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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 the resident holds a valid license issued by the State.
A new resident who has moved to Vermont 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 after moving to Vermont. 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; 2023, No. 85 (Adj. Sess.), § 270, eff. July 1, 2024.)
§ 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 the Commissioner’s 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 the Commissioner, accompanied
by the required license fee and any valid license from another state or Canadian jurisdiction
is surrendered.
(2) The Commissioner may, however, in the Commissioner’s discretion, refuse to issue a
license to any person whenever the Commissioner is satisfied from information given
the Commissioner by credible persons, and upon investigation, that the person is mentally
or physically unfit or, because of the person’s 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) An applicant who is a citizen of a foreign country shall produce the applicant’s 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 an
applicant who is a citizen of a foreign country shall expire coincidentally with the
applicant’s 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) Applicants 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 the applicant’s 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 “non-Real ID” 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; 2025, No. 66, § 15, eff. July 1, 2025.)
§ 604. Early renewal
(a) The holder of an operator’s license or privilege card issued under the provisions
of this subchapter may renew the operator’s license or privilege card at any time
prior to the expiration of the operator’s license or privilege card. If one or more
years remain before the expiration of the operator’s license or privilege card, the
Commissioner shall reduce the cost of the renewed operator’s license or privilege
card by an amount that is proportionate to the number of years rounded down to the
next whole year remaining before the expiration of the operator’s license or privilege
card.
(b) All application and documentation requirements for the renewal of an operator’s license
or privilege card shall apply to the early renewal of an operator’s license or privilege
card. (Added 2025, No. 66, § 16, eff. June 12, 2025.)
§ 605. Repealed. 2015, No. 158 (Adj. Sess.), § 78(3).
§ 606. Age limit
An operator’s license shall not be issued to an individual under 18 years of age.
An individual 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 18 years of age 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; 2023, No. 85 (Adj. Sess.), § 271, eff. July 1, 2024.)
§ 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; and
(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; 2025, No. 18, § 39, eff. May 13, 2025.)
§ 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.)
§ 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.
(c)(1) Individuals under 23 years of age who were in the care and custody of the Commissioner
for Children and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age shall be provided with operator’s licenses
or operator privilege cards at no charge.
(2) No additional fee shall be due for a motorcycle endorsement for an individual under
23 years of age who was in the care and custody of the Commissioner for Children and
Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age.
[Subsection (d) effective July 1, 2026.]
(d) Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A. § 4501 shall be provided with operator’s licenses or operator privilege cards for the following fees:
(1) Original issuance: $20.00.
(2) Renewal every four years: $20.00.
(3) Replacement of lost, destroyed, or mutilated card or a new name is required: $10.00. (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; 2025, No. 66, § 8, eff. July 1, 2025; 2025, No. 66, § 9, eff. July 1, 2026.)
§ 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) and including an individual disabled during active military, naval, air, or space
service, as defined in 38 U.S.C. § 101(24), 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 the individual’s status as an honorably
discharged veteran; a veteran discharged under honorable conditions; or an individual
disabled during active military, naval, air, or space service, 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; 2023, No. 165 (Adj. Sess.), § 40, eff. June 6, 2024.)
§§ 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 the licensee’s operator’s license certificate in the licensee’s
immediate possession at all times when operating a motor vehicle. However, a licensee
cited with violating this section or section 610 of this subchapter shall not be convicted
if the licensee sends a copy of or produces to the issuing enforcement agency within
seven business days after 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; 2023, No. 85 (Adj. Sess.), § 272, eff. July 1, 2024.)
§ 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
(a) In case of the loss, mutilation, or destruction of a license or error in a license,
the licensee shall immediately notify the Commissioner who shall furnish the licensee
with a replacement on receipt of $24.00.
(b) A replacement license shall not be issued to any individual who has surrendered the
individual’s 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; 2023, No. 85 (Adj. Sess.), § 273, eff. July 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.
(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, except that no fee shall be charged for an individual under 23
years of age who was in the care and custody of the Commissioner for Children and
Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age.
(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, except that no fee shall be charged for an individual
under 23 years of age who was in the care and custody of the Commissioner for Children
and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age.
(3) A motorcycle learner’s permit may be renewed only twice upon payment of a $24.00 fee.
An individual under 23 years of age who was in the care and custody of the Commissioner
for Children and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee for the renewal
of a motorcycle learner’s permit.
(4) 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) the permittee 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.
(5) 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 written
consent to the issuance with the Commissioner.
(d)(1) An applicant shall pay $24.00 to the Commissioner for each learner’s permit or a duplicate
or renewal thereof.
(2) An applicant under 23 years of age who was in the care and custody of the Commissioner
for Children and Families pursuant to 33 V.S.A. § 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee for a learner’s
permit or a duplicate or renewal thereof.
(3) A replacement learner’s permit for the operation of a motorcycle may be generated
from the applicant’s electronic account for no charge.
(e)(1) A learner’s permit for the operation of a motorcycle shall contain a photograph or
imaged likeness of the individual. A learner’s permit for a motor vehicle shall contain
a photograph or imaged likeness of the individual if the permit is obtained in person.
(2) An individual issued a permit under this subsection may renew the individual’s 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; 2025, No. 66, § 10, eff. July 1, 2025.)
§ 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.)
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Subchapter 003: SUSPENSION AND REVOCATION
§ 671. Procedure
(a) In the Commissioner’s 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 of the license
or right to operate 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, the suspension shall not take effect unless
the Commissioner, after hearing, determines that the suspension is justified. If the
Commissioner imposes a suspension, the Commissioner may order the license delivered
to the Commissioner. Not less than six months from the date of suspension and after
each subsequent six months, an individual upon whom such suspension has been imposed
may apply for reinstatement of the individual’s license or right to operate or for
a new license. Upon receipt of such application, the Commissioner shall 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; 2023, No. 85 (Adj. Sess.), § 274, eff. July 1, 2024.)
§ 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 the Commissioner could suspend or revoke the license of any
resident operator. Upon suspension or revocation, the right of the nonresident operator
to operate any motor vehicle in this State shall terminate and the nonresident operator
shall be subject to the same penalties as a resident operator who operates after the
suspension or revocation of the resident operator’s license.
(b) Whenever a nonresident operator has the nonresident operator’s 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; 2023, No. 85 (Adj. Sess.), § 275, eff. July 1, 2024.)
§ 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
(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.)
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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 that 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.)
§ 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.)
§ 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
(a) 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 an examination required by the Commissioner 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; and
(5) pay the application and license fees prescribed in section 702 of this title.
(b) Commercial motor vehicle instructors shall satisfy the requirements of subdivisions
(a)(1), (2), (3), and (5) of this section, and:
(1) If the commercial motor vehicle instructor is a behind the wheel (BTW) instructor,
shall either:
(A)(i) hold a CDL of the same or higher class and with all endorsements necessary to operate
the commercial motor vehicle for which training is to be provided;
(ii) have at least two years of experience driving a commercial motor vehicle requiring
the same or higher class of CDL and any applicable endorsements required to operate
the commercial motor vehicle for which training is to be provided; and
(iii) meet any additional applicable State requirements for commercial motor vehicle instructors;
or
(B)(i) hold a CDL of the same or higher class and with all endorsements necessary to operate
the commercial motor vehicle for which training is to be provided;
(ii) have at least two years’ experience as a BTW instructor; and
(iii) meet any additional applicable State requirements for commercial motor vehicle instructors.
(2) If the commercial motor vehicle instructor is a theory instructor, the instructor
shall:
(A)(i) hold a CDL of the same or higher class and with all endorsements necessary to operate
the commercial motor vehicle for which training is to be provided;
(ii) have at least two years of experience driving a commercial motor vehicle requiring
the same or higher class of CDL and any applicable endorsements required to operate
the commercial motor vehicle for which training is to be provided; and
(iii) meet any additional applicable State requirements for commercial motor vehicle instructors;
or
(B)(i) hold a CDL of the same or higher class and with all endorsements necessary to operate
the commercial motor vehicle for which training is to be provided;
(ii) have at least two years’ experience as a BTW instructor; and
(iii) meet any additional applicable State requirements for commercial motor vehicle instructors. (Added 1959, No. 153, § 5, eff. Jan. 1, 1960; amended 1999, No. 110 (Adj. Sess.), § 6; 2013, No. 57, § 17; 2025, No. 18, § 39, eff. May 13, 2025; 2025, No. 66, § 20, eff. July 1, 2025.)
§ 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 the Commissioner 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; and
(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; 2025, No. 18, § 39, eff. May 13, 2025.)
§ 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 the Commissioner 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; or
(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; amended 2025, No. 18, § 39, eff. May 13, 2025.)
§ 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.)