposed may apply for reinstatement of his or her license or right to operate or for a new license. Upon receipt of such application, the Commissioner shall thereupon cause an investigation to be made and, if so requested, conduct a hearing to determine whether such suspension should be continued in effect.
(b) In his or her discretion, the Commissioner may suspend for a period not exceeding 15 days the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, without hearing, whenever he or she finds upon full reports submitted by an enforcement officer or motor vehicle inspector that the safety of the public has been or will be imperiled as a result of the operation of a motor vehicle by such operator or unlicensed individual.
(c) The Commissioner may suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, while a prosecution for an offense under this title is pending against such individual if:
(1) the Commissioner finds upon full reports submitted to him or her by an enforcement officer or motor vehicle inspector that the safety of the public will be imperiled by permitting such operator or such unlicensed individual to operate a motor vehicle; or
(2) the Commissioner finds that such operator is seeking to delay the prosecution.
(d) The Commissioner shall not suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, for any cause that has constituted the subject matter of a prosecution in which the conviction of such individual has not been obtained.
(e) The Commissioner shall revoke licenses obtained fraudulently. The Commissioner shall also revoke licenses when required by law, and such revocation shall not entitle the holder of such license to hearing.
(f) If a hearing is required under the provisions of this section, it shall be held in accordance with the provisions of sections 105-107 of this title and at such time and place as the Commissioner may determine. It shall be in the discretion of the Commissioner to determine the granting of a hearing and subsequent hearing in response to a petition for a hearing in connection with suspension orders issued under the provisions of subsections (b) and (c) of this section.
(g) Notwithstanding subsection (d) of this section, if the Commissioner receives official notice, in any form he or she deems appropriate, that an individual’s right to operate a motor vehicle has been suspended or revoked in another jurisdiction, the Commissioner may suspend the individual’s license or right to operate a motor vehicle in this State after the opportunity for a hearing upon not less than 15 days’ notice. If the individual’s license or right to operate is subsequently reinstated by the other jurisdiction, the individual may apply to the Commissioner for reinstatement of his or her license or right to operate a motor vehicle in this State. (Amended 1977, No. 238 (Adj. Sess.), § 2, eff. July 1, 1979; 1979, No. 79, § 1, eff. May 10, 1979; 1995, No. 112 (Adj. Sess.), § 10; 2013, No. 96 (Adj. Sess.), § 144; 2015, No. 47, § 18; 2019, No. 131 (Adj. Sess.), § 156; 2019, No. 149 (Adj. Sess.), § 9.)
§ 671a. Repealed. 1993, No. 212 (Adj. Sess.), § 12.
§ 672. Suspending or revoking right of nonresident operator
(a) The Commissioner may suspend or revoke the right of any nonresident operator to operate a motor vehicle in this State for the same causes and under the same conditions and in the same manner that he or she could suspend or revoke the license of any resident operator. Thereupon the right of such nonresident operator to operate any motor vehicle in this State shall terminate, and he or she shall be subject to the same penalties as a resident operator who operates after the suspension or revocation of his or her license.
(b) Whenever a nonresident operator has his or her right to operate a motor vehicle in this State suspended or revoked, the Commissioner shall mail a copy of the notice of suspension or revocation as well as a copy of the court document resulting in the suspension or revocation to the state or province of residence or licensing. (Amended 1985, No. 85, § 5.)
§ 673. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.
§ 673a. Habitual offenders
(a) The Commissioner shall revoke the license of an operator or the right of an unlicensed individual to operate a motor vehicle for a period of two years when the individual is a habitual violator of the motor vehicle laws.
(b) As used in this section, “habitual violator” means any person who has been convicted in any court in this State of eight or more moving violations each of which would result in point assessments of six or more points, including violations of section 1201 of this title, arising out of different incidents within a consecutive period of five years.
(c) The individual may within 15 days after the notice of revocation request a hearing solely for the purpose of verifying the conviction record, and the revocation shall not take effect until the hearing has been held in accordance with the provisions of sections 105-107 of this title and the record has been verified. (Added 1969, No. 231 (Adj. Sess.); amended 1977, No. 238 (Adj. Sess.), § 3, eff. July 1, 1979; 1981, No. 229 (Adj. Sess.), § 4; 2003, No. 109 (Adj. Sess.), § 4; 2019, No. 131 (Adj. Sess.), § 157.)
§ 674. Operating after suspension or revocation of license; penalty; removal of registration plates; towing
(a)(1) Except as provided in section 676 of this title, a person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of this section or subsection 1091(b), 1094(b), or 1128(b) or (c) of this title and who operates or attempts to operate a motor vehicle upon a public highway before the suspension period imposed for the violation has expired shall be imprisoned not more than two years or fined not more than $5,000.00, or both.
(2) A person who violates section 676 of this title for the third or subsequent time shall, if the two prior offenses occurred within two years of the third offense and on or after December 1, 2016, be imprisoned not more than two years or fined not more than $5,000.00, or both.
(3) Violations of section 676 of this title that occurred prior to the date a person successfully completes the DLS Diversion Program shall not be counted as prior offenses under subdivision (2) of this subsection.
(b) Except as authorized in section 1213 of this title, a person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of section 1201 of this title or has been suspended under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before reinstatement of the license shall be imprisoned not more than two years or fined not more than $5,000.00, or both. The sentence shall be subject to the following mandatory minimum terms:
(1) For the first offense, the defendant shall pay a mandatory minimum fine of $300.00 or complete 40 hours of community service. In the event that no term of imprisonment, suspended or to serve, is imposed, the community service shall be performed within 120 days. Failure to submit proof of completion of the 40 hours within 120 days shall constitute civil contempt unless the defendant requests an extension for good cause shown prior to expiration of the 120 days.
(2) For a second offense occurring within five years, the defendant shall pay a mandatory minimum fine of $750.00 or complete 80 hours of community service. In the event that no term of imprisonment, suspended or to serve, is imposed, the community service shall be performed within 120 days. Failure to submit proof of completion of the 80 hours within 120 days shall constitute civil contempt unless the defendant requests an extension for good cause shown prior to expiration of the 120 days.
(3) For the third offense occurring within five years, the defendant shall serve at least 12 days of preapproved furlough with community restitution.
(4) For the fourth offense occurring within five years, the defendant shall serve at least 18 days of preapproved furlough with community restitution.
(5) For the fifth and subsequent offenses occurring within five years, the defendant shall be imprisoned at least 16 consecutive days in a correctional facility. The sentence may not be suspended or deferred.
(c) An enforcement officer shall have the authority to remove any number plates from a motor vehicle that is being operated by a person in violation of subsection (a) or (b) of this section. The Commissioner shall be notified in writing and may, in his or her sole discretion, cause the plates to be returned to the registered owner or lessee for good cause shown.
(d) Notwithstanding any other provision of this title, when a conviction for a violation of this section and a conviction for a violation of section 1201 of this title result from the same incident, any penalty or suspension or revocation of a person’s license or privilege to operate shall be imposed to be consecutive and not concurrent.
(e) In determining appropriate fines under this section, the court may take into account the income of the defendant.
(f) For purposes of this section and section 676 of this title, the suspension period for a violation of section 1201 or 1205 of this title shall not be deemed to expire until the person has complied with section 1209a of this title and the person’s license has been reinstated.
(g) In establishing a prima facie case against a person accused of violating this section, the court shall accept as evidence a printout attested to by the law enforcement officer as the person’s motor vehicle record showing convictions and resulting license suspensions. The admitted motor vehicle record shall establish a permissive inference that the person was under suspension on the dates and time periods set forth in the record. No certified copy shall be required from the Department of Motor Vehicles to establish the permissive inference.
(h) At the time of sentencing after a second or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be immobilized. At the time of sentencing after a third or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be forfeited and sold. Immobilization and forfeiture procedures under this section shall be conducted in accordance with the procedures in section 1213c of this title.
(i) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. (Amended 1959, No. 205, §§ 1, 2, eff. May 29, 1959; 1975, No. 25; 1981, No. 103, § 1; 1981, No. 229 (Adj. Sess.), § 3; 1989, No. 179 (Adj. Sess.), § 1, eff. May 14, 1989; 1991, No. 55, § 11; 1995, No. 21, § 1; 1997, No. 117 (Adj. Sess.), §§ 8, 22; 2003, No. 54, § 12; 2005, No. 167 (Adj. Sess.), § 2, eff. May 20, 2006; 2009, No. 126 (Adj. Sess.), § 1, eff. July 1, 2011; 2011, No. 147 (Adj. Sess.), § 3; 2013, No. 128 (Adj. Sess.), § 2; 2015, No. 147 (Adj. Sess.), § 16.)
§ 675. Fee prior to termination or reinstatement of suspension or revocation of license
[Subsection (a) effective until January 1, 2024; see also subsection (a) effective January 1, 2024 set out below.]
(a) Before a suspension or revocation issued by the Commissioner of a person’s operator’s license or privilege of operating a motor vehicle may be terminated or before a person’s operator’s license or privilege of operating a motor vehicle may be reinstated, there shall be paid to the Commissioner a fee of $80.00 in addition to any other fee required by statute. This section shall not apply to suspensions issued under the provisions of chapter 11 of this title nor suspensions issued for physical disabilities or failing to pass reexamination. The Commissioner shall not reinstate the license of a driver whose license was suspended pursuant to section 1205 of this title until the Commissioner receives certification from the court that the costs due the State have been paid.
[Subsection (a) effective January 1, 2024; see also subsection (a) effective until January 1, 2024 set out above.]
(a) Before a suspension or revocation issued by the Commissioner of a person’s operator’s license or privilege of operating a motor vehicle may be terminated or before a person’s operator’s license or privilege of operating a motor vehicle may be reinstated, there shall be paid to the Commissioner a fee of $96.00 in addition to any other fee required by statute. This section shall not apply to suspensions issued under the provisions of chapter 11 of this title nor suspensions issued for physical disabilities or failing to pass reexamination. The Commissioner shall not reinstate the license of a driver whose license was suspended pursuant to section 1205 of this title until the Commissioner receives certification from the court that the costs due the State have been paid.
(b) Any suspension issued as a result of improper information received from the criminal justice system shall be canceled and removed from the record without payment of any fee upon receipt of proper information that the suspension should not have been requested. (Added 1979, No. 202 (Adj. Sess.), § 3, Pt. II, eff. Sept. 1, 1980; amended 1981, No. 180 (Adj. Sess.), § 1, eff. April 22, 1982; 1989, No. 51, § 40; 1995, No. 77 (Adj. Sess.), § 7, eff. March 21, 1996; 2001, No. 102 (Adj. Sess.), § 25, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 37; 2009, No. 50, § 49; 2015, No. 159 (Adj. Sess.), § 38; 2023, No. 78, § G.131, eff. January 1, 2024.)
§ 675. Fee prior to termination or reinstatement of suspension or revocation of license [Effective January 1, 2024]
(a) Before a suspension or revocation issued by the Commissioner of a person’s operator’s license or privilege of operating a motor vehicle may be terminated or before a person’s operator’s license or privilege of operating a motor vehicle may be reinstated, there shall be paid to the Commissioner a fee of $96.00 in addition to any other fee required by statute. This section shall not apply to suspensions issued under the provisions of chapter 11 of this title nor suspensions issued for physical disabilities or failing to pass reexamination. The Commissioner shall not reinstate the license of a driver whose license was suspended pursuant to section 1205 of this title until the Commissioner receives certification from the court that the costs due the State have been paid.
(b) Any suspension issued as a result of improper information received from the criminal justice system shall be canceled and removed from the record without payment of any fee upon receipt of proper information that the suspension should not have been requested. (Added 1979, No. 202 (Adj. Sess.), § 3, Pt. II, eff. Sept. 1, 1980; amended 1981, No. 180 (Adj. Sess.), § 1, eff. April 22, 1982; 1989, No. 51, § 40; 1995, No. 77 (Adj. Sess.), § 7, eff. March 21, 1996; 2001, No. 102 (Adj. Sess.), § 25, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 37; 2009, No. 50, § 49; 2015, No. 159 (Adj. Sess.), § 38; 2023, No. 78, § G.131, eff. January 1, 2024.)
§ 676. Operation after suspension, revocation, or refusal — civil violation
(a) A person whose license or privilege to operate a motor vehicle has been revoked, suspended, or refused by the Commissioner of Motor Vehicles for any reason other than a violation of subsection 1091(b), 1094(b), 1128(b) or (c) of this title, or section 1201 of this title or a suspension under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before the license or privilege of the person to operate a motor vehicle has been reinstated by the Commissioner commits a civil traffic violation.
(b) In establishing a prima facie case against a person accused of violating this section, the Judicial Bureau shall accept as evidence a printout attested to by the law enforcement officer as the person’s motor vehicle record showing convictions and resulting license suspensions. The admitted motor vehicle record shall establish a permissive inference that the person was under suspension or had his or her license revoked on the dates and time periods set forth in the record. The Judicial Bureau shall not require a certified copy of the person’s motor vehicle record from the Department of Motor Vehicles to establish the permissive inference. (Added 1991, No. 55, § 12; amended 1997, No. 117 (Adj. Sess.), § 8a; 1999, No. 110 (Adj. Sess.), § 3; 1999, No. 160 (Adj. Sess.), § 13; 2001, No. 75 (Adj. Sess.), § 6, eff. May 15, 2002; 2003, No. 54, § 13.)
§ 677. Operating commercial motor vehicle after disqualification
(a) A person who has been disqualified from holding a commercial driver’s license under subsection 4116(d) of this title and who operates or attempts to operate a commercial motor vehicle upon a public highway before the commercial driver’s license has been reinstated commits a civil traffic violation. A person who has been disqualified from holding a commercial driver’s license under subsection 4116(a), (b), (c), or (e) of this title and who operates or attempts to operate a commercial motor vehicle on a public highway after the disqualification period has expired but prior to reinstatement commits a civil traffic violation.
(b) A person who has been disqualified from holding a commercial driver’s license under subsection 4116(a), (b), (c), or (e) of this title and who operates or attempts to operate a commercial motor vehicle upon a public highway before the disqualification period has expired shall be subject to the penalties set forth in subsection 674(a) of this title.
(c) A person who violates subsection (a) of this section for the third or subsequent time shall be subject to the penalties set forth in subsection 674(a) of this title. (Added 1991, No. 55, § 13.)
§ 678. Repealed. 2013, No. 57, § 12.
§ 679. Operating commercial motor vehicle after privilege suspended
A person whose privilege to operate a commercial motor vehicle has been suspended under section 4116a of this title and who operates or attempts to operate a commercial motor vehicle upon a public highway before the suspension period has expired shall be subject to the penalties set forth in subsection 674(a) of this title. (Added 1999, No. 160 (Adj. Sess.), § 24.)
- Subchapter 004: Driver Training School Licenses
§ 701. Definitions
The following terms when used in this subchapter shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(1) “Commissioner” means the Vermont Commissioner of Motor Vehicles.
(2) “Department” means the Vermont Department of Motor Vehicles.
(3) “Driver training” means the instruction for hire in the driving of motor vehicles or in the preparation of an applicant for examination given by the Department for a driver’s license, but not including instruction given by employers to their employees.
(4) “Driver training school” means any person engaged in providing driver training through one or more instructors, but not including a public or private school conducting a course in driver training approved by the Secretary of Education and the Commissioner.
(5) “Established place of business” means a location approved by the Commissioner at which the business of a driver’s training school is transacted and at which its records are kept.
(6) “Instructor” means any person engaged in giving driver training.
(7) The terms “licensee” and “applicant” as applied to a firm, partnership, or association include the members thereof and as applied to a corporation include the officers and directors thereof.
(8) “Person” means any individual, combination of individuals, firm, partnership, or corporation; whenever used in any provision of this subchapter which prescribes or imposes a fine or imprisonment, or both, the term “person,” as applied to a firm, partnership, or association, shall include the members thereof and, as applied to a corporation, the officers thereof; a firm, partnership, association, or corporation may be subjected as an entity to the payment of a fine. (Added 1959, No. 153, § 1, eff. Jan. 1, 1960; amended 1999, No. 110 (Adj. Sess.), § 4; 2015, No. 47, § 19.)
[Section 702 effective until January 1, 2024; see also section 702 effective January 1, 2024 set out below.]
§ 702. Training school and instructor’s licenses
A person shall not operate a driver training school or act as an instructor unless the person has secured a license from the Commissioner. Applications for such licenses may be filed with the Commissioner and shall contain the information and shall be on the forms the Commissioner may prescribe. Each application for a driver’s training school license shall be accompanied by an application fee of $150.00, which shall not be refunded. If the application is approved by the Commissioner, the applicant upon payment of an additional fee of $225.00 shall be granted a license, which shall become void two years after the first day of the month of issue unless sooner revoked as provided in this subchapter. The renewal fee shall be $225.00. Each application for an instructor’s license shall be accompanied by an application fee of $105.00, which shall not be refunded. If the application is approved by the Commissioner, the applicant upon payment of an additional fee of $75.00 shall be granted a license, which shall become void two years after the first day of the month of issue unless sooner revoked as provided in this subchapter. The renewal fee shall be $75.00. (Added 1959, No. 153, § 2, eff. Jan. 1, 1960; amended 1989, No. 51, § 41; 1997, No. 59, § 75, eff. June 30, 1997; 2015, No. 159 (Adj. Sess.), § 39; 2017, No. 132 (Adj. Sess.), § 9.)
[Section 702 effective January 1, 2024; see also section 702 effective until January 1, 2024 set out above.]
§ 702. Training school and instructor’s licenses
A person shall not operate a driver training school or act as an instructor unless the person has secured a license from the Commissioner. Applications for such licenses may be filed with the Commissioner and shall contain the information and shall be on the forms the Commissioner may prescribe. Each application for a driver’s training school license shall be accompanied by an application fee of $180.00, which shall not be refunded. If the application is approved by the Commissioner, the applicant upon payment of an additional fee of $270.00 shall be granted a license, which shall become void two years after the first day of the month of issue unless sooner revoked as provided in this subchapter. The renewal fee shall be $270.00. Each application for an instructor’s license shall be accompanied by an application fee of $126.00, which shall not be refunded. If the application is approved by the Commissioner, the applicant upon payment of an additional fee of $90.00 shall be granted a license, which shall become void two years after the first day of the month of issue unless sooner revoked as provided in this subchapter. The renewal fee shall be $90.00. (Added 1959, No. 153, § 2, eff. Jan. 1, 1960; amended 1989, No. 51, § 41; 1997, No. 59, § 75, eff. June 30, 1997; 2015, No. 159 (Adj. Sess.), § 39; 2017, No. 132 (Adj. Sess.), § 9; 2023, No. 78, § G.132, eff. January 1, 2024.)
[Section 703 effective until January 1, 2024; see also section 703 effective January 1, 2024 set out below.]
§ 703. Possession of license
Each person granted a driver’s training school license shall display the same conspicuously on the school premises. Each person granted an instructor’s license shall carry the same in his or her possession while engaged in giving driver training. In case of loss, mutilation, or destruction of a license certificate, the Commissioner shall issue a duplicate certificate upon payment of a fee of $8.00. (Added 1959, No. 153, § 3, eff. Jan. 1, 1960; amended 1989, No. 51, § 42; 2015, No. 159 (Adj. Sess.), § 40.)
[Section 703 effective January 1, 2024; see also section 703 effective until January 1, 2024 set out above.]
§ 703. Possession of license
Each person granted a driver’s training school license shall display the same conspicuously on the school premises. Each person granted an instructor’s license shall carry the same in the person’s possession while engaged in giving driver training. In case of loss, mutilation, or destruction of a license certificate, the Commissioner shall issue a duplicate certificate upon payment of a fee of $10.00. (Added 1959, No. 153, § 3, eff. Jan. 1, 1960; amended 1989, No. 51, § 42; 2015, No. 159 (Adj. Sess.), § 40; 2023, No. 78, § G.133, eff. January 1, 2024.)
§ 704. Qualifications for training school license
To qualify for a driver’s training school license, each new and renewal applicant shall:
(1) not have been convicted of a felony nor incarcerated for a felony within the 10 years prior to the date of application;
(2) maintain an established place of business open to the public;
(3) maintain bodily injury and property damage liability insurance on each motor vehicle being used in driver training, insuring the liability of the driver training school and the operator of each motor vehicle for each instructor and of any person while using any such motor vehicle with the permission of the named insured in at least the following amount: $300,000.00 for bodily injury or death of one person in any one crash and, subject to said limit for one person, $500,000.00 for bodily injury or death of two or more persons in any one crash, and $100,000.00 for damage to property of others in any one crash;
(4) have the equipment necessary to the giving of proper instruction in the operation of motor vehicles; and
(5) pay the application and license fees prescribed in section 702 of this title. (Added 1959, No. 153, § 4, eff. Jan. 1, 1960; amended 1981, No. 136 (Adj. Sess.), § 1, eff. Jan. 1, 1983; 1999, No. 110 (Adj. Sess.), § 5; 2013, No. 189 (Adj. Sess.), § 11; 2021, No. 105 (Adj. Sess.), § 415, eff. July 1, 2022.)
§ 705. Qualifications for instructor’s license
In order to qualify for an instructor’s license, each applicant shall:
(1) not have been convicted of:
(A) a felony nor incarcerated for a felony within the 10 years prior to the date of application;
(B) a violation of section 1201 of this title or a like offense in another jurisdiction reported to the Commissioner pursuant to subdivision 3905(a)(2) of this title within the three years prior to the date of application;
(C) a subsequent violation of an offense listed in subdivision 2502(a)(5) of this title or of section 674 of this title; or
(D) a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3;
(2) pass such examination as the Commissioner shall require on:
(A) traffic laws;
(B) safe driving practices;
(C) operation of motor vehicles; and
(D) qualifications as a teacher;
(3) be physically able to operate a motor vehicle and to train others in such operation;
(4) have five years’ experience as a licensed operator and be at least 21 years of age on date of application;
(5) pay the application and license fees prescribed in section 702 of this title. (Added 1959, No. 153, § 5, eff. Jan. 1, 1960; amended 1999, No. 110 (Adj. Sess.), § 6; 2013, No. 57, § 17.)
§ 706. Powers of Commissioner
The Commissioner may by rule prescribe requirements and standards for driver training, operation of driver training schools, and conduct of instructors. The charges for such driver training shall be subject to the approval of the Commissioner. (Added 1959, No. 153, § 6, eff. Jan. 1, 1960.)
§ 707. Records required; maintenance of vehicles
Every driver’s training school licensee shall keep a record on such forms as the Commissioner may prescribe showing the name and address of each instructor, the instruction license number of such instructor, the particular type of instruction given and how much time was given to each type of instruction, and such other information as the Commissioner may require. Such record shall be open to the inspection of the Department at all reasonable times. Individually identifying information about students that is exempt from public inspection and copying under 1 V.S.A. § 317(c)(7) shall be kept confidential. Every driver’s training school licensee shall maintain all vehicles used in driver training in safe mechanical condition at all times. (Added 1959, No. 153, § 7, eff. Jan. 1, 1960; amended 2015, No. 29, § 13.)
§ 708. Refusal to issue license
The Commissioner may refuse to issue a license to any applicant for a driver’s training school license or instructor’s license when he or she is satisfied that:
(1) the applicant has not met the applicable requirements of sections 704 and 705 of this title;
(2) the applicant has made a material false statement or concealed a material fact in connection with the application;
(3) the applicant was previously the holder of a driver’s training school or instructor’s license that was revoked, suspended, or refused renewal;
(4) the applicant has been convicted of a felony or any crime involving violence, dishonesty, or deceit;
(5) the applicant is not the true owner of the driver training school. (Added 1959, No. 153, § 8, eff. Jan. 1, 1960; amended 1999, No. 110 (Adj. Sess.), § 7.)
§ 709. Suspension and revocation
(a) The Commissioner may at any time cancel, suspend, revoke, or refuse to renew any driver’s training school or instructor’s license when he or she is satisfied that:
(1) the licensee fails to meet the applicable requirements for a license under sections 704 and 705 of this title;
(2) under the circumstances the Commissioner would have the right under the provisions of section 708 of this title to refuse to issue a license if the licensee were then making application therefor;
(3) the licensee represents himself or herself as an agent or employee of the Department or uses advertising designed to lead persons, or that would reasonably have the effect of leading persons, to believe that such licensee is an employee or representative of the Department;
(4) the licensee has willfully violated the provisions of section 705 of this title;
(5) the licensee has failed to comply with the rules of the Commissioner made pursuant to this subchapter.
(b) Notwithstanding the renewal of a license, the Commissioner may revoke or suspend such license for causes prescribed in this section although such causes occurred during license periods prior to the renewal. (Added 1959, No, 153, § 9, eff. Jan. 1, 1960.)
§ 710. Hearing and appeal
Each holder of a driver’s training school or instructor’s license under this section shall be entitled to notice and hearing prior to cancellation, suspension, revocation, or failure by the Department to renew the license of such licensee. Hearings under the provisions of this section shall be held in accordance with the provisions of sections 105-107 of this title, and at such time and place as the Commissioner may determine. (Added 1959, No. 153, § 10, eff. Jan. 1, 1960.)
§ 711. Penalties
Any person who operates a driver training school or acts as an instructor without a license shall be assessed a civil penalty of not more than $500.00. (Added 1959, No. 153, § 11, eff. Jan. 1, 1960; amended 2003, No. 109 (Adj. Sess.), § 5; 2019, No. 131 (Adj. Sess.), § 158.)
- Subchapter 005: Driver Retraining Program
§ 721. Authority to require driver retraining
The Commissioner of Motor Vehicles, either in his or her discretionary authority under this chapter or upon the recommendation of a judge of a court of competent jurisdiction, may require a motor vehicle operator to attend at his or her own expense a driver retraining course as defined and established by the Department of Motor Vehicles under section 723 of this title. (Added 1961, No. 201, § 1.)
§ 722. Recommendation of a court
When a motor vehicle operator is convicted of a violation of subchapters 1 through 5 of chapter 13 of this title involving the operation of a motor vehicle in motion, the judge of the court in which the conviction was obtained may recommend, in writing, to the Commissioner of Motor Vehicles that the operator be required to attend a driver retraining course. The judge may delay sentencing the operator until he or she has had an answer to his or her recommendation from the Commissioner. If advised by the Commissioner that the operator has been ordered to take a driver retraining program, the judge may further delay sentencing the operator for a period not to exceed 90 days. If the judge receives evidence that the operator has satisfactorily completed a driver retraining course, he or she may then consider all the facts and circumstances of the case and either impose a penalty and costs or waive all or any part of the penalty and costs making a note of the action on the original warrant. In such cases the court shall in no way be relieved of the duty of filing forthwith upon conviction the report required under section 1709 of this title. (Added 1961, No. 201, § 2.)
§ 723. Supervision
(a) The Commissioner of Motor Vehicles may by rule prescribe requirements and standards for driver retraining, operation of a driver retraining program, and qualifications and conduct of the instructors.
(b) Upon application of a person as defined by section 701 of this title, the Commissioner may authorize the establishment and operation of a driver retraining program.
(c) The Commissioner may at any time cancel or revoke a person’s authorization to establish and operate a driver retraining program when he or she is satisfied that the person has failed to comply with the rules of the Commissioner made under subsection (a) of this section. (Added 1961, No. 201, § 3.)
§ 723a. Operation of course by Department of Motor Vehicles
(a) The Commissioner of Motor Vehicles may also cause a driver retraining course to be operated by the Department of Motor Vehicles at the times and places and in the manner he or she may determine by rule from time to time.
(b) When an operator required to attend a driver retraining course under this subchapter applies to attend a course operated by the Department, he or she shall pay to the Department a fee set by the Commissioner, but not to exceed $25.00, that shall not be refunded. (Added 1966, No. 38 (Sp. Sess.), § 2.)
§ 724. Repealed. 1971, No. 228 (Adj. Sess.), § 32.
- Subchapter 006: Motorcycle Rider Training Program
§ 731. Legislative intent
(a) The General Assembly finds that a comprehensive training program for motorcycle operators would enhance operator safety and reduce the number of injuries that occur as a result of motorcycle crashes. Since the great majority of motorcycle crashes involve inexperienced operators, a training program focused on inexperienced operators is the primary purpose of this legislation. The training program established shall be operated pursuant to nationally recognized safety and training standards and shall be funded from registration and license fees paid by Vermont motorcycle operators.
(b) It is the intent of the General Assembly that revenue from fee increases specified in this act shall be used for administration of the motorcycle rider training program and expenses relating to the program, including instructor training, licensing improvement, alcohol and drug education, public awareness, a driver improvement program for motorcyclists, technical assistance, program promotion, and other motorcycle safety programs. Funds may also be used for reimbursement of persons with course sites. (Added 1989, No. 268 (Adj. Sess.), § 1, eff. June 21, 1990; amended 1997, No. 9, § 3, eff. May 6, 1997; 2019, No. 131 (Adj. Sess.), § 159.)
§ 732. Definitions
As used in this subchapter:
(1) “Chief instructor” means a licensed motorcycle operator who meets the standards established by the Department to qualify to train and oversee instructors for the motorcycle rider education program.
(2) “Commissioner” means the Commissioner of Motor Vehicles.
(3) “Department” means the Department of Motor Vehicles.
(4) “Motorcycle rider training program” means the Motorcycle Training and Information Disbursement Plan created in section 733 of this title.
(5) “Program coordinator” means the person designated by the Commissioner to plan, organize, and administer the motorcycle rider training program as provided in subsection 733(b) of this title.
(6) “Rider training course” means a motorcycle rider education curriculum and delivery system approved by the Department as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.
(7) “Training specialist” means the person designated by the Commissioner to fulfill the obligations stated in subsection 733(c) of this title. (Added 1989, No. 268 (Adj. Sess.), § 1, eff. June 21, 1990.)
§ 733. Motorcycle rider training program
(a) The Department shall establish standards for and shall administer the motorcycle rider training program. The program shall include rider training courses and instructor training. The Department may expand the program to include public awareness, alcohol and drug effects, driver improvement for motorcyclists, licensing improvement, program promotion, or other motorcycle safety programs.
(b) The Commissioner shall appoint a program coordinator who shall oversee and direct the program by setting program and funding guidelines, and conduct an annual evaluation.
(c) The Commissioner shall also appoint one or more training specialists who shall assist in establishing rider training courses throughout the State, support and implement program and funding guidelines and supervise instructors and other personnel as necessary. The training specialist may be a trained chief instructor.
(d) An adequate number of rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the State who desire to participate in the program. The Department shall issue certificates of completion in the manner and form prescribed by the Commissioner to persons who satisfactorily complete the requirements of the course.
(e) The Department may enter into contracts with either public or private institutions or organizations for technical assistance in conducting rider training courses, if the course is administered and taught according to standards established by the Department pursuant to this section for the motorcycle rider training program. If necessary, an organization conducting a rider training course shall charge a reasonable tuition fee which shall be determined by and paid to the Commissioner.
(f) The Commissioner shall adopt rules that are necessary to carry out the provisions of the motorcycle rider training program.
(g) In establishing standards for the motorcycle rider training program, the Department shall be guided by any existing national standards for such programs, including standards of the motorcycle safety foundation.
(h) Any person, agencies, institutions, or organizations offering motorcycle safety instruction under the auspices of this subchapter, with respect to such instruction activities, are exempt from the requirements of subchapter 4 of this chapter relating to driver training school licenses. (Added 1989, No. 268 (Adj. Sess.), § 1, eff. June 21, 1990; amended 1997, No. 59, § 76, eff. June 30, 1997.)
§ 734. Instructor requirements and training
(a) The Department shall establish standards for an approved motorcycle rider training instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe motorcycle operating practices, riding proficiency, and the necessary aptitude for instructing students.
(b) The Department shall establish minimum requirements for the qualifications of a rider training instructor. The minimum requirements shall include the following:
(1) the instructor shall have a high school diploma or its equivalent;
(2) the instructor shall be at least 21 years of age and must hold a valid motorcycle endorsement;
(3) the instructor shall have at least four years of motorcycle riding experience during the last five years;
(4) the instructor’s driver’s license shall not have been suspended or revoked at any time during the preceding two years;
(5) the instructor shall not have any convictions for driving under the influence of alcohol or drugs during the preceding five years;
(6) instructors who are licensed in other states shall furnish certified copies of their driving records to the Department;
(7) an applicant shall not be eligible for instructor status until his or her driving record for the preceding five years, or the maximum number of years less than five for which a state retains driving records, is furnished; and
(8) the instructor shall have an approved instructor certificate that may be a state or Motorcycle Safety Foundation certificate, and the instructor must be registered as a currently active instructor.
(c) Temporary, seasonal employees of the Department of Motor Vehicles hired to provide motorcycle safety instruction, as well as any assistant instructors or range aides hired on a temporary, seasonal basis to provide or assist in the provision of motorcycle safety instruction, shall be exempt from the classified service created in 3 V.S.A. chapter 13. (Added 1989, No. 268 (Adj. Sess.), § 1, eff. June 21, 1990; amended 2001, No. 116 (Adj. Sess.), § 12, eff. May 28, 2002.)
§ 735. Repealed. 2009, No. 135 (Adj. Sess.), § 26(10) and 2009, No. 152 (Adj. Sess.), § 17.
§ 736. Implementation
After a date to be established by the Commissioner in rules, any applicant for a permit or an operator’s license valid for operating a motorcycle, except a renewal applicant or an applicant who surrenders a valid motorcycle license issued by another state, shall successfully complete the rider training course established under this subchapter before taking the on-motorcycle portion of the license examination or, in his or her discretion, the Commissioner may require any applicant to successfully complete an approved classroom training curriculum before a motorcycle learner’s permit or motorcycle endorsement may be issued. The Department shall also exempt applicants who have successfully completed equivalent training courses in other states or provinces. The Commissioner shall not implement the rider training course until the Commissioner determines that the program can be operated effectively, and that there are adequate training vehicles, instructors, curriculum materials, training sites, and program funding to provide the training throughout the State to all those individuals who desire or would be required to complete the course. (Added 1989, No. 268 (Adj. Sess.), § 1, eff. June 21, 1990; amended 1997, No. 9, § 4, eff. May 6, 1997; 2019, No. 131 (Adj. Sess.), § 160.)
