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Subchapter 001: GENERAL PROVISIONS
§ 1001. Rules
(a) The Commissioner may adopt rules:
(1) relating to motor vehicle equipment in all cases where its use is not defined in this
title and whenever the use or nonuse, contrary to the rules, in the judgment of the
Commissioner, may render the operation of the motor vehicle hazardous or unlawful;
(2) restricting or prohibiting the use of pictures, advertising matter, or other thing
placed on or over any transparent part of a motor vehicle;
(3) relating to any other matter or thing that, in the Commissioner’s judgment, may hinder
or impede the operator in the safe and careful operation of a motor vehicle; and
(4) in explanation of and in addition to, but not inconsistent with, the provisions of
this title concerning any matter or thing that, in the Commissioner’s judgment, may
render the operation of motor vehicles safer and lessen motor vehicle crashes and
resulting injuries or fatalities.
(b) The Commissioner may adopt rules uniform with the regulations of the federal agency
having jurisdiction over motor vehicles subject to federal law so far as the rules
are applicable to the vehicles or to vehicles of the same type not subject to federal
law, or to both.
(c) The Commissioner shall adopt rules under this section only in accordance with 3 V.S.A. chapter 25. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 211 (Adj. Sess.), § 10; 2019, No. 131 (Adj. Sess.), § 172; 2023, No. 85 (Adj. Sess.), § 283, eff. July 1, 2024; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1002. Repealed. 1981, No. 82, § 7(7).
§ 1003. State speed zones
(a) When the Traffic Committee constituted under 19 V.S.A. § 1(24) determines, on the basis of an engineering and traffic investigation that shall take
into account, if applicable, safe speeds within school zones (or safe speeds within
200 feet of school district-operated prekindergarten program facilities owned or leased
by a school district) when children are traveling to or from such schools or facilities,
that a maximum speed limit established by this chapter is greater or less than is
reasonable or safe under conditions found to exist at any place or upon any part of
a State highway, including the Dwight D. Eisenhower National System of Interstate
and Defense Highways, it may determine and declare a reasonable and safe limit that
is effective when appropriate signs stating the limit are erected. This limit may
be declared to be effective at all times or at times indicated upon the signs; and
differing limits may be established for different times of day, different types of
vehicles, varying weather conditions, or based on other factors bearing on safe speeds,
which are effective when posted upon appropriate fixed or alterable signs.
(b) When establishing a maximum speed limit on a State highway contiguous to a school,
the Traffic Committee shall consider, along with the engineering and traffic investigation,
data collected for the purpose of promulgating a school travel plan under the Vermont
Safe Routes to School Program. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2003, No. 151 (Adj. Sess.), § 3; 2009, No. 50, § 100; 2009, No. 123 (Adj. Sess.), § 40, eff. May 26, 2010.)
§ 1004. Interstate highway rules
(a) The Traffic Committee has exclusive authority to make and publish, and from time to
time may alter, amend, or repeal, rules pertaining to vehicular, pedestrian, and animal
traffic, and the public safety on the Dwight D. Eisenhower National System of Interstate
and Defense Highways and other limited access and controlled access highways within
this State. The rules and any amendments or revisions may be made by the Committee
only in accordance with 3 V.S.A. chapter 25. The rules shall be consistent with accepted motor vehicle codes or standards, shall
be consistent with law, and shall not be unreasonable or discriminatory in respect
to persons engaged in like, similar, or competitive activities. The rules are applicable
only to the extent that they are not in conflict with regulations or orders issued
by any agency of the United States having jurisdiction and shall be drawn with due
consideration for the desirability of uniformity of law of the several states of the
United States.
(b) Rules authorized by this section are effective on interstate and other limited access
and controlled access highways only, taking precedence over those then in force and
future highway laws and rules applicable to highways generally; however, the general
highway laws and rules are effective on interstate highways until properly authorized
rules providing otherwise are adopted.
(c) Rules, together with alterations and amendments of rules, made under this section
have the force of law, and violations shall be traffic violations under section 2302 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 16, § 2, eff. March 1, 1973; 2003, No. 109 (Adj. Sess.), § 6; 2009, No. 123 (Adj. Sess.), § 41, eff. May 26, 2010.)
§ 1005. Regulation of parking
The Traffic Committee may place signs prohibiting or restricting the stopping, standing,
or parking of vehicles on any highway under its jurisdiction where, in its opinion,
stopping, standing, or parking is dangerous to those using the highway or would unduly
interfere with the free movement of traffic. The signs shall be official signs, and
no individual may stop, stand, or park any vehicle in violation of the restrictions
stated on such signs. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2019, No. 131 (Adj. Sess.), § 173.)
§ 1006. Stopping at railroad crossings
The Traffic Committee may designate particularly dangerous railroad grade crossings,
and the Agency of Transportation shall erect stop signs at each. The expense of erecting
these stop signs shall be borne by the Agency of Transportation. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; 1983, No. 25, § 1; amended 1997, No. 150 (Adj. Sess.), § 14.)
§ 1006a. Highways; emergency closure
(a) The Traffic Committee may close any part or all of any State highway to public travel
to protect the health, safety, or welfare of the public. In such event, the Agency
may maintain a detour comprising State or town highways, or both, around the closed
section. If the Agency maintains a detour on a town highway, it shall be responsible
for repairing any damage to the town highway caused by the detoured traffic.
(b) The Traffic Committee may establish a temporary speed limit within that portion of
the State highways that is being reconstructed or maintained. The limit shall be
effective when appropriate signs stating the limit are erected.
(c) Under 3 V.S.A. chapter 25, the Traffic Committee shall adopt such rules as are necessary to administer this
section and may delegate this authority to the Agency of Transportation.
(d) Notwithstanding the maximum penalty established in section 2302 of this title and the waiver penalties established under 4 V.S.A. § 1102(d), the civil penalty for violating a speed limit established under subsection (b) of
this section shall be twice the penalty for a non-worksite speed limit violation. (Added 1975, No. 4, eff. Feb. 14, 1975; amended 1991, No. 15, § 1; 1997, No. 150 (Adj. Sess.), § 15; 2013, No. 167 (Adj. Sess.), § 19; 2015, No. 23, § 123; 2015, No. 47, § 25; 2019, No. 149 (Adj. Sess.), § 29.)
§ 1006b. Smugglers’ notch; winter closure of Vermont Route 108; vehicle operation prohibited
(a) Winter closure. The Agency of Transportation may close the Smugglers’ Notch segment of Vermont Route
108 during periods of winter weather.
(b) Vehicle operation prohibition.
(1) Single-frame motor vehicles over 40 feet in length and tractor units with one or
more attached trailers over 45 feet in total length are prohibited from operating
on the Smugglers’ Notch segment of Vermont Route 108.
(2) The employer of an operator who is operating a vehicle in the scope of employment
and violates this subsection or the operator of a vehicle who is operating a vehicle
for personal purposes and violates this subsection shall be subject to a civil penalty
of $1,000.00 or, if the violation results in substantially impeding the flow of traffic
on Vermont Route 108, a civil penalty of $2,000.00. For a second or subsequent conviction
within a three-year period, the applicable penalty shall be doubled.
(3) The prohibition in subdivision (1) of this subsection shall not apply to law enforcement,
fire, emergency medical services, and search and rescue vehicles involved in training
or responding to real-world incidents.
(c) Required signage. The Agency shall erect signs conforming to the standards established by section 1025 of this title to indicate the closures and restrictions authorized under this section. (Added 2007, No. 75, § 37; amended 2007, No. 164 (Adj. Sess.), § 52; 2015, No. 158 (Adj. Sess.), § 68; 2021, No. 184 (Adj. Sess.), § 40, eff. July 1, 2022; 2023, No. 6, § 253, eff. July 1, 2023.)
§ 1006c. Chain requirements for vehicles with weight ratings of more than 26,000 pounds
(a) As used in this section, “chains” means link chains, cable chains, or another device
that attaches to a vehicle’s tire or wheel or to the vehicle itself and is designed
to augment the traction of the vehicle under conditions of snow or ice.
(b) The Secretary of Transportation, the Commissioner of Motor Vehicles, or the Commissioner
of Public Safety, or their designees, may require the use of tire chains on specified
portions of State highways during periods of winter weather for vehicles with a gross
vehicle weight rating (GVWR) of more than 26,000 pounds or gross combination weight
rating (GCWR) of more than 26,000 pounds.
(c) When tire chains are required, advance notice shall be given to the traveling public
through signage and, whenever possible, through public service announcements. In areas
where tire chains are required, there shall be an adequate area for vehicles to pull
off the traveled way to affix any chains that might be required.
(d) Under 3 V.S.A. chapter 25, the Traffic Committee may adopt such rules as are necessary to administer this section
and may delegate this authority to the Secretary.
(e) When signs are posted and chains required in accordance with this section, chains
shall be affixed as follows on vehicles with a GVWR or a GCWR of more than 26,000
pounds:
(1) Solo vehicles. A vehicle not towing another vehicle:
(A) that has a single-drive axle shall have chains on one tire on each side of the drive
axle; or
(B) that has a tandem-drive axle shall have chains on:
(i) two tires on each side of the primary drive axle; or
(ii) if both axles are powered by the drive line, on one tire on each side of each drive
axle.
(2) Vehicles with semitrailers or trailers. A vehicle towing one or more semitrailers or trailers:
(A) that has a single-drive axle towing a trailer shall have chains on two tires on each
side of the drive axle and on one tire on the front axle and on one tire on one of
the rear axles of the trailer;
(B) that has a single-drive axle towing a semitrailer shall have chains on two tires on
each side of the drive axle and on two tires, one on each side, of any axle of the
semitrailer;
(C) that has a tandem-drive axle towing a trailer shall have:
(i) chains on two tires on each side of the primary drive axle, or if both axles of the
vehicle are powered by the drive line, on one tire on each side of each drive axle;
and
(ii) chains on one tire of the front axle and on one tire on one of the rear axles of the
trailer;
(D) that has a tandem-drive axle towing a semitrailer shall have:
(i) chains on two tires on each side of the primary drive axle, or if both axles of the
vehicle are powered by the drive line, on one tire on each side of each drive axle;
and
(ii) chains on two tires, one on each side, of any axle of the semitrailer.
(f) Either the operator of a vehicle required to be chained under this section who fails
to affix chains as required in this section, or the operator’s employer, shall be
subject to a civil penalty of $1,000.00. If the violation results in substantially
impeding the flow of traffic on a highway, the penalty shall be $2,000.00. For a second
or subsequent conviction within a three-year period, the penalty shall be doubled. (Added 2009, No. 50, § 71; amended 2015, No. 158 (Adj. Sess.), § 69; 2017, No. 113 (Adj. Sess.), § 153; 2017, No. 132 (Adj. Sess.), § 10.)
§ 1007. Local speed limits
(a)(1) The legislative body of a municipality may establish, on the basis of an engineering
and traffic investigation, a speed limit on all or a part of any city, town, or village
highway within its jurisdiction, which:
(A) is not more than 50 miles per hour; however, after considering neighborhood character,
abutting land use, bicycle and pedestrian use, and physical characteristics of the
highways, the legislative body of a municipality may vote to set the maximum speed
limit, without an engineering and traffic investigation, at not more than 50 miles
per hour nor less than 35 miles per hour, on all or a portion of unpaved town highways
within its boundaries, unless otherwise posted in accordance with the provisions of
this section; or
(B) is not less than 25 miles per hour.
(2) If the legislative body of a municipality votes to set the speed limit on all unpaved
town highways in its boundaries at no more than 50 miles per hour nor less than 35
miles per hour as provided for in subdivision (1) of this subsection, signs shall
be located at points of change from one speed limit to another.
(b) The legislative body of a city may establish, on the basis of an engineering and traffic
investigation, a speed limit on all or a part of any State highway, other than a limited
access highway, within its jurisdiction, which:
(1) is not more than 50 miles per hour; or
(2) is not less than 25 miles per hour.
(c) Any altered limit is effective at all times or during hours of darkness or at other
times as may be determined when appropriate signs giving notice are erected upon the
street or highway.
(d) The ordinances have the full force and effect of law and are in the case of ordinances
adopted under subsections (a) and (b) of this section subject to review by the Traffic
Committee, whose decision is final.
(e) Lack of evidence of a traffic and engineering study will not invalidate a local speed
limit ordinance as adopted or amended under this section after five years following
the day on which the speed limit ordinance took effect.
(f) Notwithstanding the procedure outlined in this section for enacting a local speed
limit, a town or village may adopt a local speed ordinance on a State highway, other
than on limited access highways, provided the ordinance duplicates the speed limit
established under section 1003 of this title.
(g) Notwithstanding any requirements of section 1025 of this title, downtown development districts designated under 24 V.S.A. chapter 76A may have posted speed limits of less than 25 miles per hour. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 239 (Adj. Sess.), § 2; 1975, No. 232 (Adj. Sess.), § 9, eff. April 7, 1976; 1989, No. 261 (Adj. Sess.), § 1, eff. June 16, 1990; 1995, No. 133 (Adj. Sess.), § 2; 1997, No. 120 (Adj. Sess.), § 7; 1999, No. 32, § 1; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1007a. Neighborhood electric vehicles; speed limit
The maximum speed for a neighborhood electric vehicle shall be 25 miles per hour. (Added 2003, No. 8, § 2.)
§ 1008. Ordinances in municipalities
(a) The legislative body of a municipality may adopt ordinances as to the operation, use,
and parking of motor vehicles, including angle parking; as to the location, design,
and structure of traffic lights; as to “stop” signs and “yield right of way” signs
at intersections; as to “no-passing” zones; and as to streets designated for one-way
traffic in the thickly settled portions of the municipality and may cause any street
or highway of adequate width to be divided by appropriate markings into three or more
lanes and may, by ordinance, regulate the direction of travel and the turning of vehicles
proceeding in those lanes and the passing of vehicles in one lane by overtaking vehicles
in another lane, may cause markers, buttons, or signs to be placed within or adjacent
to intersections and thereby direct the course traveled by vehicles turning at an
intersection, and when markers, buttons, or signs are so placed no driver may turn
a vehicle at an intersection other than as directed by the markers, buttons, or signs.
However, signs indicating the ordinances must be conspicuously posted in and near
all areas affected. Ordinances may not be established on any State highway as defined
by 19 V.S.A. § 1(20). Ordinances on all State highways may be made only by the Traffic Committee under
section 1003 of this title, except that the Traffic Committee may authorize the legislative body of a municipality
to regulate parking within a thickly settled area of a municipality, particularly
described in the authorization, on State highways. The board of school directors of
a union high school district may adopt ordinances as to the operation, use, and parking
of motor vehicles within the boundaries of its school property.
(b) The legislative body of a municipality may adopt ordinances as to the use of lights
at night on motor vehicles at rest or in motion on well lighted streets.
(c) Municipal motor vehicle ordinances shall not duplicate or contradict any provision
of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1971, No. 258 (Adj. Sess.), § 13, eff. March 1, 1973; 2017, No. 74, § 61; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1008a. Regulation of motor vehicles at State airports
(a)(1) The Secretary may adopt rules governing the operation, use, and parking of motor vehicles
on the grounds of State airports, including the access roads.
(2) In addition, the Secretary may prescribe special restrictions related to parking of
plug-in electric vehicles in designated areas on such grounds.
(b) Signs indicating the rules or restrictions shall be conspicuously posted in and near
all areas affected. (Added 1993, No. 61, § 26, eff. June 3, 1993; amended 2017, No. 139 (Adj. Sess.), § 17.)
§ 1009. Restrictions of controlled-access roadway
(a) The Traffic Committee by resolution or order entered in its minutes may regulate or
prohibit the use of any controlled-access highway by any class or kind of traffic
that is found to be incompatible with the normal and safe movement of traffic.
(b) The Traffic Committee adopting any such prohibition shall erect and maintain official
traffic-control devices on the controlled-access highway on which such prohibitions
are applicable and when these are in place, no person shall disobey the restrictions
stated on such devices.
(c) The Traffic Committee may authorize the stopping of a school bus on a controlled-access
highway to pick up or discharge passengers, except the Traffic Committee may only
authorize the stopping of a school bus on the Dwight D. Eisenhower National System
of Interstate and Defense Highways if, after a traffic and engineering study, it determines
that there is no viable alternative and that adequate safety for the passengers, school
bus, and other highway users can be maintained. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 9; 2021, No. 20, § 238; 2021, No. 105 (Adj. Sess.), § 417, eff. July 1, 2022.)
§ 1010. Special occasions; town highway maintenance
(a) When it appears that traffic will be congested by reason of a public occasion or when
a town highway is being reconstructed or maintained or where utilities are being installed,
relocated, or maintained, the legislative body of a municipality may adopt ordinances
as to the speed of motor vehicles, may exclude motor vehicles from town highways,
and may adopt traffic ordinances as the public good requires. However, signs indicating
the ordinances must be conspicuously posted in and near all affected areas, giving
as much notice as possible to the public so that alternative routes of travel could
be considered.
(b) Notwithstanding the maximum penalty established in section 2302 of this title and the waiver penalties established under 4 V.S.A. § 1102(d), the civil penalty for violating a speed limit established under the worksite provision
of this section shall be twice the penalty for a non-worksite speed limit violation. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1991, No. 15, § 2; 1997, No. 150 (Adj. Sess.), § 16; 2009, No. 123 (Adj. Sess.), § 42; 2015, No. 47, § 26; 2019, No. 149 (Adj. Sess.), § 30; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1011. Applicability of this chapter
(a) The provisions of this chapter relating to the operation of motor vehicles apply to
operation upon public highways only, except where a different place is specifically
referred to.
(b) On-duty enforcement officers are exempt from the speed limits established in accordance
with sections 1003 and 1007 of this title and fixed by section 1081 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1012. Obedience to enforcement officers
(a) A person while operating or in charge of a motor vehicle shall, upon request by an
enforcement officer who reasonably suspects that the person has committed or is committing
a violation of this title, give his or her name and address and the name and address
of the owner of the motor vehicle.
(b) The operator shall produce his or her operator’s license and the registration certificate
for the motor vehicle. If the operator does not have a valid Vermont operator’s license
or does not have the license on his or her person, the operator shall produce other
suitable forms of identification. A person operating a motor vehicle shall promptly
and carefully stop when signalled to stop by an enforcement officer wearing insignia
that identifies the officer.
(c) A person who violates subsection (a) of this section shall be fined not more than
$1,250.00.
(d) A person who violates subsection (b) of this section shall be assessed a civil penalty
of not more than $250.00. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 109, § 6, eff. July 1, 1990; 1999, No. 58, § 7.)
§ 1013. Authority of enforcement officers
Enforcement officers may make arrests for violation of this title; may direct, control,
and regulate traffic; and may make reasonable orders in enforcement of this title
or to prevent or alleviate traffic congestion, property damage, or personal injury.
No person may knowingly fail or refuse to comply with any lawful order or direction
of any enforcement officer. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1014. Persons riding animals
A person riding an animal or driving any animal-drawn vehicle upon a road is granted
all of the rights and is subject to all of the duties applicable to the driver of
a motor vehicle by this chapter except those provisions of this chapter that by their
very nature can have no application. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1015. Authorized emergency vehicles
(a) The driver of an authorized emergency vehicle, when responding to an emergency call
or when responding to, but not returning from, a fire alarm and a law enforcement
officer operating an authorized emergency vehicle in fresh pursuit of a suspected
violator of the law:
(1) may park or stand contrary to the provisions of this chapter;
(2) may proceed past a red or stop signal or stop sign, but only after slowing down as
may be necessary for safe operation;
(3) shall come to a full stop when approaching a school bus that is flashing red lights
and may proceed only when the flashing red lights are extinguished;
(4) may exceed the maximum speed limits; and
(5) may disregard ordinances governing direction of movement or turning in specified directions.
(b) The exemptions granted to an authorized emergency vehicle apply only when the vehicle
is making use of audible or visual signals meeting the requirements of this title.
(c) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons nor shall such
provisions protect the driver from the consequences of his or her reckless disregard
for the safety of others.
(d) The operator of a school bus, upon the approach of an authorized emergency vehicle
as described in subsection (a) of this section, shall take action immediately to get
school-children out of the public highway and to a safe place and shall thereafter
extinguish the flashing red lights. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 97, §§ 1, 2; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1016. Reports of arrests
Law enforcement officers who make arrests or issue citations for violations of this
title shall forward a written report on forms prescribed and furnished by the Commissioners
of Motor Vehicles and of Public Safety and approved by the Attorney General with respect
to any matter affecting the substantive rights of any person to the Department of
Motor Vehicles within 30 days after the arrest is made or the citation is issued. (Added 1975, No. 72, eff. April 18, 1975; amended 1981, No. 81, § 2, eff. May 5, 1981; 2009, No. 39, § 2.)
§ 1017. Speed limit in school zones
Notwithstanding the maximum penalty established in subsection 2302(c) of this title and the waiver penalties established pursuant to 4 V.S.A. § 1102(d), the civil penalty for violating a State or municipal speed limit in a school zone
designated with signs in accordance with 19 V.S.A. § 921 shall be twice the penalty for a non-school zone speed limit violation. (Added 2019, No. 149 (Adj. Sess.), § 31.)
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Subchapter 009: VIOLATIONS AND PENALTIES
§ 1091. Negligent operation; grossly negligent operation
(a) Negligent operation.
(1) A person who operates a motor vehicle on a public highway in a negligent manner shall
be guilty of negligent operation.
(2) The standard for a conviction for negligent operation in violation of this subsection
shall be ordinary negligence, examining whether the person breached a duty to exercise
ordinary care.
(3) A person who violates this subsection shall be imprisoned not more than one year or
fined not more than $1,000.00, or both. If the person has been previously convicted
of a violation of this subsection, the person shall be imprisoned not more than two
years or fined not more than $3,000.00, or both. If serious bodily injury to or death
of any person other than the operator results, the operator shall be subject to imprisonment
for not more than two years or to a fine of not more than $3,000.00, or both. If serious
bodily injury or death results to more than one person other than the operator, the
operator may be convicted of a separate violation of this subdivision for each decedent
or person injured.
(b) Grossly negligent operation.
(1) A person who operates a motor vehicle on a public highway in a grossly negligent manner
shall be guilty of grossly negligent operation.
(2) The standard for a conviction for grossly negligent operation in violation of this
subsection shall be gross negligence, examining whether the person engaged in conduct
that involved a gross deviation from the care that a reasonable person would have
exercised in that situation.
(3) A person who violates this subsection shall be imprisoned not more than two years
or fined not more than $5,000.00, or both. If the person has previously been convicted
of a violation of this section, the person shall be imprisoned not more than four
years or fined not more than $10,000.00, or both. If serious bodily injury to or death
of any person other than the operator results, the operator shall be imprisoned for
not more than 15 years or fined not more than $15,000.00, or both. If serious bodily
injury or death results to more than one person other than the operator, the operator
may be convicted of a separate violation of this subdivision for each decedent or
person injured.
(c) Prosecution for manslaughter. The provisions of this section do not limit or restrict the prosecution for manslaughter.
(d) Surcharge. A person convicted of violating subsection (b) of 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. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 220 (Adj. Sess.); 1991, No. 55, § 16; 1995, No. 21, § 4; 1995, No. 151 (Adj. Sess.), § 2; 1997, No. 117 (Adj. Sess.), § 23; 2007, No. 195 (Adj. Sess.), § 2; 2015, No. 153 (Adj. Sess.), § 38; 2019, No. 131 (Adj. Sess.), § 179.)
§ 1092. Damaging surface of road
No person may operate or move upon or over any highway or bridge a vehicle, machine,
or contrivance that has any flange, ribs, clamps, or other object attached to or made
a part of its wheels that will injure, cut into, or destroy the surface of the highway
or bridge to any appreciable extent. This provision does not restrict the right of
any person to use tires that are equipped with “studs” or “cleats,” so-called, of
a type designed for general use to facilitate travel in winter. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1093. Smoke screen device
No person may operate, or permit to be operated, a motor vehicle that is equipped
with any special device or contrivance, subject to the control of the operator, designed
to give off a smoke screen, so-called, or designed to impede or hinder any law enforcement
officer, in the discharge of his or her duties. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1094. Operation without consent of owner; aggravated operation without consent of owner
(a) A person commits the crime of operation without consent of the owner if:
(1) the person takes, obtains, operates, uses, or continues to operate the motor vehicle
of another when the person should have known that the person did not have the consent
of the owner to do so; or
(2) the person takes, obtains, operates, uses, or continues to operate the motor vehicle
of another when the person knows that the person did not have the consent of the owner
to do so.
(b) A person commits the crime of aggravated operation without consent of the owner if
the person, without the consent of the owner, knowingly takes, obtains, operates,
uses, or continues to operate the motor vehicle of another, and:
(1) the motor vehicle is not recovered within 24 hours of the time it is determined the
theft occurred regardless of whether the operator is then in actual or constructive
possession of the vehicle; or
(2) the motor vehicle sustains $500.00 or more in damage during the commission of the
offense; or
(3) the person does any of the following:
(A) attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;
(B) attempts to alter or remove or alters or removes the vehicle identification number
as defined in subdivision 2001(3) of this title;
(C) uses the motor vehicle in the commission of a felony;
(D) causes bodily injury to another while operating or exercising control of the motor
vehicle;
(E) abandons the motor vehicle outside the State of Vermont; or
(F) unlawfully attaches or otherwise displays in or upon the motor vehicle registration
plates other than those officially issued for the motor vehicle.
(c) A person convicted under subdivision (a)(1) of this section shall be fined not more
than $500.00. A person convicted under subdivision (a)(2) of this section shall be
imprisoned not more than two years or fined not more than $1,000.00, or both.
(d) A person convicted under subsection (b) of this section of aggravated operation without
consent of the owner shall be imprisoned not more than five years or fined not more
than $2,000.00, or both.
(e) This section shall not be construed to limit or restrict prosecutions for grand larceny.
(f) 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. (Added 1971, No. 258 (Adj. Sess.) § 3, eff. March 1, 1973; amended 1973, No. 109, § 9, eff. May 25, 1973; 1997, No. 117 (Adj. Sess.), § 24; 1999, No. 102 (Adj. Sess.), § 1; 2023, No. 129 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 1095. Entertainment picture visible to the operator
A person shall not operate upon a highway in this State a moving motor vehicle carrying
or having installed a screen or other device transmitting a moving entertainment picture
that is visible to the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1987, No. 112, § 10; 2005, No. 167 (Adj. Sess.), § 17, eff. May 20, 2006; 2011, No. 25, § 1, eff. May 11, 2011.)
§ 1095a. Junior operator use of portable electronic devices
(a) An individual under 18 years of age shall not use any portable electronic device as
defined in subdivision 4(82) of this title while operating a moving motor vehicle in a place open temporarily or permanently
to public or general circulation of vehicles.
(b) In addition, an individual under 18 years of age shall not use any portable electronic
device while operating a motor vehicle on a public highway, including while the vehicle
is stationary, unless otherwise provided in this section. As used in this subsection:
(1) “Public highway” means a State or municipal highway as defined in 19 V.S.A. § 1(12).
(2) “Operating” means operating a motor vehicle on a public highway, including while temporarily
stationary because of traffic, a traffic control device, or other temporary delays.
“Operating” does not include operating a motor vehicle with or without the motor running
when the operator has moved the vehicle to the side of or off the public highway and
has halted in a location where the vehicle can safely and lawfully remain stationary.
(c) The prohibitions of this section shall not apply when use of a portable electronic
device is necessary for an individual to communicate with law enforcement or emergency
service personnel under emergency circumstances.
(d)(1) An individual who violates this section commits a traffic violation as defined in
section 2302 of this title and shall be subject to a civil penalty of not less than $100.00 and not more than
$200.00 for a first violation, and of not less than $250.00 and not more than $500.00
for a second or subsequent violation within any two-year period.
(2) An individual convicted of violating this section while operating within the following
areas shall be subject to a civil penalty of not less than $200.00 and not more than
$400.00 for a first violation and of not less than $500.00 and not more than $1,000.00
for a second or subsequent violation within any two-year period and shall have four
points assessed against his or her driving record for a first violation and five points
assessed for a second or subsequent violation:
(A) a properly designated work zone in which construction, maintenance, or utility personnel
are present; or
(B) a school zone marked with warning signs conforming to the Manual on Uniform Traffic
Control Devices.
(3) An individual convicted of violating this section outside the areas designated in
subdivision (2) of this subsection shall have two points assessed against his or her
driving record. (Added 2009, No. 150 (Adj. Sess.), § 8, eff. June 1, 2010; amended 2013, No. 189 (Adj. Sess.), § 42, eff. Oct. 1, 2014; 2015, No. 50, § 11; 2019, No. 59, § 26; 2019, No. 60, § 28; 2019, No. 149 (Adj. Sess.), § 32.)
§ 1095b. Handheld use of portable electronic device prohibited
(a) Definitions. As used in this section:
(1) “Hands-free use” means the use of a portable electronic device without utilizing either
hand by employing an internal feature of, or an attachment to, the device or a motor
vehicle.
(2) “Public highway” means a State or municipal highway as defined in 19 V.S.A. § 1(12).
(3) “Securely mounted” means the portable electronic device is placed in an accessory
specifically designed or built to support the hands-free use of a portable electronic
device that is not affixed to the windshield in violation of section 1125 of this title and either:
(A) is utilized in accordance with manufacturer specifications; or
(B) causes the portable electronic device to remain completely stationary under typical
driving conditions.
(4) “Use” means the use of a portable electronic device in any way that is not a hands-free
use, including an operator of a motor vehicle holding a portable electronic device
in the operator’s hand or hands while operating a motor vehicle.
(b) Use of handheld portable electronic device prohibited.
(1) An individual shall not use a portable electronic device while operating:
(A) a moving motor vehicle in a place open temporarily or permanently to public or general
circulation of vehicles; or
(B) a motor vehicle on a public highway in Vermont, including while the vehicle is stationary,
including while temporarily stationary because of traffic, a traffic control device,
or other temporary delays.
(2) The prohibitions of this subsection shall not apply:
(A) to hands-free use;
(B) to activation or deactivation of hands-free use, provided the portable electronic
device is securely mounted or the activation or deactivation is done through an internal
feature of the device or the motor vehicle being operated and without the operator
utilizing either hand to hold the portable electronic device;
(C) when use of a portable electronic device is necessary for an individual to communicate
with law enforcement or emergency service personnel under emergency circumstances
or in response to a direction or order from law enforcement;
(D) to use of an ignition interlock device, as defined in section 1200 of this title;
(E) to use of a global positioning or navigation system if it is installed by the manufacturer
or securely mounted in the vehicle; or
(F) when the operator has moved the motor vehicle to the side of or off the public highway
and has halted, with or without the motor running, in a location where the vehicle
can safely and lawfully remain stationary.
(c) Penalties.
(1) An individual who violates this section commits a traffic violation and shall be subject
to a civil penalty of not less than $100.00 and not more than $200.00 for a first
violation, and of not less than $250.00 and not more than $500.00 for a second or
subsequent violation within any two-year period.
(2) An individual convicted of violating this section while operating within the following
areas shall be subject to a civil penalty of not less than $200.00 and not more than
$400.00 for a first violation and of not less than $500.00 and not more than $1,000.00
for a second or subsequent violation within any two-year period and shall have four
points assessed against his or her driving record for a first conviction and five
points assessed for a second or subsequent conviction:
(A) a properly designated work zone in which construction, maintenance, or utility personnel
are present; or
(B) a school zone marked with warning signs conforming to the Manual on Uniform Traffic
Control Devices.
(3) An individual convicted of violating this section outside the areas designated in
subdivision (2) of this subsection shall have two points assessed against his or her
driving record.
(d) Commercial motor vehicles.
(1) Operators of commercial motor vehicles shall be governed by the provisions of chapter
39 of this title (Commercial Driver’s License Act) instead of the provisions of this
chapter with respect to the handheld use of mobile telephones and texting while operating
a commercial motor vehicle.
(2) An individual shall not be issued more than one complaint for any violation of this
section, section 1095a of this title (junior operator use of portable electronic devices), or section 1099 of this title (texting prohibited) that arises from the same incident. (Added 2013, No. 57, § 26, eff. Jan. 1, 2014; amended 2013, No. 189 (Adj. Sess.), § 40, eff. Oct. 1, 2014; 2015, No. 50, § 12; 2017, No. 71, § 12; 2019, No. 131 (Adj. Sess.), § 180; 2019, No. 149 (Adj. Sess.), § 33; 2023, No. 41, § 18, eff. July 1, 2023.)
§ 1096. General penalties
(a) Any person who violates the speed restrictions of subsection 1083(b) of this title shall be assessed a civil penalty of not more than $50.00 and is liable for damages
for injuries thereby done to the bridge or structure, which may be recovered in a
civil action brought under this section in the name and for the benefit of the State
or municipal corporation liable for the repairs of the bridge or structure, with costs.
(b) A parent or guardian who knowingly permits a child under 16 years of age, in his or
her custody, to violate any provision of sections 1136 through 1141, inclusive, of
this title shall be assessed a civil penalty of not more than $25.00. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2019, No. 131 (Adj. Sess.), § 181.)
§ 1097. Excessive speed
No person shall operate a motor vehicle on a public highway at a speed of 60 miles
per hour or more and at least 30 miles per hour in excess of a State speed zone or
local speed limit. A person who violates this section shall be imprisoned upon a
first conviction not more than three months or fined not more than $300.00, or both,
and upon a second conviction shall be imprisoned not more than six months or fined
not more than $500.00, or both. (Added 1989, No. 109, § 5, eff. July 1, 1990.)
§ 1098. Disposition of pending cases
(a) The Judicial Bureau shall enter judgment against the defendant in all cases in which:
(1) prior to January 1, 2007, the defendant filed an answer admitting or not contesting
the violation;
(2) the defendant paid all or a portion of the fine, penalty, or surcharge; and
(3) the issuing officer did not file the original complaint prior to July 1, 2007.
(b) Notwithstanding any law to the contrary, with respect to any judgment entered pursuant
to this section, the Judicial Bureau shall immediately seal the record and shall not
report the judgment to the Commissioner of Motor Vehicles. Any funds received by the
Judicial Bureau for judgments under this section shall be deposited in the Court Technology
Special Fund up to $150,000.00, and the balance to be deposited to the Municipal Ticket
Repayment Revolving Fund defined in 4 V.S.A. § 28.
(c) The Judicial Bureau shall dismiss the action in all cases in which:
(1) the defendant filed an answer denying or contesting the violation prior to January
1, 2007; and
(2) the issuing officer did not file the original complaint prior to July 1, 2007. (Added 2007, No. 51, § 17.)
§ 1099. Texting prohibited
(a) As used in this section, “texting” means the reading or the manual composing or sending
of electronic communications, including text messages, instant messages, or e-mails,
using a portable electronic device as defined in subdivision 4(82) of this title. Use of a global positioning or navigation system shall be governed by section 1095b of this title.
(b)(1) An individual shall not engage in texting while operating a moving motor vehicle in
a place open temporarily or permanently to public or general circulation of vehicles.
(2) In addition, an individual shall not engage in texting while operating a motor vehicle
on a public highway in Vermont, including while the vehicle is stationary, unless
otherwise provided under this section. As used in this subdivision (b)(2):
(A) “Public highway” means a State or municipal highway as defined in 19 V.S.A. § 1(12).
(B) “Operating” means operating a motor vehicle on a public highway, including while temporarily
stationary because of traffic, a traffic control device, or other temporary delays.
“Operating” does not include operating a motor vehicle with or without the motor running
when the operator has moved the vehicle to the side of or off the public highway and
has halted in a location where the vehicle can safely and lawfully remain stationary.
(c)(1) An individual who violates this section commits a traffic violation as defined in
section 2302 of this title and shall be subject to a civil penalty of not less than $100.00 and not more than
$200.00 for a first violation and of not less than $250.00 and not more than $500.00
for a second or subsequent violation within any two-year period.
(2) An individual convicted of violating this section while operating within the following
areas shall be subject to a civil penalty of not less than $200.00 and not more than
$400.00 for a first violation and of not less than $500.00 and not more than $1,000.00
for a second or subsequent violation within any two-year period and shall have four
points assessed against his or her driving record for a first conviction and five
points assessed for a second or subsequent conviction:
(A) a properly designated work zone in which construction, maintenance, or utility personnel
are present; or
(B) a school zone marked with warning signs conforming to the Manual on Uniform Traffic
Control Devices.
(3) An individual convicted of violating this section outside the areas designated in
subdivision (2) of this subsection shall have two points assessed against his or her
driving record. (Added 2009, No. 150 (Adj. Sess.), § 2, eff. June 1, 2010; amended 2013, No. 57, § 24; 2015, No. 50, § 13; 2019, No. 149 (Adj. Sess.), § 34.)
-
Subchapter 011: MISCELLANEOUS RULES
§ 1110. Prohibited idling of motor vehicles
(a)(1) General prohibition. A person shall not cause or permit operation of the primary propulsion engine of a
motor vehicle for more than five minutes in any 60-minute period while the vehicle
is stationary.
(2) Exceptions. The five-minute limitation of subdivision (1) of this subsection shall not apply when:
(A) a military vehicle; an ambulance; a police, fire, or rescue vehicle; or another vehicle
used in a public safety or emergency capacity idles as necessary for the conduct of
official operations;
(B) an armored vehicle idles while a person remains inside the vehicle to guard the contents
or while the vehicle is being loaded or unloaded;
(C) a motor vehicle idles because of highway traffic conditions, at the direction of an
official traffic control device or signal, or at the direction of a law enforcement
official;
(D) the health or safety of a vehicle occupant requires idling, or when a passenger bus
idles as necessary to maintain passenger comfort while nondriver passengers are on
board;
(E) idling is necessary to operate safety equipment such as windshield defrosters, and
operation of the equipment is needed to address specific safety concerns;
(F) idling of the primary propulsion engine is needed to power work-related mechanical,
hydraulic, or electrical operations other than propulsion, such as mixing or processing
cargo or straight truck refrigeration, and the motor vehicle is idled to power such
work-related operations;
(G) a motor vehicle of a model year prior to 2018 with an occupied sleeper berth compartment
is idled for purposes of air-conditioning or heating during a rest or sleep period;
(H) a motor vehicle idles as necessary for maintenance, service, repair, or diagnostic
purposes or as part of a State or federal inspection;
(I) a school bus idles on school grounds in compliance with rules adopted pursuant to
the provisions of subsection 1282(f) of this title;
(J) the idling of vehicles at the place of business of a registered motor vehicle dealer
is necessary to maintain the premises of the place of business; or
(K) a motor vehicle with a gross vehicle weight rating of 10,000 pounds or less idles
on a driveway or parking area on private property.
(b) Operation of an auxiliary power unit, generator set, or other mobile idle reduction
technology is an alternative to operating the primary propulsion engine of a motor
vehicle and is not subject to the prohibition of subdivision (a)(1) of this section.
(c) In addition to the exemptions set forth in subdivision (a)(2) of this section, the
Commissioner of Motor Vehicles, in consultation with the Secretary of Natural Resources,
may adopt rules governing times or circumstances when operation of the primary propulsion
engine of a stationary motor vehicle is reasonably required.
(d) A person adjudicated of violating subdivision (a)(1) of this section shall be:
(1) assessed a penalty of not more than $10.00, which penalty shall be exempt from surcharges
under 13 V.S.A. § 7282(a), for a first violation;
(2) assessed a penalty of not more than $50.00 for a second violation; and
(3) assessed a penalty of not more than $100.00 for a third or subsequent violation. (Added 2013, No. 57, § 28, eff. May 1, 2014.)
§ 1111. Unattended motor vehicle
No person shall permit a motor vehicle to stand unattended without first stopping
the engine; locking the ignition; removing the key from the ignition and effectively
setting the brake, air temperatures permitting; and, when the vehicle is standing
upon a grade, turning the front of the front wheels toward the curb or side of the
highway. This section does not apply to authorized emergency vehicles. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1112. Closed highways
(a) Except by the written permit of the authority responsible for the closing, a person
shall not drive any vehicle over any highway across which there is a barrier or a
sign indicating that the highway is closed to public travel.
(b) An authority responsible for closing a highway to public travel may erect a sign,
which shall be visible to highway users and proximate to the barrier or sign indicating
that the highway is closed to public travel, indicating that violators are subject
to penalties and civil damages.
(c) [Repealed.] (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2013, No. 57, § 18; 2021, No. 184 (Adj. Sess.), § 51, eff. July 1, 2022.)
§ 1113. Limitations on backing
(a) The driver of a vehicle shall not back the same unless such movement can be made with
safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any
controlled-access highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1114. Riding on motorcycles and motor-driven cycles
(a) An individual operating a motorcycle or motor-driven cycle shall ride only upon the
permanent and regular seat of the motorcycle or motor-driven cycle, and such operator
shall not carry any other individual nor shall any other individual ride on a motorcycle
or motor-driven cycle unless such motorcycle or motor-driven cycle is designed to
carry more than one individual, in which event a passenger may ride upon the permanent
and regular seat if designed for two individuals or upon another seat firmly attached
to the motorcycle or motor-driven cycle at the rear or side of the operator.
(b) An individual shall only ride upon a motorcycle or motor-driven cycle while sitting
astride the seat, facing forward, with one leg on each side of the motorcycle or motor-driven
cycle. The requirement of this subsection shall not apply to occupants of autocycles
or of sidecars.
(c) No individual shall operate a motorcycle or motor-driven cycle while carrying any
package, bundle, or other article that prevents him or her from keeping both hands
on the handlebars.
(d) No operator shall carry any passenger, nor shall any passenger ride, in a position
that will interfere with the operation or control of the motorcycle or motor-driven
cycle or the view of the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 2; 2009, No. 152 (Adj. Sess.), § 19f, eff. Sept. 1, 2010; 2013, No. 189 (Adj. Sess.), § 36; 2019, No. 131 (Adj. Sess.), § 183.)
§ 1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic
(a) All motorcycles or motor-driven cycles are entitled to full use of a lane and no motor
vehicle shall be driven in such a manner as to deprive any motorcycle or motor-driven
cycle of the full use of a lane.
(b) The operator of a motorcycle or motor-driven cycle shall not overtake and pass in
the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle or motor-driven cycle between lanes of traffic
or between adjacent lines or rows of vehicles.
(d) No motorcycle or motor-driven cycle may be operated in the same lane with, and alongside
or closer than 10 feet ahead of, or 10 feet behind another motorcycle, motor-driven
cycle, or other motor vehicle.
(e) Subsections (b) and (c) of this section shall not apply to police officers in the
performance of their official duties. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 3; 2009, No. 152 (Adj. Sess.), § 19g, eff. Sept. 1, 2010.)
§ 1116. Clinging to other vehicles
No person riding a motorcycle or motor-driven cycle shall attach himself or herself
or the motorcycle or motor-driven cycle to any other vehicle on a roadway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 4; 2009, No. 152 (Adj. Sess.), § 19h, eff. Sept. 1, 2010.)
§ 1117. Footrests and handlebars
(a) Any motorcycle or motor-driven cycle carrying a passenger, other than in a sidecar
or enclosed cab, shall be equipped with footrests for such passenger.
(b) No person shall operate any motorcycle or motor-driven cycle with handlebars more
than 15 inches in height above that portion of the seat occupied by the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 5; 2009, No. 152 (Adj. Sess.), § 19i, eff. Sept. 1, 2010.)
§ 1118. Obstruction to driver’s view
(a) A person shall not operate or attempt to operate a motor vehicle when more than three
persons over two years of age, including the operator, are occupying the front seat
or seats or are in the front or driving compartment of the motor vehicle. However,
this provision does not apply to any motor vehicle the front seat of which was designed
by the manufacturer for occupancy by more than three persons, or to any vehicle that
has a front seating area that is at least 76 inches in width, as received from the
manufacturer. In no case shall a vehicle be operated with more than four persons
over two years of age occupying the front seat or seats or who are in the front or
driving compartment of the motor vehicle.
(b) In any event, a person may not operate a motor vehicle when it is so loaded as to
obstruct the view of the driver to the front or sides of the vehicle or as to interfere
with the driver’s control over the driving mechanism of the vehicle.
(c) No passenger in a vehicle shall ride in such position as to interfere with the driver’s
view ahead or to the sides or to interfere with his or her control over the driving
mechanism of the vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 234 (Adj. Sess.), § 1.)
§ 1119. Opening and closing vehicle doors
No person shall open the door of a motor vehicle on the side nearest to moving traffic
unless it is reasonably safe to do so and can be done without interfering with the
movement of traffic, nor may any person leave a door open on the side of a vehicle
nearest to moving traffic for a period of time longer than necessary to load or unload
passengers. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1120. Repealed. 1983, No. 102 (Adj. Sess.), § 5.
§ 1121. Coasting prohibited
(a) [Repealed.]
(b) No driver of a motor truck or motor bus, when traveling upon a downgrade, shall coast
with the clutch disengaged. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1997, No. 55, § 11(1), eff. June 26, 1997.)
§ 1122. Following fire apparatus prohibited
No operator of a motor vehicle, other than one on official business relating to the
suppression of fire or the handling of an emergency, shall follow any fire apparatus
traveling to an emergency closer than 500 feet, or in a manner to interfere with the
suppression of a fire or the handling of the emergency, or so as to endanger the life
of any occupant of the fire apparatus, or thereafter park his or her vehicle so as
to interfere with the suppression of a fire or the handling of the emergency. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1123. Driving over fire hose prohibited
No person shall operate a motor vehicle over any unprotected hose of a fire fighting
unit laid down on any highway, alley, private road, or driveway, to be used at any
fire or alarm of fire, without the consent of the fire department official in command. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1124. Position of operator
No person may steer or operate, attempt to steer or operate, or participate in the
steering or operation of a motor vehicle, except in an emergency, unless he or she
is seated directly and immediately behind the steering wheel or other steering apparatus. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1125. Obstructing windshields, windows
(a) Except as otherwise provided in this section, a person shall not operate a motor vehicle
on which material or items have been painted or adhered on or over, or hung in back
of, any transparent part of a motor vehicle windshield, vent windows, or side windows
located immediately to the left and right of the operator. The prohibition of this
section on hanging items shall apply only when a hanging item materially obstructs
the driver’s view.
(b) Notwithstanding subsection (a) of this section, a person may operate a motor vehicle
with material or items painted or adhered on or over, or hung in back of, the windshield,
vent windows, or side windows:
(1) in a space not over four inches high and 12 inches long in the lower right-hand corner
of the windshield;
(2) in such space as the Commissioner of Motor Vehicles may specify for location of any
sticker required by governmental regulation;
(3) in a space not over two inches high and two and one-half inches long in the upper
left-hand corner of the windshield;
(4) if the operator is a person employed by the federal, State, or local government or
a volunteer emergency responder operating an authorized emergency vehicle, who places
any necessary equipment in back of the windshield of the vehicle, provided the equipment
does not interfere with the operator’s control of the driving mechanism of the vehicle;
(5) on a motor vehicle that is for sale by a licensed automobile dealer prior to the sale
of the vehicle, in a space not over three inches high and six inches long in the upper
left-hand corner of the windshield, and in a space not over four inches high and 18
inches long in the upper right-hand corner of the windshield; or
(6) if the object is a rearview mirror, or is an electronic toll-collection transponder
located either between the roof line and the rearview mirror post or behind the rearview
mirror.
(c) The Commissioner may grant an exemption to the prohibition of this section upon application
from a person required for medical reasons to be shielded from the rays of the sun
and who attaches to the application a document signed by a licensed physician or optometrist
certifying that shielding from the rays of the sun is a medical necessity. The physician
or optometrist certification shall be renewed every four years. However, when a licensed
physician or optometrist has previously certified to the Commissioner that an applicant’s
condition is both permanent and stable, the exemption may be renewed by the applicant
without submission of a form signed by a licensed physician or optometrist. Additionally,
the window shading or tinting permitted under this subsection shall be limited to
the vent windows or side windows located immediately to the left and right of the
operator. The exemption provided in this subsection shall terminate upon the transfer
of the approved vehicle and at that time the applicable window tinting shall be removed
by the seller. Furthermore, if the material described in this subsection tears or
bubbles or is otherwise worn to prohibit clear vision, it shall be removed or replaced.
(d) The rear side windows and the back window may be obstructed only if the motor vehicle
is equipped on each side with a securely attached mirror, which provides the operator
with a clear view of the roadway in the rear and on both sides of the motor vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 176 (Adj. Sess.); 2001, No. 75 (Adj. Sess.), § 7; 2001, No. 112 (Adj. Sess.), § 1; 2005, No. 89 (Adj. Sess.), § 1; 2015, No. 50, § 15.)
§ 1126. Putting glass, other items, on highway prohibited
(a) No person shall drop or deposit upon any highway any glass bottle, glass, nails, tacks,
wire, cans, or any other substance likely to injure any person, animal, or vehicle
upon the highway.
(b) A person shall immediately remove or cause to be removed any destructive or injurious
material that he or she drops or deposits, or permits to be dropped or deposited,
upon any highway.
(c) If the throwing or depositing was done from a motor vehicle, except a motor bus or
a bus transporting schoolchildren, it is prima facie evidence that the throwing or
depositing was done by the operator of the motor vehicle.
(d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass
or other injurious substance dropped upon the highway from the vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1126a. Depositing snow onto or across certain highways prohibited
(a) No person, other than an employee in the performance of his or her official duties
or other person authorized by the Agency of Transportation (in the case of State highways)
or selectboard (in the case of town highways), shall plow or otherwise deposit snow
onto the traveled way, shoulder, or sidewalk of a State highway or a class 1, 2, or
3 town highway.
(b) Nothing in this section should be construed to be in derogation of any municipal ordinance
regulating the deposit of snow within the limits of town highways. (Added 1997, No. 150 (Adj. Sess.), § 17.)
§ 1127. Control in presence of animals
(a) Whenever upon a public highway and approaching a vehicle drawn by a draft animal,
an animal upon which a person is riding, or animals being herded, the operator of
a motor vehicle shall operate the vehicle in such a manner as to exercise every reasonable
precaution to prevent the frightening of any animal and to ensure the safety and protection
of the animal and the person riding, driving, or herding.
(b) The operator of a motor vehicle shall yield to any animals being herded on or across
a highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 55; 2009, No. 114 (Adj. Sess.), § 5.)
§ 1128. Crashes; duty to stop
(a) The operator of a motor vehicle who has caused or is involved in a crash resulting
in injury to any person other than the operator, or in damage to any property other
than the vehicle then under his or her control, shall immediately stop and render
any assistance reasonably necessary. Subsection 1102(g) of this title (stopping not to impede traffic or jeopardize safety; exceptions) governs the location
where a person shall stop. The operator shall give his or her name, residence, license
number, and the name of the owner of the motor vehicle to any person who is injured
or whose property is damaged and to any enforcement officer. A person who violates
this section shall be fined not more than $2,000.00 or imprisoned for not more than
two years, or both.
(b) If serious bodily injury results from the crash, a person violating subsection (a)
of this section shall be fined not more than $3,000.00 or imprisoned for not more
than five years, or both.
(c) If death results from the crash, a person violating subsection (a) of this section
shall be fined not more than $3,000.00 or imprisoned for not less than one year nor
more than 15 years, or both.
(d) 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. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 205 (Adj. Sess.), § 1; 1995, No. 151 (Adj. Sess.), § 1; 1997, No. 117 (Adj. Sess.), § 25; 2017, No. 71, § 26, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 184.)
§ 1129. Crashes; reports
(a) The operator of a motor vehicle involved in a crash in which someone is injured or
there is total property damage of $3,000.00 or more shall make a written report concerning
the crash to the Commissioner on forms furnished by the Commissioner. The written
report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner
may require further facts concerning the crash be provided upon forms he or she furnishes.
(b) As used in this section, the word “crash” only refers to incidents and events in which
the motor vehicle involved comes into physical contact with an individual or object,
including another motor vehicle. It shall not include such contact where a vehicle
involved is being used by a law enforcement officer as a barrier to prevent passage
of a vehicle being operated by a suspected violator of the law. In such cases, the
law enforcement officer shall not be required to make a personal written report of
the incident.
(c) The owner and the operator of a motor vehicle covered by one or more policies of liability
insurance shall notify any individual injured by the motor vehicle, or the owner of
any property damaged by the motor vehicle, of the name and address of all liability
insurance companies that may cover the incident and the numbers of the policies. The
notification shall be made to the injured individual or owner of the damaged property,
or both, within five days after the injury or damage. The information shall be given
to the injured individual and owner of the damaged property at the last known address
of each. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 81, § 5, eff. April 27, 1977; 1979, No. 46, § 4, eff. April 26, 1979; 1979, No. 190 (Adj. Sess.), § 4; 1987, No. 241 (Adj. Sess.), § 4; 2009, No. 152 (Adj. Sess.), § 14; 2019, No. 131 (Adj. Sess.), § 185.)
§ 1130. Permitting unlicensed or impaired person to operate
(a) No person shall employ another person as an operator of a motor vehicle knowing that
the other person is not licensed as provided in this title.
(b) No person shall permit a motor vehicle owned by him or her or under his or her control
to be operated by another person if the person who owns or controls the vehicle knows
that the other person has no legal right to operate the vehicle.
(c)(1) No person who owns or is in control of a vehicle shall intentionally create a direct
and immediate opportunity for another person to operate the motor vehicle if the person
who owns or controls the vehicle has actual knowledge that the operator is:
(A) under the influence of alcohol; or
(B) under the influence of any other drug or under the combined influence of alcohol and
any other drug to a degree that renders the person incapable of driving safely.
(2) This subsection shall not apply if the defendant was placed under duress or subjected
to coercion by the other person at the time the defendant enabled the other person
to operate the motor vehicle.
(d)(1) A person who violates subsection (c) of this section shall be fined not more than
$1,000.00 or imprisoned for not more than six months, or both.
(2) If death or if serious bodily injury as defined in 13 V.S.A. § 1021(2) results to any person other than the operator from a violation of subsection (c)
of this section, the person convicted of the violation shall be fined not more than
$5,000.00 or imprisoned not more than two years, or both. The provisions of this subdivision
do not limit or restrict prosecutions for manslaughter. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2011, No. 56, § 2; 2017, No. 83, § 161(4).)
§ 1131. Warning signal
The operator of a motor vehicle, whenever reasonably necessary to ensure safe operation,
shall give an audible warning with the horn of his or her vehicle but shall not otherwise
use the horn when upon a highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1132. Driving on sidewalk
No person shall drive any motor vehicle on a sidewalk or on any area designated exclusively
for pedestrian traffic, except while crossing a driveway. Nothing in this section
shall prohibit the operation of an electric personal assistive mobility device, at
a speed not to exceed eight miles per hour, on a sidewalk by a person who is at least
16 years of age or who has an ambulatory disability as defined in section 304a of this title. Nor shall the provisions of this section limit the authority of a municipality under
the provisions of 24 V.S.A. § 2291(1), (4), and (5) to regulate the use and operation of these devices. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2001, No. 91 (Adj. Sess.), § 6.)
§ 1133. Eluding a police officer
(a) No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when
signaled to do so by an enforcement officer:
(1) displaying insignia identifying him or her as such; or
(2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue
or blue and white signal lamp.
(b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more
than one year or fined not more than $1,000.00, or both.
(2) A person who violates subsection (a) of this section while operating a vehicle in
a negligent or grossly negligent manner in violation of section 1091 of this title shall be imprisoned for not more than five years or fined not more than $1,000.00,
or both.
(3)(A) In the event that serious bodily injury to any person other than the operator is proximately
caused by the operator’s knowing violation of subsection (a) of this section, the
operator shall be imprisoned for not more than 15 years or fined not more than $5,000.00,
or both.
(B) If serious bodily injury to more than one person other than the operator is proximately
caused by the operator’s knowing violation of subsection (a) of this section, the
operator may be convicted of a separate violation of this subdivision for each decedent
or person injured.
(4)(A) In the event that death to any person other than the operator is proximately caused
by the operator’s knowing violation of subsection (a) of this section, the operator
shall be imprisoned for not less than one year nor more than 15 years or fined not
more than $10,000.00, or both.
(B) If death to more than one person other than the operator is proximately caused by
the operator’s knowing violation of subsection (a) of this section, the operator may
be convicted of a separate violation of this subdivision (4) for each decedent.
(c) In a prosecution under this section, the operator may raise as an affirmative defense,
to be proven by a preponderance of the evidence, that the operator brought his or
her vehicle to a stop in a manner, time, and distance that was reasonable under the
circumstances.
(d) 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.
(e) As used in this section:
(1) “Operator” includes an operator who, after being signaled to stop under subsection
(a) of this section, leaves the vehicle and attempts to elude the officer by other
means.
(2) “Serious bodily injury” has the meaning defined in 13 V.S.A. § 1021. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1997, No. 117 (Adj. Sess.), § 26; 2003, No. 47, § 1; 2007, No. 195 (Adj. Sess.), § 3; 2011, No. 42; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis
(a) A person shall not consume an alcoholic beverage or cannabis while operating a motor
vehicle on a public highway. As used in this subsection, the prohibition on consumption
of cannabis by the operator shall extend to the operator’s consumption of secondhand
cannabis smoke in the vehicle as a result of another person’s consumption of cannabis.
(b) A person operating a motor vehicle on a public highway shall not possess any open
container that contains an alcoholic beverage or cannabis in the passenger area of
the motor vehicle.
(c) As used in this section:
(1) “Alcoholic beverage” shall have the same meaning as “alcohol” as defined in section 1200 of this title.
(2) “Passenger area” shall mean the area designed to seat the operator and passengers
while the motor vehicle is in operation and any area that is readily accessible to
the operator or passengers while in their seating positions, including the glove compartment,
unless the glove compartment is locked. In a motor vehicle that is not equipped with
a trunk, the term shall exclude the area behind the last upright seat or any area
not normally occupied by the operator or passengers.
(d) A person who violates subsection (a) of this section shall be assessed a civil penalty
of not more than $500.00. A person who possesses an open container that contains an
alcoholic beverage in violation of subsection (b) of this section shall be assessed
a civil penalty of not more than $25.00. A person who possesses an open container
that contains cannabis in violation of subsection (b) of this section shall be assessed
a civil penalty of not more than $200.00. A person adjudicated and assessed a civil
penalty for an offense under subsection (a) of this section shall not be subject to
a civil violation for the same actions under subsection (b) of this section. (Added 1981, No. 83; amended 1997, No. 117 (Adj. Sess.), § 9; 2001, No. 141 (Adj. Sess.), § 23, eff. June 21, 2002; 2013, No. 76, § 4; 2013, No. 75, § 22f; 2013, No. 76, § 5, eff. July 1, 2014; 2017, No. 83, § 151; 2017, No. 86 (Adj. Sess.), § 13.)
§ 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis
(a) Except as provided in subsection (c) of this section, a passenger in a motor vehicle
shall not consume an alcoholic beverage or cannabis in the passenger area of any motor
vehicle on a public highway.
(b) A passenger in a motor vehicle shall not possess any open container that contains
an alcoholic beverage or cannabis in the passenger area of the motor vehicle.
(c) As used in this section:
(1) “Alcoholic beverage” shall have the same meaning as “alcohol” as defined in section 1200 of this title.
(2) “Passenger area” shall mean the area designed to seat the operator and passengers
while the motor vehicle is in operation and any area that is readily accessible to
the operator or passengers while in their seating positions, including the glove compartment,
unless the glove compartment is locked. In a motor vehicle that is not equipped with
a trunk, the term shall exclude the area behind the last upright seat or any area
not normally occupied by the operator or passengers.
(d) A person, other than the operator, may possess an open container that contains an
alcoholic beverage in the passenger area of a motor vehicle designed, maintained,
or used primarily for the transportation of persons for compensation or in the living
quarters of a motor home or trailer coach.
(e) A person who consumes an alcoholic beverage or possesses an open container that contains
an alcoholic beverage in violation of this section shall be assessed a civil penalty
of not more than $25.00. A person who consumes cannabis or possesses an open container
that contains cannabis in violation of this section shall be assessed a civil penalty
of not more than $200.00. (Added 2001, No. 141 (Adj. Sess.), § 24, eff. June 21, 2002; amended 2017, No. 83, § 152; 2017, No. 86 (Adj. Sess.), § 14.)
§ 1134b. Using tobacco or cannabis in a motor vehicle with child present
(a) A person shall not possess a lighted tobacco product or use a tobacco substitute as
defined in 7 V.S.A. § 1001 in a motor vehicle that is occupied by a child required to be properly restrained
in a federally approved child passenger restraining system pursuant to subdivision
1258(a)(1) or (2) of this title.
(b) A person shall not use cannabis as defined in 18 V.S.A. § 4201 in a motor vehicle that is occupied by a child under 18 years of age.
(c)(1) A person who violates subsection (a) of this section shall be subject to a civil penalty
of not more than $100.00 and no points shall be assessed.
(2) A person who violates subsection (b) of this section commits a misdemeanor crime and
shall be subject to the following penalties:
(A) a fine of not more than $500.00 for a first offense;
(B) a fine of not more than $750.00 for a second offense; and
(C) a fine of not more than $1,000.00 for a third or subsequent offense.
(3) A person who violates subsection (b) of this section shall be assessed two points. (Added 2013, No. 135 (Adj. Sess.), § 7; amended 2015, No. 108 (Adj. Sess.), § 7; 2017, No. 86 (Adj. Sess.), § 15; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1135. Trespass by motor vehicle
(a) A person commits the offense of trespass by motor vehicle if the person, knowing that
he or she is not privileged to do so:
(1) operates a motor vehicle and obstructs a private driveway, barway, or gateway; or
(2) operates a motor vehicle and travels over a private road that is so marked or travels
over other private lands; or
(3) operates a motor vehicle on any land that is owned or held by the State:
(A) that is not a place or trail specifically designated and marked by the Secretary of
Natural Resources for use by motor vehicles; or
(B) contrary to any rule governing the use of the place or trail.
(b) A person who violates this section shall be assessed a civil penalty of not more than
$100.00 for each offense or, if the violation results in damage to property, the person
shall be assessed a civil penalty of not more than $175.00 for each offense.
(c) As used in this section, “motor vehicle” does not include an all-terrain vehicle or
snowmobile.
(d) This section shall not apply to any highway open to the public. (Added 1989, No. 247 (Adj. Sess.), § 2; amended 2019, No. 131 (Adj. Sess.), § 186.)
-
Subchapter 012: OPERATION OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND PLAY VEHICLES
§ 1136. Application of subchapter; rights and obligations of bicyclists under other laws
(a) The parent of any child and the guardian of any ward may not authorize or knowingly
permit any such child or ward to violate any of the provisions of this subchapter.
(b) This subchapter applies whenever a bicycle is operated upon any highway or upon any
path set aside for the exclusive use of bicycles, subject to the exceptions stated
in this subchapter.
(c) Every person riding a bicycle is granted all of the rights and is subject to all of
the duties applicable to operators of vehicles, except as to those provisions that:
(1) are inconsistent with provisions that specifically address the rights and duties of
vulnerable users generally or bicyclists specifically; or
(2) by their very nature can have no application.
(d)(1) Except as provided in this subsection, motor-assisted bicycles shall be governed as
bicycles under Vermont law, and operators of motor-assisted bicycles shall be subject
to all of the rights and duties applicable to bicyclists under Vermont law. Motor-assisted
bicycles and their operators shall be exempt from motor vehicle registration and inspection
and operator’s license requirements. A person shall not operate a motor-assisted bicycle
on a sidewalk in Vermont.
(2) A person under 16 years of age shall not operate a motor-assisted bicycle on a highway
in Vermont.
(3) Nothing in this subsection shall interfere with the right of municipalities to regulate
the operation and use of motor-assisted bicycles pursuant to 24 V.S.A. § 2291(1) and (4), as long as the ordinances do not conflict with this subsection. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2015, No. 158 (Adj. Sess.), §§ 44, 57; 2017, No. 132 (Adj. Sess.), § 13; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1136a. Electric bicycles
(a) Except as provided in this subsection, electric bicycles shall be governed as bicycles
under Vermont law, and operators of electric bicycles shall be subject to all of the
rights and duties applicable to bicyclists under Vermont law.
(b) Electric bicycles and their operators shall be exempt from:
(1) motor vehicle registration, inspection, and certificate of title requirements under
chapter 7 of this title, section 1222 of this title, and chapter 21, subchapter 2 of this title;
(2) operator’s license requirements under chapter 9, subchapter 1 of this title;
(3) financial responsibility requirements under chapter 11 of this title; and
(4) requirements applicable to all-terrain vehicles under chapter 31 of this title.
(c) An electric bicycle shall comply with the equipment and manufacturing requirements
for bicycles promulgated by the U.S. Consumer Product Safety Commission, including
16 C.F.R. Part 1512 as may be amended, and may only be operated in such a way that the electric motor
is disengaged or ceases to function when the operator stops pedaling or applies the
brakes.
(d) A class 3 electric bicycle shall be equipped with a speedometer that displays the
speed the bicycle is traveling in miles per hour.
(e)(1) An electric bicycle may be ridden in places where bicycles are allowed, including
highways, bicycle lanes, and bicycle or multiuse paths.
(2) Following notice and a public hearing, a municipality, local authority, or State agency
having jurisdiction over a bicycle or multiuse path may prohibit the operation of
a class 1 electric bicycle or class 2 electric bicycle on that path if it finds that
such a restriction is needed for safety reasons or compliance with other laws or legal
obligations.
(3) A municipality, local authority, or State agency having jurisdiction over a bicycle
or multiuse path may prohibit the operation of a class 3 electric bicycle on that
path.
(4) This subsection shall not apply to a trail that is specifically designated as nonmotorized
and that has a natural surface tread that is made by clearing and grading the native
soil with no added surfacing materials. A municipality, local authority, or State
agency having jurisdiction over a trail described in this subdivision may regulate
the use of an electric bicycle on that trail.
(f) An individual under 16 years of age shall not operate a class 3 electric bicycle but
may ride as a passenger on a class 3 electric bicycle that is designed to accommodate
passengers.
(g) Manufacturers and distributors of electric bicycles shall apply a label that is permanently
affixed, in a prominent location, to each electric bicycle. The label shall contain
the classification number, top assisted speed, and motor wattage of the electric bicycle
and shall be printed in Arial font in at least 9-point type.
(h) A person shall not tamper with or modify an electric bicycle so as to change the motor-powered
speed capability or engagement of an electric bicycle unless the label indicating
the classification required in subsection (g) of this section is replaced after modification. (Added 2021, No. 40, § 6; amended 2021, No. 40, § 7, eff. Jan. 1, 2022.)
§ 1137. Riding on bicycles
(a) No individual propelling a bicycle may ride other than on or astride a permanent and
regular seat attached to the bicycle.
(b) No individual may use a bicycle to carry more individuals at any one time than the
number for which it is designed and equipped. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2019, No. 131 (Adj. Sess.), § 187.)
§ 1138. Clinging to motor vehicles
No person may attach himself or herself or any bicycle, wagon, roller skates, sled,
or toy vehicle upon which he or she is riding or will ride to any motor vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1139. Riding on roadways and bicycle paths
[Subsection (a) effective until July 1, 2026; see also subsection (a) effective July
1, 2026 set out below.]
(a) A person operating a bicycle upon a roadway shall exercise due care when passing a
standing vehicle or one proceeding in the same direction. Bicyclists generally shall
ride as near to the right side of the improved area of the highway right-of-way as
is safe, except that a bicyclist:
(1) Shall ride to the left or in a left lane when:
(A) preparing for a left turn at an intersection or into a private roadway or driveway;
(B) approaching an intersection with a right-turn lane if not turning right at the intersection;
or
(C) overtaking another vulnerable user.
(2) May ride to the left or in a left lane when taking reasonably necessary precautions
to avoid hazards or road conditions. Examples include objects on the road, parked
or moving vehicles, pedestrians, animals, surface conditions that may impair the bicyclist’s
stability, or safety hazards caused by a narrow road or steep embankment, road geometry,
or unfavorable atmospheric conditions.
[Subsection (a) effective July 1, 2026; see also subsection (a) effective until July
1, 2026 set out above.]
(a) Due care and riding on the right. An individual operating a bicycle upon a roadway shall exercise due care when passing
a standing vehicle or one proceeding in the same direction. Bicyclists generally shall
ride as near to the right side of the improved area of the highway right-of-way as
is safe, except that a bicyclist:
(1) Shall ride to the left or in a left lane when:
(A) preparing for a left turn at an intersection or into a private roadway or driveway;
(B) approaching an intersection with a right-turn lane if not turning right at the intersection;
or
(C) overtaking another vulnerable user.
(2) May ride to the left or in a left lane when taking reasonably necessary precautions
to avoid hazards or road conditions. Examples include objects on the road, parked
or moving vehicles, pedestrians, animals, surface conditions that may impair the bicyclist’s
stability, or safety hazards caused by a narrow road or steep embankment, road geometry,
or unfavorable atmospheric conditions.
[Subsection (b) effective until July 1, 2026; see also subsection (b) effective July
1, 2026 set out below.]
(b) Persons riding bicycles upon a roadway may not ride more than two abreast except on
paths or parts of roadways set aside for the exclusive use of bicycles or except as
otherwise permitted by the Commissioner of Public Safety in connection with a public
sporting event in which case the Commissioner shall be authorized to adopt such rules
as the public good requires. Persons riding two abreast shall not impede the normal
and reasonable movement of traffic and, on a laned roadway, shall ride within a single
lane.
[Subsection (b) effective July 1, 2026; see also subsection (b) effective until July
1, 2026 set out above.]
(b) Riding two abreast. Individuals operating bicycles upon a roadway shall not ride more than two abreast
except on paths or parts of roadways set aside for the exclusive use of bicycles or
except as otherwise permitted by the Commissioner of Public Safety in connection with
a public sporting event in which case the Commissioner shall be authorized to adopt
such rules as the public good requires. Individuals riding two abreast shall not impede
the normal and reasonable movement of traffic and, on a laned roadway, shall ride
within a single lane.
[Subsection (c) effective until July 1, 2026; see also subsection (c) effective July
1, 2026 set out below.]
(c) [Repealed.]
[Subsection (c) effective July 1, 2026; see also subsection (c) effective until July
1, 2026 set out above.]
(c) Obedience to traffic-control devices and traffic-control signals. An individual operating a bicycle shall follow all traffic-control devices and traffic-control
signals governing motor vehicles except that an individual operating a bicycle who
is facing a “walk” signal, as defined in section 1023 of this chapter, may make a
turn or proceed across the roadway or intersection in the direction of the signal
but shall yield the right of way to any vehicles or pedestrians in the roadway or
intersection.
[Subsection (d) effective until July 1, 2026; see also subsection (d) effective July
1, 2026 set out below.]
(d) Bicycles may be operated on the shoulders of partially controlled access highways,
which are those highways where access is controlled by public authority but where
there are some connections with selected public highways, some crossings at grade,
and some private driveway connections. The Traffic Committee may determine that any
portion of these highways is unsafe and therefore closed to bicycle operation.
[Subsection (d) effective July 1, 2026; see also subsection (d) effective until July
1, 2026 set out above.]
(d) Riding on a partially controlled access highway. Bicycles may be operated on the shoulders of partially controlled access highways,
which are those highways where access is controlled by public authority but where
there are some connections with selected public highways, some crossings at grade,
and some private driveway connections. The Traffic Committee may determine that any
portion of these highways is unsafe and therefore closed to bicycle operation. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 178 (Adj. Sess.), § 1, eff. May 12, 1990; 1991, No. 175 (Adj. Sess.), § 22, eff. April 1, 1993; 1993, No. 8, § 1; 1999, No. 18, § 41u, eff. May 13, 1999; 2003, No. 160 (Adj. Sess.), § 38, eff. June 9, 2004; 2009, No. 114 (Adj. Sess.), § 6; 2015, No. 158 (Adj. Sess.), § 44; 2025, No. 66, § 41, eff. July 1, 2026.)
§ 1139a. Bicycle control signals
(a) Bicycles shall obey bicycle-control signals. An individual operating a bicycle shall obey the instructions of a bicycle-control
signal, if present, instead of any traffic-control signal for motor vehicles.
(b) Bicycle-control signal legend.
(1) Green bicycle signal.
(A) An individual operating a bicycle facing a green bicycle signal may proceed straight
through the intersection or turn right or left unless a sign prohibits such a turn,
provided that:
(i) the individual operating the bicycle will not be in conflict with any simultaneous
motor vehicle movements at that location; or
(ii) the bicycle movement at that location is not modified by lane-use signs, turn-prohibition
signs, pavement markings, separate turn signal indications, or other traffic-control
devices.
(B) An individual operating a bicycle pursuant to a green bicycle signal, including when
turning right and left, shall yield the right-of-way to other individuals operating
bicycles and pedestrians that are in the intersection when the signal is exhibited.
(2) Steady yellow bicycle signal. An individual operating a bicycle facing a steady yellow bicycle signal is warned
that the steady green signal is being terminated and that the red signal will be exhibited
immediately following the steady yellow signal, at which time bicycle traffic traveling
in that direction shall not enter the intersection.
(3) Steady red bicycle signal.
(A) An individual operating a bicycle facing a steady red bicycle signal alone shall stop
at a clearly marked stop line, or if there is none, shall stop before entering the
crosswalk on the near side of the intersection.
(B) Except when a sign is in place prohibiting a turn, an individual operating a bicycle
facing a steady red bicycle signal may:
(i) cautiously enter the intersection to turn right; or
(ii) after stopping as required pursuant to subdivision (A) of this subdivision (b)(3),
turn left from a one-way street onto a one-way street.
(C) An individual making a turn pursuant to subdivision (B) of this subdivision (b)(3)
shall yield the right-of-way to pedestrians and other vehicles that are in the intersection.
(D) An individual operating a bicycle shall not turn right when facing a red arrow signal
unless a sign permitting such a turn is present.
(E) An individual operating a bicycle to the left of adjacent motor vehicle traffic approaching
the same intersection shall be prohibited from turning right when facing a steady
red bicycle signal and an individual operating a bicycle to the right of adjacent
motor vehicle traffic approaching the same intersection shall be prohibited from turning
left when facing a steady red bicycle signal. (Added 2025, No. 66, § 42, eff. July 1, 2025.)
§ 1140. Carrying articles
No person operating a bicycle may carry any package, bundle, or article that prevents
the driver from keeping at least one hand upon the handlebars. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
§ 1141. Equipment on bicycles
(a) A person shall not operate a bicycle at nighttime from one-half hour after sunset
until one-half hour before sunrise unless the bicycle or the bicyclist is equipped
with a lamp on the front that emits a white light visible from a distance of at least
500 feet to the front. In addition, bicyclists shall operate during these hours with
either a lamp on the rear of the bicycle or bicyclist that emits a flashing or steady
red light visible at least 300 feet to the rear or with reflective, rear-facing material
or reflectors, or both, with a surface area totaling at least 20 square inches on
the bicycle or bicyclist and visible at least 300 feet to the rear.
(b) No person may equip a bicycle with any siren or whistle, or any device simulating
a siren of an authorized emergency vehicle, nor may he or she operate a bicycle so
equipped.
(c) No person may operate a bicycle unless it is equipped with a brake that will enable
the operator to make the braked wheels skid on dry, level, clean pavement. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1979, No. 22; 2009, No. 114 (Adj. Sess.), § 7.)
§ 1141a. Electric personal assistive mobility devices (EPAMD); required equipment; operation
(a) Equipment. An electric personal assistive mobility device shall be equipped as follows:
(1) with front, rear, and side reflectors;
(2) with a system that will enable the operator to bring the device to a controlled stop;
and
(3) if the device is operated between one-half hour after sunset and one-half hour before
sunrise, with a lamp emitting a white light that, while the device is in motion, shall
illuminate the area in front of the operator.
(b) Rights and duties of operator. The operator of an EPAMD shall have the rights and duties of pedestrians as set forth
in chapter 13, subchapter 5 of this title.
(c) Hazardous materials. No person shall carry or transport on an EPAMD any hazardous materials as defined
in 5 V.S.A. § 2001. Civil penalties imposed for violations of this subsection shall be in accordance
with civil penalties imposed for violations of 5 V.S.A. § 2001.
(d) Municipal authority. Nothing in this section shall limit the authority of a municipality under the provisions
of 24 V.S.A. § 2291(1), (4), and (5) to regulate the use and operation of EPAMDs. (Added 2001, No. 91 (Adj. Sess.), § 8; amended 2019, No. 131 (Adj. Sess.), § 188.)
§ 1142. Penalties
A person who violates any provision of sections 1136 through 1141 and subsection 1141a(a) of this title shall be assessed a civil penalty of not more than $25.00 for each offense, except
that a person who violates subsection 1139(b) of this title shall be assessed a civil penalty of not more than $100.00. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2001, No. 91 (Adj. Sess.), § 9; 2015, No. 158 (Adj. Sess.), § 44; 2019, No. 131 (Adj. Sess.), § 189.)
§ 1143. Not evidence of negligence
A violation of any provision of sections 1136 through 1141 of this title by any person under 16 years of age is not negligence or evidence of negligence. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)
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Subchapter 013: DRUNKEN DRIVING
§§ 1181, 1182. Repealed. 1971, No. 258 (Adj. Sess.), § 20, eff. March 1, 1973.
§§ 1183-1195. Repealed. 1969, No. 267 (Adj. Sess.), § 11.
§ 1200. Definitions
As used in this subchapter:
(1) “Alcohol concentration” means:
(A) the number of grams of alcohol per 100 milliliters of blood; or
(B) the number of grams of alcohol per 210 liters of breath.
(2) “Drug” means:
(A) a regulated drug as defined in 18 V.S.A. § 4201; or
(B) any substance or combination of substances, other than alcohol, that affects the nervous
system, brain, or muscles of a person so as to impair, noticeably and appreciably,
a person’s ability to drive a vehicle safely.
(3) “Evidentiary test” means a breath, saliva, or blood test that indicates the person’s
alcohol concentration or the presence of other drug and that is intended to be introduced
as evidence.
(4) “Alcohol” includes alcohol, malt beverages, spirits, fortified wines, and vinous beverages,
as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.
(5) “Law enforcement officer” means a law enforcement officer who has been certified by
the Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358.
(6) “Vehicle” means a motor vehicle as defined in section 4 of this title and, when on a public highway:
(A) a snowmobile as defined in section 3201 of this title; and
(B) an all-terrain vehicle as defined in section 3501 of this title.
(7) “Highway” has the same meaning as in subdivision 4(13) of this title, except that for purposes of this subchapter, “highway” does not include the driveway
that serves only a single-family or two-family residence of the operator. This exception
shall not apply if a person causes the death of a person, causes bodily injury to
a person, or causes damage to the personal property of another person, while operating
a motor vehicle on a driveway in violation of section 1201 of this subchapter.
(8) “Ignition interlock device” means a device that is capable of measuring a person’s
alcohol concentration and that prevents a motor vehicle from being started by a person
whose alcohol concentration is 0.02 or greater.
(9)(A) “Ignition interlock restricted driver’s license” or “ignition interlock RDL” or “RDL”
means a restricted license or privilege to operate a motor vehicle issued by the Commissioner
allowing a resident whose license or privilege to operate has been suspended or revoked
for operating under the influence of alcohol or in excess of legal limits of alcohol
concentration, or for refusing an enforcement officer’s reasonable request for an
evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle
as defined in section 4103 of this title, installed with an approved ignition interlock device.
(B) “Ignition interlock certificate” means a restricted privilege to operate a motor vehicle
issued by the Commissioner allowing a nonresident whose privilege to operate a motor
vehicle in Vermont has been suspended or revoked for operating under the influence
of alcohol or in excess of legal limits of alcohol concentration, or for refusing
an enforcement officer’s reasonable request for an evidentiary test, to operate a
motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device.
(10) “Random retest” means a test of a vehicle operator’s blood alcohol concentration,
other than a test required to start the vehicle, that is required at random intervals
during operation of a vehicle equipped with an ignition interlock device.
(11) “Serious bodily injury” has the same meaning as in 13 V.S.A. § 1021(a)(2)(A).
(12) As used in this section, “conviction” has the same meaning as in subdivision 4(60) of this title. (Added 1989, No. 68, § 1, eff. Dec. 1, 1989; amended, 1991, No. 55, § 1; 1997, No. 117 (Adj. Sess.), §§ 10, 11; 1997, No. 117 (Adj. Sess.), § 12, eff. April 29, 1998; 1999, No. 20, § 1; 2007, No. 170 (Adj. Sess.), § 1; 2009, No. 126 (Adj. Sess.), § 3, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 1; 2015, No. 158 (Adj. Sess.), § 45; 2017, No. 83, § 153; 2019, No. 164 (Adj. Sess.), § 21, eff. Jan. 1, 2022; 2025, No. 41, § 2, eff. July 1, 2025; 2025, No. 66, § 31, eff. July 1, 2025.)
§ 1201. Operating vehicle under the influence of alcohol or other substance; criminal refusal;
enhanced penalty for BAC of 0.16 or more
(a) A person shall not operate, attempt to operate, or be in actual physical control of
any vehicle on a highway:
(1) when the person’s alcohol concentration is:
(A) 0.08 or more; or
(B) 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or
(C) 0.04 or more if the person is operating a commercial vehicle as defined in subdivision 4103(4) of this title; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence
of alcohol and any other drug.
(b) A person who has previously been convicted of a violation of this section shall not
operate, attempt to operate, or be in actual physical control of any vehicle on a
highway and refuse a law enforcement officer’s reasonable request under the circumstances
for an evidentiary test where the officer had reasonable grounds to believe the person
was in violation of subsection (a) of this section.
(c) A person shall not operate, attempt to operate, or be in actual physical control of
any vehicle on a highway and be involved in a crash or collision resulting in serious
bodily injury or death to another and refuse a law enforcement officer’s reasonable
request under the circumstances for an evidentiary test where the officer has reasonable
grounds to believe the person has any amount of alcohol or drugs in the person’s system.
(d)(1) A person who is convicted of a second or subsequent violation of subsection (a), (b),
or (c) of this section when the person’s alcohol concentration is proven to be 0.16
or more shall not, for three years from the date of the conviction for which the person’s
alcohol concentration is 0.16 or more, operate, attempt to operate, or be in actual
physical control of any vehicle on a highway when the person’s alcohol concentration
is 0.02 or more. The prohibition imposed by this subsection shall be in addition to
any other penalties imposed by law.
(2) A person shall not operate, attempt to operate, or be in actual physical control of
any vehicle on a highway when the person’s alcohol concentration is 0.02 or more if
the person has previously been convicted of a second or subsequent violation of subsection
(a), (b), or (c) of this section within the preceding three years and the person’s
alcohol concentration for the second or subsequent violation was proven to be 0.16
or greater. A violation of this subsection shall be considered a third or subsequent
violation of this section and shall be subject to the penalties of subsection 1210(d) of this title.
(e) The fact that a person charged with a violation of this section is or has been entitled
to use a drug under the laws of this State shall not constitute a defense against
any charge of violating this section.
(f) A person may not be convicted of more than one violation of subsection (a) or (j)
of this section arising out of the same incident.
(g) For purposes of this section and section 1205 of this title, the defendant may assert as an affirmative defense that the person was not operating,
attempting to operate, or in actual physical control of the vehicle because the person:
(1) had no intention of placing the vehicle in motion; and
(2) had not placed the vehicle in motion while under the influence.
(h) As used in subdivision (a)(3) of this section, “under the influence of a drug” means
that a person’s ability to operate a motor vehicle safely is diminished or impaired
in the slightest degree. This subsection shall not be construed to affect the meaning
of the term “under the influence of alcohol.”
(i) Evidence of the results of a standardized field sobriety test conducted by a law enforcement
officer trained in Advanced Roadside Impaired Driving Enforcement or a certified Drug
Recognition Expert’s systematic evaluation of observable signs and symptoms of a person
charged with a violation of this section shall be presumptively admissible at trial
to demonstrate whether or not the person was operating under the influence in violation
of this section.
(j) A person suspected of violating this section shall submit to the collection of an
evidentiary blood sample when a warrant for that person’s blood is issued pursuant
to subdivision 1202(f)(1) of this title. This subsection shall not be construed as impairing a person’s right to challenge
the validity of a search warrant in any subsequent legal proceedings. (Added 1969, No. 267 (Adj. Sess.), § 1; amended 1973, No. 16, § 1, eff. March 1, 1973; 1973, No. 79, § 1, eff. May 23, 1973; 1975, No. 10, § 2, eff. April 9, 1975; 1981, No. 103, §§ 2, 2a; 1983, No. 212 (Adj. Sess.), § 5; 1989, No. 68, § 2, eff. Dec. 1, 1989; 1991, No. 55, § 2; 1997, No. 56, § 1, eff. Aug. 1, 1997; 1999, No. 116 (Adj. Sess.), § 2; 1999, No. 160 (Adj. Sess.), § 15; 2001, No. 146 (Adj. Sess.), § 1; 2005, No. 37, § 1; 2007, No. 195 (Adj. Sess.), § 4; 2011, No. 56, § 3; 2013, No. 169 (Adj. Sess.), § 1, eff. June 3, 2014; 2017, No. 83, § 161(4); 2019, No. 59, § 27; 2019, No. 164 (Adj. Sess.), § 22, eff. Jan. 1, 2022; 2025, No. 41, § 2, eff. July 1, 2025.)
§ 1201c. Calculation of suspensions and revocations
Notwithstanding any direction or order from any person or entity to the contrary,
the Commissioner of Motor Vehicles shall calculate, in accordance with applicable
statutes and rules, the duration of suspensions; whether and when revocations, suspensions,
and reinstatements shall occur; and all other required actions and calculations. (Added 1997, No. 117 (Adj. Sess.), § 13.)
§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other
drug
(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of
any vehicle on a highway in this State is deemed to have given consent to an evidentiary
test of that person’s breath for the purpose of determining the person’s alcohol concentration
or the presence of other drug in the blood. The test shall be administered at the
direction of a law enforcement officer.
(2) Blood test. If breath testing equipment is not reasonably available or if the officer has reason
to believe that the person is unable to give a sufficient sample of breath for testing
or if the law enforcement officer has reasonable grounds to believe that the person
is under the influence of a drug other than alcohol, the person is deemed to have
given consent to the taking of an evidentiary sample of blood. If in the officer’s
opinion the person is incapable of decision or unconscious or dead, it is deemed that
the person’s consent is given and a sample of blood shall be taken. A blood test sought
pursuant to this subdivision shall be obtained pursuant to subsection (f) of this
section.
(3) Saliva test. If the law enforcement officer has reasonable grounds to believe that the person is
under the influence of a drug other than alcohol, or under the combined influence
of alcohol and a drug, the person is deemed to have given consent to providing of
an evidentiary sample of saliva. A saliva test sought pursuant to this subdivision
shall be obtained pursuant to subsection (f) of this section. Any saliva test administered
under this section shall be used only for the limited purpose of detecting the presence
of a drug in the person’s body and shall not be used to extract DNA information.
(4) Evidentiary test. The evidentiary test shall be required of a person when a law enforcement officer
has reasonable grounds to believe that the person was operating, attempting to operate,
or in actual physical control of a vehicle in violation of section 1201 of this title.
(5) Fatal collision or incident resulting in serious bodily injury. The evidentiary test shall also be required if the person is the surviving operator
of a motor vehicle involved in a fatal incident or collision or an incident or collision
resulting in serious bodily injury and the law enforcement officer has reasonable
grounds to believe that the person has any amount of alcohol or other drug in the
person’s system.
(b) A refusal to take a breath test may be introduced as evidence in a criminal proceeding.
(c) A person who is requested by a law enforcement officer to submit to an evidentiary
test or tests has a right as limited in this subsection to consult an attorney before
deciding whether or not to submit to such a test or tests. The person must decide
whether or not to submit to the evidentiary test or tests within a reasonable time
and not later than 30 minutes after the time of the initial attempt to contact the
attorney. The person must make a decision about whether to submit to the test or tests
at the expiration of the 30 minutes, regardless of whether a consultation took place.
(d) At the time a test is requested, the person shall be informed of the following statutory
information:
(1) Vermont law authorizes a law enforcement officer to request a test to determine whether
the person is under the influence of alcohol or other drug.
(2) If the officer’s request is reasonable and testing is refused, the person’s license
or privilege to operate will be suspended for at least six months.
(3) If a test is taken and the results indicate that the person is under the influence
of alcohol or other drug, the person will be subject to criminal charges and the person’s
license or privilege to operate will be suspended for at least 90 days.
(4) A person who is requested by a law enforcement officer to submit to an evidentiary
test or tests has the limited right to consult an attorney before deciding whether
or not to submit to such a test or tests. The person must decide whether or not to
submit to the evidentiary test or tests within a reasonable time and not later than
30 minutes from the time of the initial attempt to contact the attorney, regardless
of whether a consultation took place. The person also has the right to have additional
tests made by someone of the person’s own choosing at the person’s own expense. The
person shall also be informed of the location of one or more facilities available
for drawing blood.
(5) A person who is requested by a law enforcement officer to submit to an evidentiary
test administered with an infrared breath-testing instrument may elect to have a second
infrared test administered immediately after receiving the results of the first test.
(6) If the person refuses to take an evidentiary test, the refusal may be offered into
evidence against the person at trial, whether or not a search warrant is sought. The
person may be charged with the crime of criminal refusal if the person:
(A) has previously been convicted of a violation of section 1201 of this title;
(B) is involved in a crash or collision resulting in serious bodily injury or death to
another, in which case the court may issue a search warrant and order the person to
submit to a blood test, the results of which may be offered into evidence against
the person at trial; or
(C) knowingly hinders the collection of an evidentiary blood sample when a warrant for
that person’s blood is issued pursuant to subdivision (f)(1) of this section.
(e) In any proceeding under this subchapter, a law enforcement officer’s testimony that
the officer is certified pursuant to section 20 V.S.A. § 2358 shall be prima facie evidence of that fact.
(f)(1) If a blood test is sought from a person pursuant to subdivision (a)(2) of this section,
or if a person who has been involved in a crash or collision resulting in serious
bodily injury or death to another refuses an evidentiary test, a law enforcement officer
may apply for a search warrant pursuant to Rule 41 of the Vermont Rules of Criminal
Procedure to obtain a sample of blood for an evidentiary test. Pursuant to subdivision
(d)(6) of this section, if a blood sample is obtained by search warrant, the fact
of the refusal may still be introduced in evidence, in addition to the results of
the evidentiary test. Once a law enforcement official begins the application process
for a search warrant, the law enforcement official is not obligated to discontinue
the process even if the person later agrees to provide an evidentiary sample. The
limitation created by Rule 41(g) of the Vermont Rules of Criminal Procedure regarding
blood specimens shall not apply to search warrants authorized by this section.
(2) If an evidentiary saliva test is sought from a person pursuant to subdivision (a)(3)
of this section, a law enforcement officer may apply for a search warrant pursuant
to Rule 41 of the Vermont Rules of Criminal Procedure to obtain a sample of saliva
for the evidentiary test. Pursuant to subdivision (d)(6) of this section, if a saliva
sample is obtained by search warrant, the fact of the refusal may still be introduced
in evidence, in addition to the results of the evidentiary test.
(g) The Defender General shall provide statewide 24-hour coverage seven days a week to
ensure that adequate legal services are available to persons entitled to consult an
attorney under this section. (Added 1969, No. 267 (Adj. Sess.), § 2; amended 1973, No. 79, § 2, eff. May 23, 1973; 1977, No. 96, eff. May 5, 1977; 1981, No. 103, § 3; 1985, No. 228 (Adj. Sess.), § 3; 1989, No. 68, § 3, eff. Dec. 1, 1989; 1991, No. 55, § 3; 1991, No. 57, § 2, eff. July 4, 1991; 1997, No. 56, §§ 2, 3, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 14; 1999, No. 160 (Adj. Sess.), § 16; 2001, No. 146 (Adj. Sess.), § 2; 2017, No. 62, § 9; 2017, No. 132 (Adj. Sess.), § 14; 2019, No. 164 (Adj. Sess.), § 23; 2025, No. 41, § 2, eff. July 1, 2025.)
§ 1203. Administration of tests; retention of test and videotape
(a) A breath test shall be administered only by a person who has been certified by the
Vermont Criminal Justice Council to operate the breath testing equipment being employed.
In any proceeding under this subchapter, a person’s testimony that he or she is certified
to operate the breath testing equipment employed shall be prima facie evidence of
that fact.
(b)(1) Only a physician, licensed nurse, medical technician, physician assistant, medical
technologist, laboratory assistant, intermediate or advanced emergency medical technician,
or paramedic acting at the request of a law enforcement officer may, at a medical
facility, police or fire department, or other safe and clean location as determined
by the individual withdrawing blood, withdraw blood for the purpose of determining
the presence of alcohol or another drug. Any withdrawal of blood shall not be taken
at roadside, and a law enforcement officer, even if trained to withdraw blood, acting
in that official capacity may not withdraw blood for the purpose of determining the
presence of alcohol or another drug. These limitations do not apply to the taking
of a breath sample. A medical facility or business may not charge more than $75.00
for services rendered when an individual is brought to a facility for the sole purpose
of an evidentiary blood sample or when an emergency medical technician or paramedic
draws an evidentiary blood sample.
(2) A saliva sample may be obtained by a person authorized by the Vermont Criminal Justice
Council to collect a saliva sample for the purpose of evidentiary testing to determine
the presence of a drug. Any saliva sample obtained pursuant to this section shall
not be taken at roadside.
(c) When blood or saliva is withdrawn at an officer’s request, a sufficient amount of
saliva or blood, as the case may be, shall be taken to enable the person to have made
an independent analysis of the sample and shall be held for at least 45 days from
the date the sample was taken. At any time during that period, the person may direct
that the sample be sent to an independent laboratory of the person’s choosing for
an independent analysis. The Department of Public Safety shall adopt rules providing
for the security of the sample. At no time shall the defendant or any agent of the
defendant have access to the sample. A preserved sample of breath shall not be required
when an infrared breath-testing instrument is used. A person tested with an infrared
breath-testing instrument shall have the option of having a second infrared test administered
immediately after receiving the results of the first test.
(d) In the case of a breath, saliva, or blood test, the test shall be analyzed in compliance
with rules adopted by the Department of Public Safety. The analyses shall be retained
by the State. A sample is adequate if the infrared breath testing instrument analyzes
the sample and does not indicate the sample is deficient. An analysis of the person’s
saliva or blood that is available to that person for independent analysis shall be
considered valid when performed according to methods approved by the Department of
Public Safety. The analysis performed by the State shall be considered valid when
performed according to a method or methods selected by the Department of Public Safety.
The Department of Public Safety shall use rulemaking procedures to select its method
or methods. Failure of a person to provide an adequate breath or saliva sample constitutes
a refusal.
(e) [Repealed.]
(f) When a law enforcement officer has reason to believe that a person may be violating
or has violated section 1201 of this title, the officer may request the person to provide a sample of breath for a preliminary
screening test using a device approved by the Commissioner of Public Safety for this
purpose. The person shall not have the right to consult an attorney prior to submitting
to this preliminary breath alcohol screening. The results of this preliminary screening
may be used for the purpose of deciding whether an arrest should be made and whether
to request an evidentiary test and shall not be used in any court proceeding except
on those issues. Following the screening, additional tests may be required of the
operator pursuant to the provisions of section 1202 of this title.
(g) The Office of the Chief Medical Examiner shall report in writing to the Department
of Motor Vehicles the death of any individual as the result of a crash involving a
vehicle and the circumstances of the crash within five days after such death.
(h) A Vermont law enforcement officer shall have a right to request a breath, saliva,
or blood sample in an adjoining state or country under this section unless prohibited
by the law of the other state or country. If the law in an adjoining state or country
does not prohibit an officer acting under this section from taking a breath, saliva,
or blood sample in its jurisdiction, evidence of such sample shall not be excluded
in the courts of this State solely on the basis that the test was taken outside the
State.
(i) The Commissioner of Public Safety shall adopt emergency rules relating to the operation,
maintenance, and use of preliminary alcohol screening devices for use by law enforcement
officers in enforcing the provisions of this title. The Commissioner shall consider
relevant standards of the National Highway Traffic Safety Administration in adopting
such rules. Any preliminary alcohol screening device authorized for use under this
title shall be on the qualified products list of the National Highway Traffic Safety
Administration.
(j) A videotape made of the alleged offense and subsequent processing may be erased or
destroyed by the law enforcement agency no earlier than 90 days after final judgment
or, if no civil or criminal action is filed, no earlier than 90 days after the date
the videotape was made.
(k) A copy of a videotape made of the alleged offense shall be provided to the defendant
within ten days after the defendant requests the copy and pays a $45.00 fee for its
reproduction. No fee shall be charged to a defendant whom the court has determined
to be indigent. (Added 1969, No. 267 (Adj. Sess.), § 3; amended 1971, No. 14, § 8, eff. March 11, 1971; 1971, No. 260 (Adj. Sess.), § 48; 1973, No. 79, § 3, eff. May 23, 1973; 1975, No. 103, § 1, eff. May 30, 1975; 1981, No. 103, § 4; 1989, No. 68, § 4, eff. Dec. 1, 1989; 1991, No. 55, § 4; 1991, No. 57, §§ 1, 4, eff. July 4, 1991; 1997, No. 57, § 2; 1999, No. 160 (Adj. Sess.), § 17, eff. May 29, 2000; 2007, No. 153 (Adj. Sess.), § 2; 2011, No. 56, § 14, eff. March 1, 2012; 2019, No. 59, § 28; 2019, No. 164 (Adj. Sess.), § 24, eff. Jan. 1, 2022; 2021, No. 65, § 10, eff. Jan. 1, 2022; 2023, No. 85 (Adj. Sess.), § 285, eff. July 1, 2024.)
§ 1203a. Independent chemical test; blood tests
(a) A person tested has the right at the person’s own expense to have someone of the person’s
own choosing administer a chemical test or tests in addition to any administered at
the direction of the law enforcement officer under section 1203 of this title. The failure or inability to obtain an additional test or tests by a person shall
not preclude the admission in evidence of the test taken at the direction of an enforcement
officer unless the additional test was prevented or denied by the enforcement officer.
(b) Arrangements for a blood test shall be made by the person submitting to the evidentiary
breath or saliva test, by the person’s attorney, or by some other person acting on
the person’s behalf unless the person is detained in custody after administration
of the evidentiary test and upon completion of processing, in which case the law enforcement
officer having custody of the person shall make arrangements for administration of
the blood test upon demand but at the person’s own expense.
(c) If after reasonable efforts the person is unable to arrange transportation necessary
to obtain the blood test upon completion of processing, the law enforcement officer
shall provide or arrange transportation to a facility available to administer the
test unless, for good cause, the officer is unable to do so. This subsection shall
only apply if the person was tested with an infrared testing device.
(d) The physician, licensed nurse, medical technician, physician assistant, medical technologist,
or laboratory assistant drawing a sample of blood shall use a sample collection kit
provided by the Department of Public Safety or another type of collection kit. The
sample shall be identified as to donor, date, and time; sealed; and mailed to the
Department of Public Safety where it shall be held for a period of at least 45 days
from the date the sample was taken. At any time during that period, the person may
direct that the sample be sent to an independent laboratory of the person’s choosing
for an independent analysis. The Department of Public Safety may recover its costs
of supplies, handling, and storage.
(e) The person requesting the sample is responsible for the costs of transportation, drawing
the sample, and subsequent analysis. If the facility where the sample is drawn is
unable to obtain payment from the person at the time the sample is drawn or within
a reasonable time thereafter, the facility shall be entitled to reimbursement from
the Office of the Defender General. The Office of the Defender General may recoup
those costs and the court may impose conditions of release or probation for that purpose.
(f) The facility, physician, licensed nurse, medical technician, physician assistant,
medical technologist, or laboratory assistant drawing blood shall in no manner be
liable in any civil or criminal action except for negligence in drawing the blood. (Added 1991, No. 57, § 3, eff. July 4, 1991; amended 2011, No. 56, § 15, eff. March 1, 2012; 2013, No. 34, § 30a; 2019, No. 164 (Adj. Sess.), § 25, eff. Jan. 1, 2022; 2021, No. 20, § 241.)
§ 1203b. Duty to report blood test results
(a) Notwithstanding any law or court rule to the contrary, if a health care provider who
is providing health services to a person in the emergency room of a health care facility
as a result of a motor vehicle crash becomes aware as a result of any blood test performed
in the health care facility that the person’s blood alcohol level meets or exceeds
the level prohibited by law, the health care provider shall report that fact, as soon
as is reasonably possible, to a law enforcement agency having jurisdiction over the
location where the crash occurred.
(b) Any person who in good faith reports the results of a blood test pursuant to the provisions
of subsection (a) of this section shall be immune from any civil or criminal liability
that might otherwise be incurred or imposed as a result of making a report.
(c) Any person who violates subsection (a) of this section shall be assessed a civil penalty
of not more than $500.00.
(d) A report made under this section, the fact that a report was made, and the results
of the blood test that required the report shall not be admissible in any criminal
case without the consent of the person whose blood was tested.
(e) A report made under the provisions of this section shall not be considered a waiver
of the patient’s privilege.
(f) As used in this section:
(1) “Health care facility” shall be defined as provided in 18 V.S.A. § 9432(8).
(2) “Health care provider” shall be defined as provided in 18 V.S.A. § 9432(9).
(3) “Health services” shall be defined as provided in 18 V.S.A. § 9432(10).
(g) Health care facilities have a responsibility to ensure that all health care providers
who work in the health care facility and may provide health care to a person injured
as a result of a motor vehicle crash are aware of their responsibilities under this
section. Every health care facility that provides health care to persons injured as
a result of motor vehicle crashes shall:
(1) adopt a policy that implements this section;
(2) provide a copy of the policy to all health care providers who work in the health care
facility who may provide health care to a person as a result of a motor vehicle crash;
and
(3) conduct an educational and training program within one month of employment for all
health care providers who work at the health care facility who may provide health
care to an individual as a result of a motor vehicle crash. (Added 1997, No. 117 (Adj. Sess.), § 15; amended 2019, No. 131 (Adj. Sess.), § 190; 2021, No. 76, § 3.)
§ 1204. Permissive inferences
(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged
to have been committed by a person while operating, attempting to operate, or in actual
physical control of a vehicle on a highway, the person’s alcohol concentration shall
give rise to the following permissive inferences:
(1) If the person’s alcohol concentration at that time was less than 0.08, such fact shall
not give rise to any presumption or permissive inference that the person was or was
not under the influence of alcohol, but such fact may be considered with other competent
evidence in determining whether the person was under the influence of alcohol.
(2) If the person’s alcohol concentration at that time was 0.08 or more, it shall be a
permissive inference that the person was under the influence of alcohol in violation
of subdivision 1201(a)(2) or (3) of this title.
(3) If the person’s alcohol concentration at any time within two hours of the alleged
offense was 0.10 or more, it shall be a permissive inference that the person was under
the influence of alcohol in violation of subdivision 1201(a)(2) or (3) of this title.
(b) The foregoing provisions shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question whether the person was under the
influence of alcohol or under the combined influence of alcohol and another drug nor
shall they be construed as requiring that evidence of the amount of alcohol or drug
in the person’s blood, breath, urine, or saliva must be presented. (Added 1969, No. 267 (Adj. Sess.), § 4; amended 1973, No. 79, § 4, eff. May 23, 1973; 1981, No. 103, § 5; 1987, No. 244 (Adj. Sess.); 1991, No. 55, § 5; 2017, No. 83, § 161(4); 2019, No. 164 (Adj. Sess.), § 26, eff. Oct. 7, 2020.)
§ 1205. Civil suspension; summary procedure
(a) Refusal; alcohol concentration at or above legal limits; suspension periods.
(1) Upon affidavit of a law enforcement officer that the officer had reasonable grounds
to believe that the person was operating, attempting to operate, or in actual physical
control of a vehicle in violation of section 1201 of this title and that the person refused to submit to a test, the Commissioner shall suspend the
person’s operating license or nonresident operating privilege or the privilege of
an unlicensed operator to operate a vehicle for a period of six months and until the
person complies with section 1209a of this title. However, during the suspension, an eligible person may operate under the terms of
an ignition interlock RDL or ignition interlock certificate issued pursuant to section 1213 of this title.
(2) Upon affidavit of a law enforcement officer that the officer had reasonable grounds
to believe that the person was operating, attempting to operate, or in actual physical
control of a vehicle in violation of section 1201 of this title and that the person submitted to a test and the test results indicated that the person’s
alcohol concentration was at or above a limit specified in subsection 1201(a) of this title, at the time of operating, attempting to operate, or being in actual physical control,
the Commissioner shall suspend the person’s operating license or nonresident operating
privilege or the privilege of an unlicensed operator to operate a vehicle for a period
of 90 days and until the person complies with section 1209a of this title. However, during the suspension, an eligible person may operate under the terms of
an ignition interlock RDL or ignition interlock certificate issued pursuant to section 1213 of this title.
(3) Upon affidavit of a law enforcement officer that the officer had reasonable grounds
to believe that the person was operating, attempting to operate, or in actual physical
control of a vehicle in violation of subdivision 1201(d)(2) of this title and that the person submitted to a test and the test results indicated that the person’s
alcohol concentration was 0.02 or more at the time of operating, attempting to operate,
or being in actual physical control, the Commissioner shall suspend the person’s operating
license or nonresident operating privilege or the privilege of an unlicensed operator
to operate a vehicle for life. However, during the suspension, an eligible person
may operate under the terms of an ignition interlock RDL or ignition interlock certificate
issued under section 1213 of this title.
(b) Form of officer’s affidavit. A law enforcement officer’s affidavit in support of a suspension under this section
shall be in a standardized form for use throughout the State and shall be sufficient
if it contains the following statements:
(1) The officer is a certified law enforcement officer.
(2) The officer who administered the test was certified to operate the testing equipment.
(3) The officer had reasonable grounds to believe the person was operating, attempting
to operate, or in actual physical control of a vehicle in violation of section 1201 of this title (noting the time and date of operating, attempting to operate, or being in actual
physical control).
(4) The officer informed the person of the person’s rights under subsection 1202(d) of this title.
(5) The officer obtained an evidentiary test (noting the time and date the test was taken)
and the test indicated that the person’s alcohol concentration was at or above a legal
limit specified in subsection 1201(a) or (d) of this title, or the person refused
to submit to an evidentiary test.
(6) The officer complied with the Servicemembers Civil Relief Act, codified at 50 U.S.C.
chapter 50.
(7) The officer confirmed the person’s correct mailing address.
(c) Notice of suspension. On behalf of the Commissioner of Motor Vehicles, a law enforcement officer requesting
or directing the administration of an evidentiary test shall serve notice of intention
to suspend and of suspension on a person who refuses to submit to an evidentiary test
or on a person who submits to a test the results of which indicate that the person’s
alcohol concentration was at or above a legal limit specified in subsection 1201(a)
or (d) of this title, at the time of operating, attempting to operate, or being in
actual physical control of a vehicle in violation of section 1201 of this title. The notice shall be signed by the law enforcement officer requesting the test. A
copy of the notice shall be sent to the Commissioner of Motor Vehicles, and a copy
shall be mailed or given to the defendant within three business days after the date
the officer receives the results of the test. If mailed, the notice is deemed received
three days after mailing to the address provided by the defendant to the law enforcement
officer. A copy of the affidavit of the law enforcement officer shall also be mailed
by first-class mail or given to the defendant and the Commissioner of Motor Vehicles
within seven days after the date of notice.
(d) Form of notice. The notice of intention to suspend and of suspension shall be in a form prescribed
by the Supreme Court. The notice shall include an explanation of rights, a form to
be used to request a hearing, and, if a hearing is requested, the date, time, and
location of the Criminal Division of the Superior Court where the person must appear
for a preliminary hearing. The notice shall also contain, in boldface print, the following:
(1) You have the right to ask for a hearing to contest the suspension of your operator’s
license.
(2) If this is your first violation of section 1201 of this title and if you do not request a hearing, your license will be suspended as provided in
this notice. If this is your second or subsequent violation of section 1201 of this title, your license will be suspended on the 11th day after you receive this notice. It
is a crime to drive while your license is suspended unless you have been issued an
ignition interlock restricted driver’s license or ignition interlock certificate.
(3) If you wish to request a hearing before the Criminal Division of the Superior Court,
you must mail or deliver your request for a hearing within seven days after (date
of notice).
(4) If your request for a hearing is not mailed or delivered within seven days after (date
of notice), you waive your right to a hearing and your license will be suspended as
provided in this notice.
(5) In order to request a hearing, sign the attached form and mail or deliver the form
to the Commissioner of Motor Vehicles at the address shown.
(6) If you are charged with a second or subsequent violation of section 1201 of this title, no person shall sell, transfer, or encumber the title to a vehicle that may be subject
to immobilization or forfeiture, unless approved by the court in which the charge
is filed for good cause shown.
(e) Effective date of suspension.
(1) First offense. Unless a hearing is requested, a suspension under this section of the license of a
person who the officer has reasonable grounds to believe violated section 1201 of this title a first time becomes effective on the 11th day after the person receives notice or
is deemed to have received notice under subsection (c) of this section. If a hearing
is requested, a suspension shall not become effective unless the court orders a suspension
after hearing as provided in this section.
(2) Second or subsequent offense. A suspension of a person’s license under this section shall become effective on the
11th day after the person receives notice or is deemed to have received notice under
subsection (c) of this section if:
(A) the officer has reasonable grounds to believe the person has violated section 1201 of this title; and
(B) within the last 20 years, the person has:
(i) had his or her operator’s license suspended pursuant to this section; or
(ii) been convicted of a violation of section 1201 of this title.
(f) Review by Superior Court. Within seven days following receipt of a notice of intention to suspend and of suspension,
a person may make a request for a hearing before the Superior Court by mailing or
delivering the form provided with the notice. The request shall be mailed or delivered
to the Commissioner of Motor Vehicles, who shall then notify the Criminal Division
of the Superior Court that a hearing has been requested and provide the Criminal Division
and the State’s Attorney with a copy of the notice of intention to suspend and of
suspension and the officer’s affidavit.
(g) Preliminary hearing. The preliminary hearing shall be held within 21 days after the alleged offense. Unless
impracticable or continued for good cause shown, the date of the preliminary hearing
shall be the same as the date of the first appearance in any criminal case resulting
from the same incident for which the person received a citation to appear in court.
The preliminary hearing shall be held in accordance with procedures prescribed by
the Supreme Court.
(h) Final hearing.
(1) If the defendant requests a hearing on the merits, the court shall schedule a final
hearing on the merits to be held within 21 days after the date of the preliminary
hearing. In no event may a final hearing occur more than 42 days after the date of
the alleged offense without the consent of the defendant or for good cause shown.
The final hearing may only be continued by the consent of the defendant or for good
cause shown. The issues at the final hearing shall be limited to the following:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was
operating, attempting to operate, or in actual physical control of a vehicle in violation
of section 1201 of this title.
(B) Whether at the time of the request for the evidentiary test the officer informed the
person of the person’s rights and the consequences of taking and refusing the test
substantially as set out in subsection 1202(d) of this title.
(C) Whether the person refused to permit the test.
(D) Whether the test was taken and the test results indicated that the person’s alcohol
concentration was at or above a legal limit specified in subsection 1201(a) or (d)
of this title, at the time of operating, attempting to operate, or being in actual
physical control of a vehicle in violation of section 1201 of this title, whether the testing methods used were valid and reliable, and whether the test results
were accurate and accurately evaluated. Evidence that the test was taken and evaluated
in compliance with rules adopted by the Department of Public Safety shall be prima
facie evidence that the testing methods used were valid and reliable and that the
test results are accurate and were accurately evaluated.
(E) Whether the requirements of section 1202 of this title were complied with.
(2) No less than seven days before the final hearing, and subject to the requirements
of Vermont Rule of Civil Procedure 11, the defendant shall provide to the State and
file with the court a list of the issues (limited to the issues set forth in this
subsection) that the defendant intends to raise. Only evidence that is relevant to
an issue listed by the defendant may be raised by the defendant at the final hearing.
The defendant shall not be permitted to raise any other evidence at the final hearing,
and all other evidence shall be inadmissible.
(i) Finding by the court. The court shall electronically forward a report of the hearing to the Commissioner.
Upon a finding by the court that the law enforcement officer had reasonable grounds
to believe that the person was operating, attempting to operate, or in actual physical
control of a vehicle in violation of section 1201 of this title and that the person refused to submit to a test, or upon a finding by the court that
the law enforcement officer had reasonable grounds to believe that the person was
operating, attempting to operate, or in actual physical control of a vehicle in violation
of section 1201 of this title and that the person submitted to a test and the test results indicated that the person’s
alcohol concentration was at or above a legal limit specified in subsection 1201(a)
or (d) of this title, at the time the person was operating, attempting to operate,
or in actual physical control, the person’s operating license, or nonresident operating
privilege, or the privilege of an unlicensed operator to operate a vehicle shall be
suspended or shall remain suspended for the required term and until the person complies
with section 1209a of this title. Upon a finding in favor of the person, the Commissioner shall cause the suspension
to be canceled and removed from the record, without payment of any fee.
(j) Venue and conduct of hearings. Venue for proceedings under this section shall be in the territorial unit of the Superior
Court where the offense is alleged to have occurred. Hearings under this section shall
be summary proceedings conducted by the Criminal Division of the Superior Court without
a jury and shall be subject to the Vermont Rules of Civil Procedure only as consistent
with this section. The State has the burden of proof by a preponderance of the evidence.
Affidavits of law enforcement officers, chemists of either party, or expert witnesses
of either party shall be admissible evidence, which may be rebutted by witnesses called
by either party. The affidavits shall be delivered to the other party at least five
days prior to the hearing.
(k) Appeal. A decision of the Criminal Division of the Superior Court under this section may be
appealed as a matter of right to the Supreme Court. The suspension shall not be stayed
pending appeal unless the defendant is reasonably likely to prevail on appeal.
(l) Access to information. In connection with a proceeding under this section, the operator shall have access
to all written statements and information in the possession and control of the State
concerning the evidentiary test or tests, including the police report, processing
forms, certification and affidavit, breath test results, police notes, and the names
and addresses of witnesses. If the operator intends to rely on the independent analysis,
the State shall have access to the test results from the independent analysis and
names and addresses of all witnesses. No depositions or written interrogatories shall
be permitted except in extraordinary circumstances.
(m) Second and subsequent suspensions. For a second suspension under this subchapter, the period of suspension shall be 18
months and until the person complies with section 1209a of this title. However, during the suspension, an eligible person may operate under the terms of
an ignition interlock RDL or ignition interlock certificate issued pursuant to section 1213 of this title. For a third or subsequent suspension under this subchapter, the period of suspension
shall be life. However, during this lifetime suspension, an eligible person may operate
under the terms of an ignition interlock RDL or ignition interlock certificate issued
under section 1213 of this title.
(n) Presumption. In a proceeding under this section, if at any time within two hours of operating,
attempting to operate, or being in actual physical control of a vehicle a person had
an alcohol concentration at or above a legal limit specified in subsection 1201(a)
or (d) of this title, it shall be a rebuttable presumption that the person’s alcohol
concentration was at or above the applicable limit at the time of operating, attempting
to operate, or being in actual physical control.
(o) Use immunity. No testimony or other information presented by the defendant in connection with a
proceeding under this section or any information directly or indirectly derived from
such testimony or other information may be used for any purpose, including impeachment
and cross-examination, against the defendant in any criminal case, except a prosecution
for perjury or giving a false statement.
(p) Suspensions to run concurrently. Suspensions imposed under this section or any comparable statute of any other jurisdiction
and sections 1206, 1208, and 1216 of this title or any comparable statutes of any other jurisdiction, or any suspension resulting
from a conviction for a violation of section 1091 of this title from the same incident, shall run concurrently and a person shall receive credit
for any elapsed period of a suspension served in Vermont against a later suspension
imposed in this State.
(q) Rules. The Supreme Court shall adopt rules ensuring the fairness of proceedings under this
section.
(r) Surcharge; Public Defender Special Fund; DUI Enforcement Special Fund. A person suspended under this section for a refusal shall be assessed a surcharge
of $50.00 that shall be collected by the Department of Motor Vehicles prior to reinstatement
of the person’s driving privileges. The Department shall transfer the surcharge assessed
under this subsection to the Public Defender Special Fund created in 13 V.S.A. § 5239 specifying the source of the monies being deposited. All such monies shall be used
by the Office of the Defender General to cover the cost of providing statewide 24-hour
legal services coverage as required by subsection 1202(g) of this title. After $40,000.00 has been deposited in the Public Defender Special Fund in a single
fiscal year, all additional collected surcharges assessed under this subsection in
that fiscal year shall be credited to the Governor’s Highway Safety Commission for
deposit in a DUI Enforcement Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. All such DUI Enforcement Special Fund receipts shall be used exclusively
for statewide DUI enforcement and for no other purpose.
(s) [Repealed.]
(t) Nonmandatory time limits. For a first offense, the time limits set forth in subsections (g) and (h) of this
section are directive only and shall not be interpreted by the court to be mandatory
or jurisdictional.
(u) Testimony by telephone. In any proceeding under this section, for cause shown, a party’s chemist may be allowed
to testify by telephone in lieu of a personal appearance. (Added 1969, No. 267 (Adj. Sess.), § 5; amended 1971, No. 14, § 9, eff. March 11, 1971; 1973, No. 79, § 5, eff. May 23, 1973; 1975, No. 103, § 2, eff. May 30, 1975; 1979, No. 58, § 1; 1981, No. 103, § 6; 1983, No. 134 (Adj. Sess.), § 4; 1989, No. 68, § 5, eff. Dec. 1, 1989; 1991, No. 55, § 6; 1995, No. 77 (Adj. Sess.), § 8, eff. March 21, 1996; 1995, No. 112 (Adj. Sess.), § 12, eff. April 22, 1996; 1997, No. 56, §§ 4, 7, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 16; 1999, No. 160 (Adj. Sess.), § 18, eff. May 29, 2000; 2001, No. 146 (Adj. Sess.), § 3; 2009, No. 126 (Adj. Sess.), § 4, eff. July 1, 2011; 2009, No. 154 (Adj. Sess.), § 160; 2011, No. 46, § 8, eff. July 2, 2011; 2011, No. 56, §§ 4, 16, eff. March 1, 2012; 2011, No. 90 (Adj. Sess.), § 7; 2013, No. 57, § 19; 2015, No. 158 (Adj. Sess.), § 49; 2019, No. 32, § 8; 2019, No. 131 (Adj. Sess.), § 191; 2023, No. 85 (Adj. Sess.), § 286, eff. July 1, 2024; 2025, No. 41, § 2, eff. July 1, 2025; 2025, No. 66, §§ 32, 33, eff. July 1, 2025.)
§ 1206. Suspension of license for driving while under influence; first conviction
(a) First conviction—generally. Except as otherwise provided, upon conviction of an individual for violating a provision
of section 1201 of this subchapter, or upon final determination of an appeal, the
court shall immediately forward the conviction report to the Commissioner of Motor
Vehicles. The Commissioner shall immediately suspend the operator’s operating license
or nonresident operating privilege or the privilege of an unlicensed operator to operate
a vehicle, as applicable, for a period of 90 days and until the operator complies
with section 1209a of this title.
(b) Extended suspension—fatality or serious bodily injury. In cases resulting in a fatality or serious bodily injury to a person other than the
defendant, the period of suspension shall be one year and until the defendant complies
with section 1209a of this title.
(c) Operation during suspension. During a suspension under this section, an eligible person may operate a motor vehicle
under the terms of an ignition interlock RDL or ignition interlock certificate issued
under section 1213 of this title. (Added 1969, No. 267 (Adj. Sess.), § 6; amended 1973, No. 79, § 6, eff. May 23, 1973; 1975, No. 103, § 3, eff. May 30, 1975; 1979, No. 58, § 2; 1981, No. 103, § 7; 1983, No. 134 (Adj. Sess.), § 5; 1999, No. 160 (Adj. Sess.), § 19; 2009, No. 126 (Adj. Sess.), § 5, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 3; 2015, No. 158 (Adj. Sess.), § 50; 2019, No. 131 (Adj. Sess.), § 192; 2023, No. 85 (Adj. Sess.), § 287, eff. July 1, 2024.)
§ 1207. Repealed. 1973, No. 79, § 9, eff. May 23, 1973.
§ 1208. Suspensions for subsequent convictions
(a) Second conviction. Upon a second conviction of an individual violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall immediately forward the
conviction report to the Commissioner of Motor Vehicles. The Commissioner shall immediately
suspend the operator’s operating license or nonresident operating privilege or the
privilege of an unlicensed operator to operate a vehicle, as applicable, for 18 months
and until the operator complies with section 1209a of this title. However, during the suspension, an eligible operator may operate under the terms
of an ignition interlock RDL or ignition interlock certificate issued pursuant to
section 1213 of this title.
(b) Third conviction. Upon a third or subsequent conviction of an individual violating a provision of section 1201 of this title and upon final determination of any appeal, the court shall immediately forward the
conviction report to the Commissioner of Motor Vehicles. The Commissioner shall immediately
revoke the operator’s operating license or nonresident operating privilege or the
privilege of an unlicensed operator to operate a motor vehicle, as applicable, for
life. However, during this lifetime revocation, an eligible operator may operate under
the terms of an ignition interlock RDL or ignition interlock certificate issued under
section 1213 of this title. (Added 1969, No. 267 (Adj. Sess.), § 8; amended 1973, No. 79, § 7, eff. May 23, 1973; 1975, No. 103, §§ 4, 5, eff. May 30, 1975; 1977, No. 101, § 2, eff. May 6, 1977; 1979, No. 58, § 3; 1981, No. 103, § 8; 1983, No. 134 (Adj. Sess.), § 6; 1989, No. 179 (Adj. Sess.), § 4, eff. May 14, 1990; 1991, No. 55, § 7; 1997, No. 56, § 5, eff. Aug. 1, 1997; 2009, No. 126 (Adj. Sess.), § 6, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 4; 2015, No. 158 (Adj. Sess.), § 51; 2023, No. 85 (Adj. Sess.), § 288, eff. July 1, 2024.)
§ 1209. Repealed. 1973, No. 79, § 9, eff. May 23, 1973.
§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs
(a) Conditions of reinstatement. No license or privilege to operate suspended or revoked under this subchapter shall
be reinstated except as follows:
(1) In the case of a first suspension, a license or privilege to operate shall be reinstated
only:
(A) after the individual has successfully completed the Alcohol and Driving Education
Program, at the individual’s own expense, followed by an assessment of the need for
further treatment by a State-designated counselor, at the individual’s own expense,
to determine whether reinstatement should be further conditioned on satisfactory completion
of a therapy program agreed to by the individual and the Drinking Driver Rehabilitation
Program Director;
(B) if the screening indicates that therapy is needed, after the individual has satisfactorily
completed or shown substantial progress in completing a therapy program at the individual’s
own expense agreed to by the individual and the Driver Rehabilitation Program Director;
(C) if the individual elects to operate under an ignition interlock RDL or ignition interlock
certificate, after the individual operates under the RDL or certificate for the applicable
period set forth in subsection 1205(a) or section 1206 of this title, plus any extension of this period arising from a violation of section 1213 of this title; and
(D) if the individual has no pending criminal charges, civil citations, or unpaid fines
or penalties for a violation under this chapter.
(2) In the case of a second suspension, a license or privilege to operate shall not be
reinstated until:
(A) the individual has successfully completed an alcohol and driving rehabilitation program;
(B) the individual has completed or shown substantial progress in completing a therapy
program at the individual’s own expense agreed to by the individual and the Driver
Rehabilitation Program Director;
(C) after the individual operates under an ignition interlock RDL or ignition interlock
certificate for 18 months or, in the case of someone subject to the one-year hard
suspension prescribed in subdivision 1213(a)(1)(C) of this title, for one year, plus any extension of the relevant period arising from a violation
of section 1213 of this title, except if otherwise provided in subdivision (4) of this subsection (a); and
(D) the individual has no pending criminal charges, civil citations, or unpaid fines or
penalties for a violation under this chapter.
(3) In the case of a third or subsequent suspension or a revocation, a license or privilege
to operate shall not be reinstated until:
(A) the individual has successfully completed an alcohol and driving rehabilitation program;
(B) the individual has completed or shown substantial progress in completing a therapy
program at the individual’s own expense agreed to by the individual and the Driver
Rehabilitation Program Director;
(C) the individual has satisfied the requirements of subsection (b) of this section; and
(D) the individual has no pending criminal charges, civil citations, or unpaid fines or
penalties for a violation under this chapter.
(4) The Commissioner shall waive a requirement under subdivision (2) of this subsection
or subsection (b) of this section that an individual operate under an ignition interlock
RDL or certificate prior to eligibility for reinstatement if:
(A) the individual furnishes sufficient proof as prescribed by the Commissioner that the
individual is incapable of using an ignition interlock device because of a medical
condition that will persist permanently or at least for the term of the suspension
or, in the case of suspensions or revocations for life, for a period of at least three
years; or
(B) the underlying offenses arose solely from being under the influence of a drug other
than alcohol.
(b) Total Abstinence Program.
(1) As used in this subsection:
(A) “Drug” means:
(i) a regulated drug, as defined in 18 V.S.A. § 4201, that is used in any way other than as prescribed for a legitimate medical use in
conformity with instructions from the prescriber; or
(ii) any substance or combination of substances, other than alcohol or a regulated drug,
that potentially affects the nervous system, brain, or muscles of an individual so
as to impair an individual’s ability to drive a vehicle safely to the slightest degree.
(B) “Total abstinence” means refraining from consuming any amount of alcohol or drugs
at any time, regardless of whether the alcohol or drugs are consumed by an individual
when attempting to operate, operating, or in actual physical control of a vehicle.
(2)(A) Notwithstanding any other provision of this subchapter, an individual whose license
or privilege to operate has been suspended or revoked for life under this subchapter
may apply to the Commissioner for reinstatement of the individual’s driving privilege
if the individual satisfies the requirements set forth in subdivision (3) of this
subsection (b).
(B) The beginning date for the period of total abstinence shall be not earlier than the
effective date of the suspension or revocation from which the individual is requesting
reinstatement and shall not include any period during which the individual is serving
a sentence of incarceration to include furlough. The application shall include the
applicant’s authorization for a urinalysis examination, or another examination if
it is approved as a preliminary screening test under this subchapter, to be conducted
prior to reinstatement under this subdivision (2). The application to the Commissioner
shall be accompanied by a fee of $500.00. The Commissioner shall have the discretion
to waive the application fee if the Commissioner determines that payment of the fee
would present a hardship to the applicant.
(3) If the Commissioner or a medical review board convened by the Commissioner is satisfied
by a preponderance of the evidence that the applicant has maintained total abstinence
for the three years immediately preceding the application, has successfully completed
a therapy program as required under this section, and has operated under a valid ignition
interlock RDL or under an ignition interlock certificate for at least three years
following the suspension or revocation, and the applicant provides a written acknowledgment
that the applicant must maintain total abstinence at all times while participating
in the Total Abstinence Program, the applicant’s license or privilege to operate shall
be reinstated immediately, subject to the condition that the applicant’s suspension
or revocation will be put back in effect in the event any further investigation reveals
a failure to maintain total abstinence and to any additional conditions as the Commissioner
may impose to advance the public interest in public safety. The requirement to operate
under an ignition interlock RDL or ignition interlock certificate shall not apply
if the applicant is exempt under subdivision (a)(4) of this section.
(4) If after notice and an opportunity for a hearing the Commissioner later finds that
the individual was violating the conditions of the individual’s reinstatement under
this subsection, the individual’s operating license or privilege to operate shall
be immediately suspended or revoked for life.
(5) If the Commissioner finds that an individual reinstated under this subsection is suspended
pursuant to section 1205 of this title or is convicted of a violation of section 1201 of this title subsequent to reinstatement under this subsection, the individual shall be conclusively
presumed to be in violation of the conditions of the reinstatement.
(6) An individual shall be eligible for reinstatement under this subsection only once
following a suspension or revocation for life.
(7)(A) If an applicant for reinstatement under this subsection (b) resides in a jurisdiction
other than Vermont, the Commissioner may elect not to conduct an investigation. If
the Commissioner elects not to conduct an investigation, the Commissioner shall provide
a letter to the applicant’s jurisdiction of residence stating that Vermont does not
object to the jurisdiction issuing the applicant a license if the applicant is required
to operate only vehicles equipped with an ignition interlock device for at least a
three-year period, unless exempt under subdivision (a)(4) of this section, and is
required to complete any alcohol rehabilitation or treatment requirements of the licensing
jurisdiction.
(B) If the applicant’s jurisdiction of residence is prepared to issue or has issued a
license in accordance with subdivision (A) of this subdivision (7) and the applicant
satisfies the requirements of section 675 of this title, the Commissioner shall update relevant State and federal databases to reflect that
the applicant’s lifetime suspension or revocation in Vermont under this subchapter
has terminated.
(c) Screening and therapy programs. In the case of a second or subsequent suspension, the Commissioner shall notify the
individual of the requirement to enroll in the alcohol and driving education screening
and therapy program provided for in this section within 30 days after license suspension.
If the individual fails to enroll or fails to remain so enrolled until completion,
the Drinking Driver Rehabilitation Program shall report such failure to the sentencing
court. The court may order the individual to appear and show cause why the individual
failed to comply.
(d) Judicial review. An individual aggrieved by a decision of a designated counselor under this section
may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil
Procedure.
(e) Therapy program. A therapy program required under this section may include outpatient therapy, intensive
outpatient therapy, and residential therapy. In the event that the individual and
the Driver Rehabilitation Program Director cannot agree on the type of therapy required,
the Criminal Division of the Superior Court shall make that determination.
(f) Fees. The Department of Health’s Drinking Driver Rehabilitation Program shall assess fees
for the Alcohol and Driving Education Program and the alcohol assessment screening
required by subdivision (a)(1)(A) of this section. The fee for the Alcohol and Driving
Education Program shall not exceed $250.00. The fee for the alcohol assessment screening
shall not exceed $200.00. In the case of a more intensive or weekend residential program
combining both the Alcohol and Driving Education Program and the alcohol assessment
screening, the total charge shall not exceed $625.00. Charges collected under this
section shall be credited to separate special funds for each type of service and shall
be available to the Department of Health to offset the cost of operating the Drinking
Driver Rehabilitation Program. (Added 1981, No. 103, § 9; amended 1983, No. 134 (Adj. Sess.), § 7; 1985, No. 202 (Adj. Sess.), § 1; 1989, No. 68, § 6; 1989, No. 179 (Adj. Sess.), § 3, eff. May 14, 1990; 1991, No. 55, § 8; 1997, No. 55, § 7, eff. June 26, 1997; 1997, No. 56, § 8, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 17; 1997, No. 155 (Adj. Sess.), § 63; 1999, No. 160 (Adj. Sess.), § 20; 2003, No. 109 (Adj. Sess.), § 7; 2007, No. 76, § 16; 2009, No. 23, § 1; 2009, No. 126 (Adj. Sess.), § 7, eff. July 1, 2011; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 90 (Adj. Sess.), § 5; 2013, No. 189 (Adj. Sess.), § 17; 2015, No. 50, § 16; 2015, No. 158 (Adj. Sess.), § 46; 2017, No. 71, § 14, eff. June 8, 2017; 2017, No. 206 (Adj. Sess.), § 8; 2023, No. 41, § 19, eff. June 1, 2023; 2025, No. 45, § 3, eff. July 1, 2025.)
§ 1210. Penalties
(a) Screening. Before sentencing a defendant under this section, the court may order that the defendant
submit to an alcohol assessment screening. Such a screening report may be considered
at sentencing in the same manner as a presentence report. At sentencing, the defendant
may present relevant evidence, including the results of any independent alcohol assessment
that was conducted at the person’s own expense. Evidence regarding any such screening
or an alcohol assessment performed at the expense of the defendant shall not be admissible
for any other purpose without the defendant’s consent.
(b) First offense. A person who violates section 1201 of this title may be fined not more than $750.00 or imprisoned for not more than two years, or
both.
(c) Second offense. A person convicted of violating section 1201 of this title who has been convicted of another violation of that section within the last 20 years
shall be fined not more than $1,500.00 or imprisoned not more than two years, or both.
At least 80 hours of community service shall be performed, or 60 consecutive hours
of the sentence of imprisonment shall be served and may not be suspended or deferred
or served as a supervised sentence, except that credit for a sentence of imprisonment
may be received for time served in a residential alcohol facility pursuant to sentence
if the program is successfully completed.
(d) Third offense. A person convicted of violating section 1201 of this title who has previously been convicted two times of a violation of that section, including
at least one violation within the last 20 years, shall be fined not more than $2,500.00
or imprisoned not more than five years, or both. At least 96 consecutive hours of
the sentence of imprisonment shall be served and may not be suspended or deferred
or served as a supervised sentence, except that credit for a sentence of imprisonment
may be received for time served in a residential alcohol facility pursuant to sentence
if the program is successfully completed. The court may impose a sentence that does
not include a term of imprisonment or that does not require that the 96 hours of imprisonment
be served consecutively only if the court makes written findings on the record that
such a sentence will serve the interests of justice and public safety.
(e) Fourth or subsequent offense.
(1) A person convicted of violating section 1201 of this title who has previously been convicted three or more times of a violation of that section,
including at least one violation within the last 20 years, shall be fined not more
than $5,000.00 or imprisoned not more than 10 years, or both. At least 192 consecutive
hours of the sentence of imprisonment shall be served and may not be suspended or
deferred or served as a supervised sentence, except that credit for a sentence of
imprisonment may be received for time served in a residential alcohol treatment facility
pursuant to sentence if the program is successfully completed. The court shall not
impose a sentence that does not include a term of imprisonment unless the court makes
written findings on the record that there are compelling reasons why such a sentence
will serve the interests of justice and public safety.
(2) The Department of Corrections shall provide alcohol and substance abuse treatment,
when appropriate, to any person convicted of a violation of this subsection.
(f) Death resulting.
(1) If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or
imprisoned not less than one year nor more than 15 years, or both. The provisions
of this subsection do not limit or restrict prosecutions for manslaughter.
(2) If the death or serious bodily injury of more than one person results from a violation
of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each
decedent or person injured.
(3)(A) If the death of any person results from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more
times of a violation of that section, a sentence ordered pursuant to this subsection
shall, except as provided in subdivision (B) of this subdivision (3), include at least
a five-year term of imprisonment. The five-year minimum term of imprisonment required
by this subdivision (3)(A) shall be served and may not be suspended, deferred, or
served as a supervised sentence. The defendant shall not be eligible for probation,
parole, furlough, or any other type of early release until the expiration of the five-year
term of imprisonment.
(B) Notwithstanding subdivision (A) of this subdivision (3), if the death or serious bodily
injury of any person results from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more
times of a violation of that section, the court may impose a sentence that does not
include a term of imprisonment or that includes a term of imprisonment of less than
five years if the court makes written findings on the record that such a sentence
will serve the interests of justice and public safety.
(g) Injury resulting.
(1) If serious bodily injury results to any person other than the operator from a violation
of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or
imprisoned not more than 15 years, or both.
(2) If serious bodily injury or death results to more than one person other than the operator
from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each
person injured or decedent.
(3)(A) If serious bodily injury results to any person other than the operator from a violation
of section 1201 of this title and the person convicted of the violation previously has been convicted two or more
times of a violation of section 1201, a sentence ordered pursuant to this subsection
shall, except as provided in subdivision (B) of this subdivision (3), include at least
a five-year term of imprisonment. The five-year minimum term of imprisonment required
by this subdivision (3)(A) shall be served and may not be suspended, deferred, or
served as a supervised sentence. The defendant shall not be eligible for probation,
parole, furlough, or any other type of early release until the expiration of the five-year
term of imprisonment.
(B) Notwithstanding subdivision (A) of this subdivision (3), if serious bodily injury
results to any person other than the operator from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more
times of a violation of section 1201, the court may impose a sentence that does not
include a term of imprisonment or that includes a term of imprisonment of less than
five years if the court makes written findings on the record that such a sentence
will serve the interests of justice and public safety.
(h) Determination of fines. In determining appropriate fines under this section, the court may take into account
the total cost to a defendant of alcohol screening, participation in the Alcohol and
Driving Education Program and therapy, and the income of the defendant.
(i) Surcharge; Blood and Breath Alcohol Testing Special Fund. A person convicted of violating section 1201 of this title shall be assessed a surcharge of $60.00, which shall be added to any fine imposed
by the court. The court shall collect and transfer such surcharge to the Department
of Public Safety for deposit in the Blood and Breath Alcohol Testing Special Fund
established by section 1220b of this title.
(j) Surcharge; Public Defender Special Fund. A person convicted of violating section 1201 of this title 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 the Office of Defender General for deposit in the Public
Defender Special Fund, specifying the source of the monies being deposited. The collection
procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.
(k) Surcharge; DUI Enforcement Special Fund. A person convicted of violating section 1201 of this title 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 Special Fund. The collection
procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. (Added 1969, No. 267 (Adj. Sess.), § 10; amended 1973, No. 79, § 8, eff. May 23, 1973; 1975, No. 103, § 6, eff. May 30, 1975; 1977, No. 101, § 1, eff. May 6, 1977; 1981, No. 205 (Adj. Sess.), § 2; 1983, No. 134 (Adj. Sess.), § 3; 1989, No. 68, § 7, eff. Dec. 1, 1989; 1991, No. 55, § 9; 1991, No. 234 (Adj. Sess.), § 1; 1993, No. 25, § 25, eff. May 18, 1993; 1995, No. 77 (Adj. Sess.), § 11, eff. March 21, 1996; 1997, No. 117 (Adj. Sess.), § 27; 1999, No. 160 (Adj. Sess.), § 21; 2007, No. 195 (Adj. Sess.), § 5; 2011, No. 56, § 5; 2011, No. 56, § 17, eff. March 1, 2012; 2019, No. 32, § 9; 2019, No. 131 (Adj. Sess.), § 193; 2025, No. 41, § 2, eff. July 1, 2025; 2025, No. 64, § 30, eff. June 12, 2025.)
§ 1211. Construction of cross references
For the purposes of computing offenses under this chapter, references to section 1201 of this title shall be construed to include sections of present or prior law of this or any other
jurisdiction that prohibited operating, attempting to operate, or being in actual
physical control of a motor vehicle on a highway while under the influence of alcohol
or drugs, or both, or while having 0.08 percent or more by weight of alcohol in the
person’s blood or an alcohol concentration of 0.08 or more. (Added 1981, No. 103, § 10; amended 1987, No. 62, § 6; 1991, No. 55, § 10; 2017, No. 83, § 161(4).)
§ 1212. Conditions of release and parole; arrest upon violation
(a) At the first appearance before a judicial officer of a person charged with violation
of section 1201 of this title, the court, upon a plea of not guilty, shall consider whether to establish conditions
of release. Those conditions may include a requirement that the defendant not operate
a motor vehicle if there is a likelihood that the defendant will operate a motor vehicle
in violation of section 1201 or 1213 of this title. The court may consider all relevant evidence, including whether the defendant has
a motor vehicle or criminal record indicating prior convictions for one or more alcohol-related
offenses. Prior convictions may be established for this purpose by a noncertified
photocopy of a motor vehicle record, a computer printout, or an affidavit. Nothing
in this section limits the authority of a judicial officer to impose other conditions
of release, nor does it limit or modify other statutory provisions concerning license
suspension or revocation or the right of a person to operate a motor vehicle.
(b) A court that requires as a condition of release that a defendant not operate a motor
vehicle shall so notify the Commissioner of Motor Vehicles. The Commissioner shall
take suitable steps to ensure that this information is available to law enforcement
officers. The court shall promptly advise the Commissioner of any modification of
this condition of release and of the termination of proceedings.
(c) A law enforcement officer who observes a person violating a condition of release requiring
that he or she not operate a motor vehicle may promptly arrest the person for violating
a condition of bail and shall bring the person before the nearest available judicial
officer without unnecessary delay. A law enforcement officer who otherwise has probable
cause to believe that a person has violated a condition of release requiring that
he or she not operate a motor vehicle shall promptly notify a prosecuting officer.
(d) A law enforcement officer who observes a person violating a condition of parole requiring
that the person not operate a motor vehicle may promptly arrest the person for violating
the condition and may detain the person pursuant to 28 V.S.A. § 551. The officer may immobilize the vehicle and shall immediately notify the Parole Board
of the suspected violation. If the Parole Board determines pursuant to 28 V.S.A. § 552 that a parole violation has occurred, the Board shall notify the State’s Attorney
in the county where the violation occurred, who may institute forfeiture proceedings
against the vehicle under section 1213c of this title. (Added 1983, No. 134 (Adj. Sess.), § 1; amended 2009, No. 126 (Adj. Sess.), § 8, eff. July 1, 2011; 2011, No. 56, § 11, eff. May 31, 2011; 2021, No. 20, § 242.)
§ 1213. Ignition interlock restricted driver’s license or certificate; penalties
(a)(1) An individual whose license or privilege to operate is suspended or revoked under
this subchapter may operate a motor vehicle, other than a commercial motor vehicle
as defined in section 4103 of this title, if issued a valid ignition interlock RDL or ignition interlock certificate. Upon
application, the Commissioner shall issue an ignition interlock RDL or ignition interlock
certificate to an individual otherwise licensed or eligible to be licensed to operate
a motor vehicle if:
(A) the individual submits a $125.00 application fee;
(B) the individual submits satisfactory proof of installation of an approved ignition
interlock device in any motor vehicle to be operated and of financial responsibility
as provided in section 801 of this title;
(C) at least one year has passed since the suspension or revocation was imposed if the
offense involved death or serious bodily injury to an individual other than the operator;
(D) the applicable period set forth in this subsection has passed since the suspension
or revocation was imposed if the offense involved refusal of an enforcement officer’s
reasonable request for an evidentiary test:
(i) 30 days for a first offense;
(ii) 90 days for a second offense; or
(iii) one year for a third or subsequent offense; and
(E) the individual is serving a suspension pursuant to section 2506 if the individual
was charged with a violation of subsection 1201(a) of this title and pled guilty to a reduced charge of negligent operation under section 1091 of this title, notwithstanding any points assessed against the individual’s driving record for
the negligent operation offense under section 2502 of this title.
(2) A new ignition interlock RDL or ignition interlock certificate shall expire at midnight
on the eve of the second birthday of the applicant following the date of issue and
may be renewed for one-year terms. The Commissioner shall send by first-class mail
an application for renewal of the RDL or certificate at least 30 days prior to the
day renewal is required and shall impose the same conditions for renewal as are required
for initial issuance. The renewal fee shall be $125.00.
(b) [Repealed.]
(c) [Repealed.]
(d) If a fine is to be imposed for a conviction of a violation of section 1201 of this title, upon receipt of proof of installation of an approved ignition interlock device,
the court may order that the fine of an individual with low-income conditionally be
reduced by one-half to defray the costs of the ignition interlock device, subject
to the individual’s ongoing operation under, and compliance with the terms of, a valid
ignition interlock RDL or ignition interlock certificate as set forth in this section.
In considering whether an individual’s fine should be reduced under this subsection,
the court shall take into account any discount already provided by the device manufacturer
or provider.
(e) The holder of an ignition interlock RDL or ignition interlock certificate shall pay
the costs of installing, purchasing or leasing, and removing the ignition interlock
device as well as calibrating the device and retrieving data from it periodically
as may be specified by the Commissioner.
(f)(1) Prior to the issuance of an ignition interlock RDL or ignition interlock certificate
under this section, the Commissioner shall notify the applicant that the period prior
to eligibility for reinstatement may be extended under subsections (f)-(h) of this
section.
(2)(A) Prior to any such extension of the reinstatement period, the ignition interlock RDL
or certificate holder shall be given notice and opportunity for a hearing. Service
of the notice shall be sent by first-class mail to the last known address of the individual.
The notice shall include a factual description of the grounds for an extension, a
reference to the particular law allegedly violated, and a warning that the right to
a hearing will be deemed waived, and an extension of the reinstatement period will
be imposed, if a written request for a hearing is not received at the Department of
Motor Vehicles within 15 days after the date of the notice.
(B) When a holder receives a notice under subdivision (A) of this subdivision (f)(2),
the holder shall be deemed to have waived the right to a hearing, unless a written
request for a hearing is received at the Department of Motor Vehicles within 15 days
after the date of the notice. If a hearing is not timely requested, the reinstatement
period shall be extended in accordance with law.
(C) The provisions of sections 105-107 of this title shall apply to hearings conducted under subdivision (2) of this subsection.
(3)(A) A holder of an ignition interlock RDL or certificate who, prior to eligibility for
reinstatement under section 1209a or 1216 of this title, is prevented from starting a motor vehicle because the ignition interlock device
records a blood alcohol concentration of 0.04 or above shall be subject to a three-month
extension of the applicable reinstatement period in the event of three such recorded
events and to consecutive three-month extensions for every additional three recorded
events thereafter. The Commissioner shall disregard a recording of 0.04 or above for
the purposes of this subdivision (3)(A) if the Commissioner in his or her discretion
finds, based on a pattern of tests or other reliable information, that the recording
does not indicate the consumption of alcohol by the holder. The Commissioner shall
notify the holder in writing after every recording of 0.04 or above that indicates
the consumption of alcohol by the holder and, prior to any extension under this subdivision
(3)(A), the holder shall have the opportunity to be heard pursuant to subdivision
(2) of this subsection (f).
(B) A holder of an ignition interlock RDL or certificate who, prior to eligibility for
reinstatement under section 1209a or 1216 of this title, fails a random retest because the ignition interlock device records a blood alcohol
concentration of 0.04 or above and below 0.08 shall be subject to consecutive three-month
extensions of the applicable reinstatement period for every such recorded event. A
holder who fails a random retest because of a recording of 0.08 or above shall be
subject to consecutive six-month extensions of the applicable reinstatement period
for every such recorded event. The Commissioner shall disregard a recording of 0.04
or above for the purposes of this subdivision (3)(B) if the Commissioner in his or
her discretion finds, based on a pattern of tests or other reliable information, that
the recording does not indicate the consumption of alcohol by the holder. The Commissioner
shall notify the holder in writing after every recording of 0.04 or above that is
indicative of the consumption of alcohol by the holder, and prior to any extension
under this subdivision (3)(B), the holder shall have the opportunity to be heard pursuant
to subdivision (2) of this subsection (f).
(g) The holder of an ignition interlock RDL or certificate shall operate only motor vehicles
equipped with an ignition interlock device, shall not attempt or take any action to
tamper with or otherwise circumvent an ignition interlock device, and, after failing
a random retest, shall pull over and shut off the vehicle’s engine as soon as practicable.
Except as provided in subsection (k) of this section, a person who violates any provision
of this section commits a criminal offense, shall be subject to the sanctions and
procedures provided for in subsections 674(b)–(i) of this title, and, upon conviction,
the applicable period prior to eligibility for reinstatement under section 1209a or 1216 of this title shall be extended by six months.
(h) A person who violates a rule adopted by the Commissioner pursuant to subsection (l) of this section shall, after notice and an opportunity to be heard is provided pursuant
to subdivision (f)(2) of this section, be subject to an extension of the period prior
to eligibility for reinstatement under section 1209a or 1216 of this title in accordance with rules adopted by the Commissioner.
(i) Upon receipt of notice that the holder of an ignition interlock RDL or certificate
has been convicted of an offense under this title that would result in suspension,
revocation, or recall of a license or privilege to operate, the Commissioner shall
suspend, revoke, or recall the individual’s ignition interlock RDL or certificate
for the same period that the license or privilege to operate would have been suspended,
revoked, or recalled. The Commissioner may impose a reinstatement fee in accordance
with section 675 of this title and require, prior to reinstatement, satisfactory proof of installation of an approved
ignition interlock device and of financial responsibility as provided in section 801 of this title.
(j) [Repealed.]
(k) A person shall not knowingly and voluntarily tamper with an ignition interlock device
on behalf of another person or otherwise assist another person to circumvent an ignition
interlock device. A person who violates this subsection shall be assessed a civil
penalty of not more than $500.00.
(l)(1) The Commissioner, in consultation with any persons the Commissioner deems appropriate,
shall adopt rules and may enter into agreements to implement the provisions of this
section. The Commissioner shall not approve a manufacturer of ignition interlock devices
as a provider in this State unless the manufacturer agrees to reduce the cost of installing,
leasing, and deinstalling the device by at least 50 percent for persons who furnish
proof of receipt of 3SquaresVT, LIHEAP, or Reach Up benefits or like benefits in another
state.
(2) The rules shall establish uniform performance standards for ignition interlock devices,
including required levels of accuracy in measuring blood alcohol concentration, efficacy
in distinguishing valid breath samples, the occurrence of random retests while the
vehicle is running, and automatic signaling by the vehicle if the operator fails such
a retest. After an initial random retest to occur within 15 minutes of the vehicle
starting, subsequent random retests shall occur on average not more often than once
every 30 minutes. The Commissioner shall certify devices that meet these standards,
specify any periodic calibration that may be required to ensure accuracy of the devices,
and specify the means and frequency of the retrieval and sharing of data collected
by ignition interlock devices. The rules also shall establish a schedule of extensions
of the period prior to eligibility for reinstatement as authorized under subsection
(h) of this section.
(m)(1) Images and other individually identifiable information in the custody of a public
agency related to the use of an ignition interlock device are exempt from public inspection
and copying under the Public Records Act and shall not be disclosed except:
(A) pursuant to a warrant;
(B) if a law enforcement officer, in good faith, believes that an emergency involving
danger of death or serious bodily injury to any person requires access to the information
without delay; or
(C) in connection with enforcement proceedings under this section or rules adopted pursuant
to this section.
(2) Images or information disclosed in violation of this subsection shall be inadmissible
in any judicial or administrative proceeding. (Added 2009, No. 126 (Adj. Sess.), § 9, eff. May 27, 2010; amended 2011, No. 46, § 23; 2011, No. 46, § 24, eff. June 30, 2011; 2011, No. 90 (Adj. Sess.), § 2; 2015, No. 158 (Adj. Sess.), § 47; 2015, No. 169 (Adj. Sess.), § 10; 2017, No. 71, § 14, eff. Aug. 7, 2017; 2017, No. 83, § 161(4); 2019, No. 131 (Adj. Sess.), § 194; 2023, No. 46, §§ 14, 23, eff. June 5, 2023.)
§ 1213a. Immobilization of vehicle
(a) Immobilization. At the time of sentencing after a second or subsequent conviction under section 1201 of this title, the court may, upon the motion of the State, and in addition to any penalty imposed
by law, order the motor vehicle operated by the defendant at the time of the offense
seized and immobilized by a law enforcement agency designated by the court, as provided
in this section and section 1213c of this title.
(b) Immobilization on owner’s property. A motor vehicle subject to an immobilization order shall be immobilized, whenever
possible, on property owned by the owner of the vehicle or on a parking space legally
available to the owner of the vehicle. An immobilized vehicle is not exempt from enforcement
of liens held by third parties.
(c) Immobilization on State or private property. If the owner of the motor vehicle does not own property or have a parking area on
which the vehicle can be immobilized, the vehicle shall be impounded on property owned
by the State or on private property. All costs of impoundment shall be paid by the
defendant. The period of impoundment shall run as if the vehicle were immobilized.
(d) Expiration of immobilization order. An order of immobilization under this section shall expire in 18 months or when the
defendant obtains a valid operator’s license, whichever comes first.
(e) Release of vehicle. When an immobilization order expires, and when the costs provided for in this section
have been paid in full by the defendant, the vehicle shall be released to its owner.
(f) Costs. All costs of towing and impoundment shall be paid by the defendant before the vehicle
is released to its owner. If the defendant fails to pay the towing and impoundment
costs within 30 days after the immobilization order expires, the State is authorized
to sell the vehicle by public auction pursuant to the procedures in section 1213c
of this subchapter. The proceeds from the sale of the vehicle shall be used first
to offset the costs of towing, impounding, and releasing the vehicle. Any balance
remaining, after any liens on the vehicle have been paid in full, shall be paid to
the owner of the vehicle.
(g) Disbursement of proceeds. Proceeds from the defendant’s payment of the release fee and towing and impoundment
costs shall be disbursed to the law enforcement agencies that incurred the costs.
(h) Tampering. A person who tampers with an immobilization device or mobilizes a vehicle that is
subject to an order of immobilization shall be imprisoned not more than two years
or fined not more than $1,000.00, or both. (Added 1997, No. 117 (Adj. Sess.), § 18; amended 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1213b. Forfeiture of vehicle
At the time of sentencing after a third or subsequent conviction under section 1201 of this title or after a conviction under subdivision 1130(c)(1) of this title, or upon a determination by the Parole Board that a person has violated a condition
of parole requiring that the person not operate a motor vehicle, the court may, upon
motion of the State and in addition to any penalty imposed by law and after notice
and hearing, order the motor vehicle operated by the defendant or parolee at the time
of the offense forfeited and sold as provided in section 1213c of this title. (Added 1997, No. 117 (Adj. Sess.), § 19; amended 2011, No. 56, § 12, eff. May 31, 2011.)
§ 1213c. Immobilization and forfeiture proceedings
(a) Notice. The State shall provide the following persons with notice of an immobilization or
forfeiture hearing:
(1) the defendant;
(2) the registered owner or owners;
(3) any holder of a security interest in or lien on the vehicle; and
(4) any other person appearing to be an innocent owner or operator as described in subsection
(g) of this section.
(b) Content of notice. The notice shall contain the following:
(1) a description of the motor vehicle, including vehicle identification number, make,
model, and year;
(2) the name of the registered owner or owners, lienholder, and any other person appearing
to be an innocent owner or operator as described in subsection (g) of this section;
(3) the date, time, and place of the hearing; and
(4) a statement that any person who is an owner, an innocent owner or operator, or who
holds a security interest in or claims any interest in the motor vehicle may appear
and be heard at the hearing to protect the person’s interest in the motor vehicle.
(c) Service of notice. The notice of hearing shall be served as provided for in the Vermont Rules of Civil
Procedure on the registered owner or owners and any lienholders as shown on the certificate
of title for the vehicle as shown in the records of the department of motor vehicles
in the state in which the vehicle is registered or titled.
(d) Hearing. The court shall hold a hearing to determine whether or not to order the motor vehicle
immobilized or forfeited. The proceeding shall be against the motor vehicle and shall
be deemed civil in nature.
(e) Hardship consideration. In determining the motion, the court may consider any undue hardship that immobilization
or forfeiture would cause to a person, other than the defendant, who is dependent
on the motor vehicle for essential transportation needs. In making such determination,
the court shall consider any evidence of past or current domestic violence.
(f) Order. The court shall make findings of fact and conclusions of law and shall issue a final
order. The court may order the motor vehicle immobilized or forfeited if the court
finds that:
(1) the motor vehicle is subject to immobilization or forfeiture;
(2) the notice as required by this section was served; and
(3) no party has shown that he or she is an innocent owner or operator as described in
subsection (g) of this section.
(g) Rights of innocent owner or operator. The court shall not order the immobilization or forfeiture of a motor vehicle if an
owner, co-owner, or person who regularly operates the motor vehicle, other than the
defendant, shows by a preponderance of the evidence that the owner, co-owner, or regular
operator did not consent to or have any express or implied knowledge that the motor
vehicle was being or was intended to be operated in a manner that would subject the
motor vehicle to immobilization or forfeiture, or that the owner, co-owner, or regular
operator had no reasonable opportunity or capacity to prevent the defendant from operating
the motor vehicle.
(h) Rented or leased vehicles. A vehicle that is rented or leased for a period of less than one year shall not be
subject to immobilization or forfeiture unless it is established in the proceedings
that the owner of the rented or leased vehicle knew of or consented to the operation
of the motor vehicle in a manner that would subject the vehicle to immobilization
or forfeiture.
(i) Lienholder. If the court finds that a person has an enforceable lien on or other interest in the
motor vehicle that is not held through a straw purchase, trust, or otherwise for the
actual benefit of another and that the person did not know of or consent to the operation
of the motor vehicle in a manner that would subject the vehicle to immobilization
or forfeiture, the court shall:
(1) permit the person to enforce the lien or other interest as provided by law if such
enforcement does not result in the return of the motor vehicle to the defendant; or
(2) upon immobilization or forfeiture, order compensation to the person, to the extent
of the person’s interest, from the proceeds of the resulting sale.
(j) Order of forfeiture. If the court orders the motor vehicle forfeited, it shall be delivered into the custody
of the Commissioner of Buildings and General Services, who shall dispose of the motor
vehicle pursuant to 29 V.S.A. § 1556. The proceeds from the sale of the vehicle shall first be used to offset any costs
of selling the vehicle and then, after any liens on the vehicle have been paid in
full, applied to any unpaid restitution owed by the defendant in connection with the
charge that resulted in forfeiture. Any balance remaining shall be deposited into
the General Fund.
(k) Appeal. A decision of the court under this section may be appealed as a matter of right to
the Supreme Court.
(l) Disbursement of proceeds. Proceeds from the defendant’s payment of the release fee and towing and impoundment
costs shall be disbursed to the law enforcement agencies that incurred the costs.
(m) Owning, leasing, and renting prohibited. After issuance of an immobilization or forfeiture order, and during the defendant’s
license suspension or revocation period, the defendant shall not operate, purchase,
lease, or rent a motor vehicle. A person who violates this subsection shall be imprisoned
not more than two years or fined not more than $1,000.00, or both.
(n) Selling or encumbering prohibited.
(1) Except as provided in subdivision (2) of this subsection, after a person is detained,
arrested, lodged, or released upon citation for a second or subsequent violation of
section 1201 of this title, no person shall sell, transfer, or encumber the title to a vehicle that the person
knows may be subject to immobilization under section 1213a of this title or forfeiture under section 1213b of this title, unless approved by the court in which the charge is filed for good cause shown.
A person who violates this section shall be imprisoned not more than two years or
fined not more than $1,000.00, or both.
(2) If the State has not commenced a prosecution for a second or subsequent violation
of section 1201 of this title within 90 days after the detention, arrest, lodging, or release upon citation, the
person may sell, transfer, or encumber the subject vehicle.
(o) Funding. A law enforcement or prosecution agency conducting forfeitures under this section
may accept, receive, and disburse in furtherance of its duties and functions under
this section any appropriations, grants, and donations made available by the State
of Vermont and its agencies, the federal government and its agencies, any municipality
or other unit of local government, or private or civil sources. (Added 1997, No. 117 (Adj. Sess.), § 20; amended 2001, No. 146 (Adj. Sess.), § 4; 2003, No. 41, § 1; 2007, No. 40, § 7; 2009, No. 154 (Adj. Sess.), § 161; 2015, No. 53, § 8; 2019, No. 131 (Adj. Sess.), §§ 195, 196; 2023, No. 85 (Adj. Sess.), § 289, eff. July 1, 2024.)
§ 1214. Repealed. 1991, No. 55, § 20.
§ 1215. Injunctive relief
If the Commissioner has not reinstated a license after the suspension or revocation
period has run under this subchapter, and the person alleges he or she has complied
with section 1209a of this title or alleges that the alcohol assessment screening does not indicate that therapy should
be a condition of reinstatement, he or she may seek injunctive relief in the Criminal
Division of the Superior Court in the manner provided by the Vermont Rules of Civil
Procedure. In such actions, the Driver Rehabilitation Program Director shall be the
proper defendant. (Added 1989, No. 68, § 10, Dec. 1, 1989; amended 1995, No. 112 (Adj. Sess.), § 13, eff. April 22, 1996; 2009, No. 154 (Adj. Sess.), § 238.)
§ 1216. Repealed. 2025, No. 45, § 4(d), eff. July 1, 2025.
(Added 1991, No. 55, § 17; amended 1997, No. 57, § 1, eff. Sept. 1, 1997; 1997, No. 121 (Adj. Sess.), §§ 9, 27; 2009, No. 126 (Adj. Sess.), § 10, eff. July 1, 2011; 2011, No. 46, § 9, eff. July 2, 2011; 2011, No. 56, § 18, eff. March 1, 2012; 2011, No. 90 (Adj. Sess.), § 6; 2013, No. 57, § 20; 2015, No. 158 (Adj. Sess.), § 52; 2021, No. 115 (Adj. Sess.), § 5, eff. July 1, 2022; repealed by 2025, No. 45, § 4, eff. July 1, 2025.)
§ 1217. [Reserved for future use.]
§ 1218. Commercial motor vehicles; 0.04
(a) A person shall not operate, attempt to operate, or be in actual physical control of
a commercial motor vehicle:
(1) when the person’s alcohol concentration is 0.04 or more; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence
of alcohol and any other drug to a degree that renders the person incapable of driving
safely.
(b) A violation of this section shall result in disqualification from driving a commercial
motor vehicle as provided in section 4116 of this title or in suspension of the privilege to operate a commercial motor vehicle as provided
in section 4116a of this title. Those provisions of section 1205 of this title that establish a procedure for civil suspensions shall apply to this section, except
that where that section refers to alcohol concentration it shall be deemed to refer
to an alcohol concentration of 0.04. (Added 1991, No. 88, § 13, eff. April 1, 1992; amended 1999, No. 160 (Adj. Sess.), § 25; 2017, No. 83, § 161(4).)
§ 1219. Commercial motor vehicle; detectable amount; out-of-service
A person who is operating, attempting to operate, or in actual physical control of
a commercial motor vehicle with any measurable or detectable amount of alcohol in
his or her system shall immediately be placed out-of-service for 24 hours by an enforcement
officer. A law enforcement officer who has reasonable grounds to believe that a person
has a measurable or detectable amount of alcohol in his or her system on the basis
of the person’s general appearance, conduct, or other substantiating evidence may
request the person to submit to a test, which may be administered with a preliminary
screening device. The law enforcement officer shall inform the person at the time
the test is requested that refusal to submit will result in disqualification. If
the person refuses to submit to the test, the person shall immediately be placed out-of-service
for 24 hours and shall be disqualified from driving a commercial motor vehicle as
provided in section 4116 of this title. (Added 1991, No. 88, § 14.)
§ 1220. Repealed. 2021, No. 76, § 33, effective July 1, 2021.
§ 1220a. DUI Enforcement Special Fund
(a) There is created a DUI Enforcement Special Fund, which shall be a special fund established
and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The DUI Enforcement Special Fund shall be a continuation of and successor
to the DUI Enforcement Special Fund established under subsection 1205(r) of this title.
(b) The DUI Enforcement Special Fund shall consist of:
(1) receipts from the surcharges assessed under section 206 and subsections 674(i), 1091(d), 1094(f), 1128(d), 1133(d), 1205(r), and 1210(k) of this title;
(2) beginning in fiscal year 2000 and thereafter, the first $150,000.00 of revenues collected
from fines imposed under this subchapter pertaining to DUI related offenses;
(3) beginning May 1, 2013 and thereafter, $0.0038 per gallon of the revenues raised by
the motor fuel tax on gasoline imposed by chapter 28 of this title, except for the
revenues raised by the tax on aviation gasoline; and
(4) any additional funds transferred or appropriated by the General Assembly.
(c) The DUI Enforcement Special Fund shall be used for the implementation and enforcement
of this subchapter for purposes specified and in amounts appropriated by the General
Assembly. Effort shall be given to awarding grants to municipalities or law enforcement
agencies for innovative programs designed to reduce DUI offenses, and priority shall
be given to grants requested jointly by more than one law enforcement agency or municipality. (Added 1997, No. 117 (Adj. Sess.), § 41; amended 1999, No. 152 (Adj. Sess.), § 77, eff. May 29, 2000; 2011, No. 56, § 6, eff. May 31, 2011; 2013, No. 12, § 25, eff. May 1, 2013; 2017, No. 158 (Adj. Sess.), § 34, eff. Jan. 1, 2019.)
§ 1220b. Blood and Breath Alcohol Testing Special Fund
(a) There is created a Blood and Breath Alcohol Testing Special Fund, which shall be a
special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5.
(b) The Blood and Breath Alcohol Testing Special Fund shall consist of receipts from the
surcharges assessed under subsection 1210(i) of this title.
(c) The Blood and Breath Alcohol Testing Special Fund shall be used for the implementation
and support of the Blood and Breath Alcohol Testing Program within the Department
of Public Safety. (Added 2011, No. 56, § 19, eff. March 1, 2012.)
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Subchapter 014: EQUIPMENT
§ 1221. Condition of vehicle
A motor vehicle, operated on any highway, shall be in good mechanical condition and
shall be properly equipped.
§ 1221a. Defective equipment warning
The operator of a motor vehicle who receives a ticket for inoperative lights shall
not be required to pay the civil penalty associated with the ticket provided that
within 72 hours after receiving the ticket the issuing department receives proof that
the defect has been repaired. (Added 1997, No. 144 (Adj. Sess.), § 15, eff. April 27, 1998; amended 1999, No. 34, § 2; 2019, No. 131 (Adj. Sess.), § 198.)
§ 1222. Inspection of registered vehicles
(a) Except for school buses, which shall be inspected as prescribed in section 1282 of this title, and motor buses as defined in subdivision 4(17) of this title, which shall be inspected twice during the calendar year at six-month intervals,
all motor vehicles registered in this State shall undergo a safety and visual emissions
inspection once each year and all motor vehicles that are registered in this State
and are 16 model years old or less shall undergo an emissions or on board diagnostic
(OBD) systems inspection once each year as applicable. Any motor vehicle, trailer,
or semi-trailer not currently inspected in this State shall be inspected within 15
days following the date of its registration in the State of Vermont.
(b)(1) The inspections shall be made at garages or qualified service stations, designated
by the Commissioner as inspection stations, for the purpose of determining whether
those motor vehicles are properly equipped and maintained in good mechanical condition;
provided, however, the scope of the safety inspection of a motor vehicle other than
a school bus or a commercial motor vehicle shall be limited to parts or systems that
are relevant to the vehicle’s safe operation, and such vehicles shall not fail the
safety portion of the inspection unless the condition of the part or system poses
or may pose a danger to the operator or to other highway users.
(2) The charges for such inspections made by garages or qualified service stations designated
to conduct periodic inspections shall be subject to the approval of the Commissioner.
If a fee is charged for inspection, it shall be based upon the hourly rate charged
by each official inspection station or it may be a flat rate fee, and, in either instance,
the fee shall be prominently posted and displayed beside the official inspection station
certificate. In addition, the official inspection station may disclose the State inspection
certificate charge on the repair order as a separate item and collect the charge from
the consumer.
(c) A person shall not operate a motor vehicle unless it has been inspected as required
by this section and has a valid certification of inspection affixed to it. A person
shall be subject to a civil penalty of not more than $5.00, which penalty shall be
exempt from surcharges under 13 V.S.A. § 7282(a), if he or she is cited for a violation of this section within the 14 days following
expiration of the motor vehicle inspection sticker. The month of next inspection for
all motor vehicles shall be shown on the current inspection certificate affixed to
the vehicle.
(d) Notwithstanding the provisions of subsection (a) of this section, an exhibition vehicle
of model year 1940 or before registered as prescribed in section 373 of this title or a trailer registered as prescribed in subdivision 371(a)(1)(A) of this title shall be exempt from inspection; provided, however, the vehicle must be equipped
as originally manufactured, must be in good mechanical condition, and must meet the
applicable standards of the inspection manual.
(e) A vehicle used as a mail carrier under a contract with the U.S. Postal Service shall
not fail inspection solely because, in converting the vehicle to be a right-hand drive
vehicle, the right air bag in the front compartment has been disconnected or a nonfactory
disconnect switch has been installed to disable the air bag. (Amended 1967, No. 67; 1967, No. 104, § 1; 1969, No. 143, § 3; 1969, No. 299 (Adj. Sess.), § 1, eff. Jan. 1, 1971; 1977, No. 20, § 6; 1993, No. 64, § 3; 1997, No. 32, § 3; 2003, No. 118 (Adj. Sess.), § 1; 2005, No. 80, § 55; 2009, No. 152 (Adj. Sess.), § 15; 2011, No. 62, § 38; 2017, No. 71, § 27, eff. June 8, 2017; 2017, No. 158 (Adj. Sess.), § 41, eff. May 21, 2018; 2017, No. 206 (Adj. Sess.), § 22, eff. May 30, 2018; 2019, No. 59, § 44, eff. June 14, 2019; 2019, No. 60, § 33.)
§ 1222a. Emissions of diesel-powered commercial vehicles
(a) Except for voluntary exhaust-smoke emission testing, a vehicle may be stopped and
an inspection performed under this section only if a law enforcement officer observes
an apparent violation of the exhaust-smoke emission standard. If the equipment for
smoke testing is not available, a law enforcement officer may require the operator
or the owner to submit the vehicle for an emission test at a reasonably convenient
time and place. Failure to submit to the test shall be conclusive evidence of the
vehicle’s noncompliance with the exhaust-smoke emission standard. Any test administered
under this section and any notice of violation issued shall be done by a sworn law
enforcement officer trained and certified by the Department of Motor Vehicles. For
purposes of this section:
(1) “Commercial motor vehicle” is defined under subdivision 4103(4) of this title.
(2) “Law enforcement officer” means an officer of the Department of Motor Vehicles trained
and certified by the Department of Motor Vehicles to conduct exhaust-smoke emission
inspections.
(b) No diesel-powered commercial motor vehicle shall be operated on the highways of this
State unless the vehicle complies with the exhaust-smoke emission standard and the
rules adopted by the Commissioner of Motor Vehicles. Any person who owns or operates
such a vehicle while it is operated in violation of the provisions of this section
or the rules adopted by the Commissioner shall be fined:
(1) $200.00 for a first violation per vehicle, except that a person shall not be fined
if, within 45 days from the date of the emission inspection, the defect is repaired
and notification of the repair is provided to the Department of Motor Vehicles or
the vehicle is taken out of service;
(2) $200.00 for a second violation by the same vehicle within a two-year period if the
first violation was repaired within 45 days from the date of the emission inspection,
except that a person shall not be fined if the second violation occurs within 60 days
from the date of repair of the first violation. For purposes of this subdivision,
the “date of repair” shall be the date indicated in the notification of repair submitted
to the Department of Motor Vehicles under subdivision (b)(1) of this subsection;
(3) $400.00 for a second violation by the same vehicle within a two-year period if the
first violation was not repaired within 45 days from the date of the emission inspection;
(4) $400.00 for a third or subsequent violation committed by the same vehicle within a
two-year period if the first violation was repaired within 45 days from the date of
the emission inspection; and
(5) $800.00 for a third or subsequent violation committed by the same vehicle within a
two-year period if the first violation was not repaired within 45 days from the date
of the emission inspection.
(c) The Commissioner shall establish by rule a process by which the owner of a vehicle
that has been taken out of service under this section and that is currently in violation
of the exhaust-smoke emission standard shall, prior to sale or transfer of the vehicle,
notify the purchaser or transferee that the vehicle does not comply with the exhaust-smoke
emission standard.
(d) All fines generated from the violation of this section shall be deposited in the Transportation
Fund. (Added 2005, No. 195 (Adj. Sess.), § 2, eff. July 1, 2007.)
§ 1223. Prohibitions
A person shall not affix or cause to be affixed to a motor vehicle, trailer, or semi-trailer
a certification of inspection that was not assigned by an official inspection station
to such motor vehicle, trailer, or semi-trailer. No person shall reaffix or cause
to be reaffixed an official sticker once removed; instead, replacement stickers shall
be affixed as prescribed by the rules for replacement sticker agents. A person shall
not knowingly operate a motor vehicle, trailer, or semi-trailer to which a certification
of inspection is affixed if the certification of inspection was not assigned by an
official station to that vehicle, trailer, or semi-trailer. (Added 1967, No. 104, § 2; amended 1969, No. 143, § 4; 2011, No. 46, § 10.)
§ 1224. Inspection certificates
For each inspection certificate issued by the Department, the designated station shall
pay the Commissioner the fee required under section 1230 of this title. All unused inspection certificates and number tabs shall be returned to the Department
within two months of the certificate’s expiration date. A designated inspection station
shall receive a refund for each unused certificate returned during the two-month period.
If the station’s designation is revoked or suspended under section 1228 of this title, the station shall return all unused certificates to the Department and shall not
receive a refund. (Added 1997, No. 155 (Adj. Sess.), § 66i, eff. Sept. 1, 1998.)
§ 1225. Penalty
The Commissioner may suspend the registration of any motor vehicle, trailer, or semi-trailer
until the owner thereof complies with the requirements of this article. (Added 1969, No. 143, § 5; amended 1971, No. 228 (Adj. Sess.), § 19.)
§ 1226. Reciprocity
The Commissioner may authorize the acceptance in this State of a certificate of inspection
and approval issued in another state or province having inspection requirements similar
to the requirements in effect in this State. He or she may extend the time within
which a certification of inspection shall be obtained in this State by the owner of
a motor vehicle registered in this State and so inspected that was not in this State
during the time an inspection was required. (Added 1969, No. 299 (Adj. Sess.), § 2, eff. Jan. 1, 1971.)
§ 1227. Certified inspection mechanics
(a) Periodic inspections may be performed only by mechanics who have been certified by
the Commissioner, provided that an uncertified person employed as an inspection mechanic
may perform inspections during the first 30 days that he or she is employed by the
inspection station.
(b)(1) A person who applies for certification under this section shall:
(A) complete an application form prescribed by the Commissioner;
(B) be at least 18 years of age; and
(C) except as otherwise provided pursuant to subdivision (2) of this subsection (b), pass
an examination based on the official inspection manual for each type of vehicle to
be inspected and on the inspection requirements for each type of vehicle to be inspected.
(2) A service member or veteran shall not be required to pass an examination pursuant
to subdivision (1)(C) of this subsection if he or she has been designated by the U.S.
Armed Forces as a 91B Wheeled Vehicle Mechanic or equivalent and has one or more of
the following national certifications:
(A) ASE Diesel Mechanic;
(B) ASE Light Truck Engine Repair;
(C) ASE Automobile Service Consultant;
(D) Certified Hazardous Material Manager; or
(E) Associate Safety Professional.
(c) Upon an applicant’s satisfaction of the requirements of subsection (b) of this section,
the Commissioner shall issue a certification that shall remain in effect for a period
of five years or until surrendered, suspended, or revoked. Inspection mechanics certified
by their employer as competent to perform inspections and who were continuously employed
by one or more designated inspection stations for a period of at least one year at
any time prior to July 1, 1998 shall not be required to take the examination.
(d) To inspect a school bus, a certified inspection mechanic shall not be required to
have a commercial driver’s license if the mechanic:
(1) uses approved automated brake testing equipment in lieu of an inspection road test;
or
(2) only operates the school bus at a safe location that is not a highway as defined in
19 V.S.A. § 1(12) as necessary to conduct an inspection road test.
(e) As used in this section:
(1) “Service member” means an individual who is an active member of:
(A) the U.S. Armed Forces;
(B) a reserve component of the U.S. Armed Forces;
(C) the U.S. Coast Guard; or
(D) the National Guard of any state.
(2) “Veteran” means a former service member who received an honorable discharge or a general
discharge under honorable conditions from active duty not more than two years prior
to submitting an application for certification under this section. (Added 1997, No. 155 (Adj. Sess.), § 66j, eff. Jan. 1, 1999; amended 2005, No. 188 (Adj. Sess.), § 5; 2013, No. 189 (Adj. Sess.), § 38; 2017, No. 119 (Adj. Sess.), § 6; 2023, No. 85 (Adj. Sess.), § 290, eff. July 1, 2024.)
§ 1228. Mechanic certification; inspection designation; revocation
Any certification for mechanic or designation as an inspection station may be revoked
or suspended for cause as described in the official inspection manuals. (Added 1997, No. 155 (Adj. Sess.), § 66k.)
§ 1229. Rules
(a) The Commissioner may adopt rules necessary to implement the provisions of sections 1222, 1224, 1227, and 1228 of this title, relating to inspections and certification of inspection mechanics.
(b) In consultation with the Secretary of Natural Resources or the Secretary’s designee,
the Commissioner shall adopt rules, pursuant to the provisions in 3 V.S.A. chapter 25, to establish a standard of exhaust-smoke emission for all diesel-powered commercial
motor vehicles operated on the highways of this State. In establishing this standard,
the Commissioner shall review standards in effect in other states and shall endeavor
to maintain consistency with those standards. The rules adopted shall recognize different
types and ages of vehicles and comprise standards that shall, at least in part, be
based on the age of the vehicle. The standards shall be reviewed by the Commissioner
periodically and may be revised in consultation with the Secretary of Natural Resources
or the Secretary’s designee, as the Commissioner deems appropriate. Additionally,
the Commissioner, in consultation with the Secretary of Natural Resources or the Secretary’s
designee, shall adopt rules that select a method or methods for testing the exhaust
emissions of diesel-powered commercial motor vehicles and that implement section 1222a of this title. The method selected shall be one that is designed to be performed without unreasonable
delay for the vehicle being tested. The rules shall include a process by which the
owner of a commercial motor vehicle may arrange with the Department of Motor Vehicles
for the voluntary exhaust-smoke emission testing of a vehicle. For the purposes of
this section, “commercial motor vehicle” is defined under subdivision 4103(4) of this title. (Added 1997, No. 155 (Adj. Sess.), § 66l; amended 2005, No. 195 (Adj. Sess.), § 1, eff. May 26, 2006.)
§ 1230. Charge
For each inspection certificate issued by the Department of Motor Vehicles, the Commissioner
shall be paid $8.00, provided that State and municipal inspection stations that inspect
only State or municipally owned and registered vehicles shall not be required to pay
a fee. All vehicle inspection certificate charge revenue shall be allocated to the
Transportation Fund with one-half reserved for bridge maintenance activities. (Added 1997, No. 155 (Adj. Sess.), § 66m, eff. Sept. 1, 1998; amended 2005, No. 80, § 54; 2009, No. 50, § 50; 2009, No. 123 (Adj. Sess.), § 25; 2011, No. 128 (Adj. Sess.), § 20; 2015, No. 159 (Adj. Sess.), § 41; 2023, No. 78, § G.134, eff. January 1, 2024.)
§ 1231. Administrative penalties
(a) The Commissioner may impose an administrative penalty of not more than $500.00 for
each violation against a designated inspection station or a certified inspection mechanic
who violates the laws relating to the performance of periodic motor vehicle inspections
or the official inspection manuals within the prior three years.
(b) Each violation is a separate and distinct offense and, in the case of a continuing
violation, each day’s continuance may be deemed a separate and distinct offense. In
no event shall the maximum amount imposed for a continuing offense exceed $1,000.00.
(c) The Commissioner shall adopt rules establishing categories of violations for which
administrative penalties are to be imposed under this section. Categories shall be
based on the severity of the violation involved. Penalties assessed for each determination
of violation of the inspection rules shall not exceed the following amounts per category:
(1) Violation of State law relative to inspection (Category 1)—$500.00.
(2) Violation of a Category 2 inspection rule—$300.00.
(3) Violation of a Category 3 inspection rule—$250.00.
(4) Violation of a Category 4 inspection rule—$100.00.
(5) Violation of a Category 5 inspection rule—$50.00.
(d) The alleged violator shall be given notice and opportunity for a hearing. Service
of the notice shall be sufficient if sent by first-class mail to the station’s address
or the most recent address provided by the mechanic. The notice shall include the
following:
(1) a factual description of the alleged violation;
(2) a reference to the particular statute allegedly violated;
(3) the amount of the proposed administrative penalty; and
(4) a warning that the person will be deemed to have waived the person’s right to a hearing,
that the penalty will be imposed if no hearing is requested within 15 days from date
of notice, and that failure to pay a penalty may result in suspension of the person’s
license.
(e) A person who receives notice under subsection (d) of this section shall be deemed
to have waived the right to a hearing unless, within 15 days from date of the notice,
the person requests a hearing in writing. If the person waives the right to a hearing,
the Commissioner shall issue a final order finding the person in default and imposing
the penalty.
(f) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.
(g) The Commissioner may collect an unpaid administrative penalty by filing a civil action
in Superior Court or through any other means available to State agencies.
(h) If a penalty is not paid within 60 days after it is imposed, the Commissioner may
suspend any license, certificate, registration, or permit issued under this subchapter.
(i) The remedies authorized by this section shall be in addition to any other civil or
criminal remedies provided by law for violation of this subchapter.
(j) Penalties assessed under this section shall be deposited in the Transportation Fund. (Added 1997, No. 155 (Adj. Sess.), § 66n, eff. Jan. 1, 1999; amended 2019, No. 60, § 11; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1241. Locking device
A motor vehicle shall be provided with a lock, key, or other device to prevent such
motor vehicle from being set in motion by its own motive power.
§ 1242. Safety glass
(a) A person shall not operate on a highway in this State a motor vehicle registered in
Vermont, manufactured or assembled after January 1, 1936, unless such vehicle is equipped
with safety glass, wherever glass is used in doors, windows, and windshields. The
Commissioner of Motor Vehicles shall suspend the registration of any motor vehicle
found to be operating in violation of this section until the provisions hereof are
satisfactorily complied with.
(b) This section does not apply to trailer coaches. (Amended 1969, No. 31, § 1.)
§ 1243. Lights
(a) A motor vehicle, except a motorcycle and motor-driven cycle, in use or at rest on
a highway, unless otherwise provided, during the period from 30 minutes after sunset
to 30 minutes before sunrise, shall also be equipped with at least two lighted head
lamps of substantially the same intensity and with reflectors and lenses of a design
approved by the Commissioner of Motor Vehicles and with a lighted tail or rear lamp
of a design so approved. A motorcycle or motor-driven cycle may be operated during
the period mentioned if equipped with at least one lighted head lamp and at least
one lighted tail or rear lamp, both of a design approved by the Commissioner of Motor
Vehicles. A sidecar attached to such motorcycle or motor-driven cycle shall be equipped
with a light on the right side of such sidecar visible from the front thereof. A person
shall not operate a motor vehicle during the period mentioned unless it is equipped
as defined in this section.
(b) Every vehicle upon a highway within this State, at any time from 30 minutes after
sunset to 30 minutes before sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons or vehicles on the highway are
not clearly discernible at a distance of 500 feet ahead, shall display lighted lamps
and illuminating devices as respectively required for different classes of vehicles,
subject to exceptions with respect to parked vehicles.
(c) Local ordinances adopted by the legislative bodies of municipalities govern within
their respective municipalities with relation to the use of lights at night on motor
vehicles at rest or in motion on well-lighted streets. Stop lights, turn signals,
and other signaling devices shall be lighted as prescribed for their use. (Amended 1971, No. 258 (Adj. Sess.), § 7, eff. March 1, 1973; 1977, No. 20, § 7; 2009, No. 152 (Adj. Sess.), § 19j, eff. Sept. 1, 2010; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1244. Illumination required
The light from the front lamps of a motor vehicle other than a motorcycle, while such
vehicle is in motion, shall render any substantial object on the ground clearly visible
at least 150 feet ahead of such vehicle and, while such vehicle is at rest, shall
be visible for at least 200 feet in the direction in which such vehicle is headed.
§ 1245. Illumination required on motorcycles
The light from the front lamp of a motorcycle shall render any substantial object
on the ground clearly visible at least 100 feet ahead of such motorcycle.
§ 1246. Restrictions
An individual shall not operate a motor vehicle on the highway during the period stated
in section 1243 of this subchapter if the motor vehicle utilizes any lighting device
of over four candle power equipped with a reflector, unless the device, the lens used
within the device, and the candle power is approved by the Commissioner nor unless
the device shall produce a beam of reflected light that, when measured 75 feet or
more ahead of the lamps, shall not rise more than six inches above the height of the
bulb in the lamp and in no event more than 42 inches from the level surface on which
the vehicle stands under all conditions of load. When vehicles are approaching each
other from opposite directions, spotlights shall not be used except when projecting
their rays directly on the ground and at a distance not exceeding 30 feet in front
of the vehicle. (Amended 2023, No. 85 (Adj. Sess.), § 291, eff. July 1, 2024.)
§ 1247. Approval of lighting devices
The manufacturer or distributor of each device or lens designed to control lights
on motor vehicles shall apply to the Commissioner for his or her approval of the use
of such device or lens in this State. The Commissioner shall make or cause to be
made such laboratory and road tests of each device or lens submitted as he or she
deems necessary, or he or she may adopt the approval or disapproval of such device
or lens by the American Association of Motor Vehicle Administrators. (Amended 1981, No. 135 (Adj. Sess.).)
§ 1248. Taillights
(a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle
that is being drawn at the end of a combination of vehicles, shall be equipped with
at least two taillamps mounted on the rear, except that one taillamp shall be allowed
on any vehicle equipped with only one when it was manufactured.
(b) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate
with a white light all parts of the rear registration number plate on the vehicle
so that all the numerals, letters, and marks on the plate are clearly visible and
legible for at least 50 feet from the rear of the vehicle. (Amended 2001, No. 75 (Adj. Sess.), § 8.)
§ 1249. Directional signal lamps
A person shall not operate on a highway in this State a pleasure car, pleasure car
with trailer coach attached, motor truck, truck-tractor in combination with a trailer
or semi-trailer, motor bus, or school bus registered in Vermont, manufactured or assembled
after January 1, 1955, unless such vehicle is equipped with directional signal lamps,
of a type approved by the Commissioner, on front and rear of such vehicle or combination. (Amended 1971, No. 228 (Adj. Sess.), § 32.)
§ 1250. Clearance lamps
(a) Every motor vehicle, except as provided in subsection (b) of this section, having
a width at any part in excess of 80 inches, when in use or at rest on a highway, during
the period from 30 minutes after sunset to 30 minutes before sunrise, shall display
on the left side of the vehicle at least one lamp, to be known as a clearance lamp,
displaying an amber light visible under normal atmospheric conditions 500 feet ahead
of the vehicle and displaying a red light visible, under like conditions, 500 feet
to the rear of the vehicle, to mark as closely as possible the extreme height and
width of the vehicle.
(b) All motor vehicles of the pleasure car type having a width at any part in excess of
82 inches shall be subject to the provisions of subsection (a) of this section. (Amended 1991, No. 165 (Adj. Sess.), § 4.)
§ 1251. Sirens and emergency warning lamps; out-of-state emergency and rescue vehicles
(a) Prohibition. A motor vehicle shall not be operated upon a highway of this State equipped with
any of the following:
(1) a siren unless either a permit authorizing the siren, issued by the Commissioner of
Motor Vehicles, is carried in the vehicle or a permit is not required pursuant to
section 1252 of this subchapter;
(2) an emergency warning lamp unless either a permit authorizing the emergency warning
lamp, issued by the Commissioner, is carried in the vehicle or a permit is not required
pursuant to section 1252 of this subchapter;
(3) a blue light of any kind unless either a permit authorizing the blue light, issued
by the Commissioner, is carried in the vehicle or a permit is not required pursuant
to section 1252 of this subchapter; or
(4) a lamp or lamps that are not emergency warning lamps and provide a flashing light
in a color other than amber, except that this prohibition shall not apply to a motorcycle
headlamp modulation system that meets the criteria specified in Federal Motor Vehicle
Safety Standard 108, codified at 49 C.F.R. § 571.108.
(b) Permit transfer. A permit may be transferred following the same procedure and subject to the same
time limits as set forth in section 321 of this title. The Commissioner may adopt additional rules as may be required to govern the acquisition
of permits and the use pertaining to sirens and emergency warning lamps.
(c) Exception for vehicles from another state. Notwithstanding the provisions of subsection (a) of this section, when responding
to emergencies, law enforcement vehicles, ambulances, fire vehicles, or vehicles owned
or leased by, or provided to, volunteer firefighters or rescue squad members that
are registered or licensed by another state or province may use sirens and emergency
warning lamps in Vermont, and a permit shall not be required for such use, provided
the vehicle is properly permitted or otherwise permitted to use the sirens and emergency
warning lamps without permit in its home state or province. (Amended 1967, No. 265 (Adj. Sess.), § 1; 1985, No. 85, § 6; 2001, No. 106 (Adj. Sess.), § 1; 2009, No. 123 (Adj. Sess.), § 39; 2009, No. 152 (Adj. Sess.), § 19, eff. June 1, 2010; 2023, No. 165 (Adj. Sess.), § 18, eff. July 1, 2024.)
§ 1252. Law enforcement and emergency services vehicles; issuance of permits for sirens or
emergency warning lamps, or both; use of amber lamps
(a) Law enforcement vehicles.
(1) Law enforcement vehicles owned and operated by the government. The following are authorized
for use, without permit, on all law enforcement vehicles owned or leased by the federal
government, a municipality, a county, the State, or the Vermont Criminal Justice Council:
(A) Sirens, blue emergency warning lamps, or blue and white emergency warning lamps, or
a combination thereof.
(B) A red emergency warning lamp or a red and amber emergency warning lamp provided that
the emergency warning lamp is mounted so as to be visible primarily from the rear
of the vehicle.
(2) Law enforcement vehicles owned or leased by a certified law enforcement officer.
(A) When satisfied as to the condition and use of the vehicle, the Commissioner shall
issue and may revoke, for cause, permits for sirens and emergency warning lamps in
the following manner:
(i) sirens, blue emergency warning lamps, or blue and white emergency warning lamps, or
a combination thereof; and
(ii) a red emergency warning lamp or a red and amber emergency warning lamp, provided that
the emergency warning lamp is mounted so as to be visible primarily from the rear
of the vehicle.
(B) No motor vehicle, other than one owned by the applicant, shall be issued a permit
until the Commissioner has recorded the information regarding both the owner of the
vehicle and the applicant for the permit.
(3) Law enforcement vehicles owned or leased by a certified constable.
(A) The following are authorized for use, without permit, on all law enforcement vehicles
owned or leased by a Vermont Criminal Justice Council certified constable for a municipality
that has not voted to limit the constable’s authority to engage in enforcement activities
under 24 V.S.A. § 1936a: a red emergency warning lamp or a red and amber emergency warning lamp, provided
that the emergency warning lamp is mounted so as to be visible primarily from the
rear of the vehicle.
(B) A constable for a municipality that has voted to limit the constable’s authority to
engage in enforcement activities under 24 V.S.A. § 1936a shall not operate, in the course of the constable’s elected duties, a motor vehicle
with a siren or an emergency warning lamp.
(b) Emergency services vehicles.
(1) Emergency services vehicles owned and operated by the government. The following are
authorized for use, without permit, on all emergency services vehicles owned or leased
by the federal government, a municipality, or the State:
(A) sirens and red emergency warning lamps or red and white emergency warning lamps; and
(B) a blue emergency warning lamp or a blue and amber emergency warning lamp provided
that the emergency warning lamp is mounted so as to be visible primarily from the
rear of the vehicle.
(2) Emergency services vehicles not owned and operated by the government.
(A) When satisfied as to the condition and use of the vehicle, the Commissioner shall
issue and may revoke, for cause, permits for sirens and emergency warning lamps in
the following manner:
(i) Sirens and red emergency warning lamps or red and white emergency warning lamps may
be authorized for all ambulances and other emergency medical service (EMS) vehicles,
vehicles owned or leased by a fire department, vehicles used solely in rescue operations,
or vehicles owned or leased by, or provided to, volunteer firefighters and voluntary
rescue squad members, including a vehicle owned by a volunteer’s employer when the
volunteer has the written authorization of the employer to use the vehicle for emergency
fire or rescue activities.
(ii) A blue emergency warning lamp or a blue and amber emergency warning lamp may be authorized
for all EMS vehicles or vehicles owned or leased by a fire department, provided that
the Commissioner shall require the emergency warning lamp be mounted so as to be visible
primarily from the rear of the vehicle.
(B) No motor vehicle, other than one owned by the applicant, shall be issued a permit
until the Commissioner has recorded the information regarding both the owner of the
vehicle and the applicant for the permit.
(C) Upon application to the Commissioner, the Commissioner may issue a single permit for
all the vehicles owned or leased by the applicant.
(c) Restored vehicles. Restored vehicles. A combination of one or more of red signal lamps, red and white
signal lamps blue signal lamps, or blue and white signal lamps may be authorized for
restored emergency or enforcement vehicles used for exhibition purposes. Sirens and
lamps authorized under this subsection may only be activated during an exhibition,
such as a car show or parade.
(d) Amber signal lamps. Amber signal lamps shall be used on road maintenance vehicles, service vehicles,
and wreckers and shall be used on all registered snow removal equipment when in use
removing snow on public highways, and the amber lamps shall be mounted so as to be
visible from all sides of the motor vehicle. (Amended 1967, No. 265 (Adj. Sess.), § 2; 1969, No. 259 (Adj. Sess.), § 11; 1985, No. 85, § 7; 1987, No. 5, § 1; 1987, No. 241 (Adj. Sess.), § 5; 1991, No. 128 (Adj. Sess.), § 1 eff. April 10, 1992; 1995, No. 88 (Adj. Sess.), § 1; 2001, No. 106 (Adj. Sess.), § 2; 2013, No. 57, § 21; 2021, No. 76, § 34; 2023, No. 165 (Adj. Sess.), § 19, eff. July 1, 2024.)
§ 1253. Inspection of permits
Permits issued by the Commissioner in accordance with the provisions of sections 1251 and 1252 of this title shall be carried in some easily accessible place in the vehicles authorized to use
the equipment and shall be available for inspection at any or all times by any law
enforcement officer, or during the inspection by the authorized personnel of an official
inspection station designated as such by the Department of Motor Vehicles, as provided
by section 1222 of this title. No inspection sticker may be issued for a vehicle equipped with a siren or colored
signal lamp, or both, unless a current or valid permit for the siren or colored signal
lamp, or both, is produced for inspection. If a vehicle’s permit is issued pursuant
to subdivision 1252(a)(5) of this title, a copy of the permit is acceptable. (Amended 1967, No. 265 (Adj. Sess.), § 3; 2001, No. 106 (Adj. Sess.), § 3.)
§ 1254. Emergency warning lamp; definition
As used in sections 1251–1255 of this subchapter, “emergency warning lamp”:
(1) means a lamp or lamps that provide a flashing light to identify an authorized vehicle
on an emergency mission that may be a rotating beacon or pairs of alternately or simultaneously
flashing lamps; and
(2) does not include a lamp or lamps that provide an exclusively amber flashing light. (Added 2023, No. 165 (Adj. Sess.), § 20, eff. July 1, 2024.)
§ 1255. Exceptions
(a) The provisions of section 1251 of this title shall not apply to directional signal lamps of a type approved by the Commissioner.
(b) All persons with motor vehicles equipped as provided in subsections 1252(a) and (b)
of this subchapter shall use the sirens or emergency warning lamps, or both, only
in the direct performance of official duties. When any individual other than a law
enforcement officer is operating a motor vehicle equipped as provided in subsection
1252(a) of this subchapter, the emergency warning lamps shall be either removed, covered,
or hooded. When any individual other than an authorized emergency medical service
vehicle operator, firefighter, or authorized operator of vehicles used in rescue operations
is operating a motor vehicle equipped as provided in subsection 1252(b) of this subchapter,
the emergency warning lamps shall be either removed, covered, or hooded unless the
operator holds a senior operator license. (Added 1967, No. 265 (Adj. Sess.), § 4; amended 1985, No. 85, § 8; 1995, No. 88 (Adj. Sess.), § 2; 2019, No. 131 (Adj. Sess.), § 197; 2021, No. 76, § 35; 2023, No. 165 (Adj. Sess.), § 21, eff. July 1, 2024.)
§ 1256. Motorcycles; headgear
A person may not operate or ride upon a motorcycle upon a highway unless he or she
properly wears protective headgear of a type that conforms to the federal Motor Vehicle
Safety Standards contained in 49 C.F.R. § 571.218, as may be amended. The requirement of this section shall not apply to occupants
of fully enclosed autocycles. (Added 1967, No. 264 (Adj. Sess.), § 1; amended 2009, No. 39, § 3; 2013, No. 189 (Adj. Sess.), § 37; 2019, No. 131 (Adj. Sess.), § 199.)
§ 1257. Eye protection
If a motorcycle is not equipped with a windshield or screen, the operator of the motorcycle
shall wear either eye glasses, goggles, or a protective face shield when operating
the vehicle. The glasses, goggles, or face shield shall have colorless lenses when
the motorcycle is being operated during the period of 30 minutes after sunset to 30
minutes before sunrise and at any other time when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are not clearly discernible
at a distance of 500 feet ahead. (Added 1967, No. 264 (Adj. Sess.), § 2; amended 2015, No. 147 (Adj. Sess.), § 20.)
§ 1258. Child restraint systems; individuals under 18 years of age
(a) No individual shall operate a motor vehicle, other than a type I school bus, in this
State upon a public highway unless every occupant under 18 years of age is properly
restrained in a federally approved child restraint system as defined in 49 C.F.R. § 571.213, as may be amended, or a federally approved safety belt, as follows:
(1) a child under two years of age shall be properly secured in a federally approved rear-facing
child restraint system with a harness, as those terms are defined in 49 C.F.R. § 571.213, as may be amended;
(2) a child under five years of age who is not properly secured in a federally approved
rear-facing child restraint system in accordance with subdivision (1) of this subsection
shall be properly secured in a forward-facing federally approved child restraint system
with a harness until the child reaches the weight or height limit of the child restraint
system as set by the manufacturer;
(3) a child under eight years of age who is not properly secured in a federally approved
child restraint system in accordance with subdivision (1) or (2) of this subsection
shall be properly secured in a booster seat, as defined in 49 C.F.R. § 571.213, as may be amended;
(4) a child under 18 years of age who is not properly secured in a federally approved
child restraint system in accordance with subdivision (1), (2), or (3) of this subsection
shall be restrained in a safety belt system
(5) a child under 13 years of age shall always, if practical, ride in a rear seat of a
motor vehicle; and
(6) no child shall be secured in a rear-facing child restraint system in the front seat
of a motor vehicle that is equipped with an active passenger-side airbag unless the
airbag is deactivated.
(b) An individual shall not be adjudicated in violation of this section if:
(1) the motor vehicle is regularly used to transport passengers for hire, except a motor
vehicle owned or operated by a child care facility;
(2) the motor vehicle was manufactured without safety belts; or
(3) the individual has been ordered by an enforcement officer, a firefighter, or an authorized
civil authority to evacuate individuals from a stricken area.
(c) The civil penalty for violation of this section shall be as follows:
(1) $25.00 for a first violation;
(2) $50.00 for a second violation; and
(3) $100.00 for third and subsequent violations. (Added 1983, No. 96 (Adj. Sess.), § 2; amended 1987, No. 49; 1989, No. 167 (Adj. Sess.); 1993, No. 20, § 1; 1993, No. 119 (Adj. Sess.), § 1; 2003, No. 28, § 1, eff. Jan. 1, 2004; 2005, No. 174 (Adj. Sess.), § 54; 2005, No. 175 (Adj. Sess.), § 61; 2009, No. 150 (Adj. Sess.), § 6, eff. June 1, 2010; 2015, No. 47, § 28; 2023, No. 85 (Adj. Sess.), § 292, eff. July 1, 2024; 2023, No. 165 (Adj. Sess.), § 24, eff. July 1, 2024.)
§ 1259. Safety belts; persons 18 years of age or older
(a) The operator of a motor vehicle shall be guilty of a violation of this section if
any person 18 years of age or older is occupying a seating position that has been
manufactured with a federally approved safety belt system and is not restrained by
the safety belt system while the motor vehicle is in motion on a public highway.
(b) A person is required to be restrained in a safety belt system unless:
(1) the person is a rural mail carrier of the U.S. Postal Service operating a motor vehicle
in the performance of employment;
(2) the person is a driver or passenger frequently stopping and leaving the motor vehicle
or delivering property from the motor vehicle, if the speed of the motor vehicle between
stops does not exceed 15 miles per hour;
(3) the person is the operator of any farm tractor;
(4) the person is a member of the emergency personnel of an emergency motor vehicle and
finds it necessary to be unrestrained in order to perform his or her duties;
(5) the motor vehicle the person is occupying is a bus or taxi;
(6) the person is required to be restrained under section 1258 of this title; or
(7) the person has been ordered by an enforcement officer, a firefighter, or an authorized
civil authority to evacuate persons from a stricken area.
(c) Noncompliance with the provisions of this section shall not be admissible as evidence
in any civil proceeding.
(d) Failure to wear a safety belt in violation of this section shall not constitute negligence
or contributory negligence in any civil proceeding or criminal action, nor be entered
as evidence to bar prosecution of a criminal offense.
(e) This section may be enforced only if a law enforcement officer has detained the operator
of a motor vehicle for another suspected traffic violation. An operator shall not
be subject to the penalty established in this section unless the operator is required
to pay a penalty for the primary violation.
(f) The penalty for violation of this section shall be as follows:
(1) $25.00 for a first violation;
(2) $50.00 for a second violation; and
(3) $100.00 for third and subsequent violations. (Added 1993, No. 18, § 1, eff. Jan. 1, 1994; amended 2001, No. 139 (Adj. Sess.), § 8; 2003, No. 28, § 2, eff. Jan. 1, 2004; 2005, No. 175 (Adj. Sess.), § 62; 2009, No. 150 (Adj. Sess.), § 7, eff. June 1, 2010; 2015, No. 47, § 42; 2021, No. 20, § 243; 2021, No. 105 (Adj. Sess.), § 419, eff. July 1, 2022.)
§ 1281. Additional equipment
In addition to other equipment required by this title, any school bus as defined in
section 4 of this title shall be equipped as follows:
(1) A door in the rear and a door on the right side for entrance or exit purposes.
(2) At least one fire extinguisher of a type approved by the Commissioner at all times
in good and usable condition and easily accessible to the driver.
(3) A standard first-aid kit of a type approved by the Commissioner at all times filled
with necessary articles.
(4) A hot water heater at all times capable of keeping the interior at a comfortable temperature
or other type of heater approved by the Commissioner of Motor Vehicles.
(5) Adequate ventilation facilities.
(6) At least two windows of safety glass on each side to provide interior light and so
secured as to afford protection against wind and rain.
(7) Seats securely fastened to the floor or sides of the interior and providing at least
13 inches of seat space for each child to be transported.
(8) In addition to the foregoing, all motor vehicles in which the original seating equipment
has been modified or added to must comply with the following:
(A) All seats must be readily accessible by use of an aisle or door without interference
from any other seat or seats.
(B) There must be a minimum of 36 inches of headroom for someone in a sitting position
above the top of the undepressed cushion line of the seats.
(C) There must be a minimum of 12 inches from the top of the undepressed cushion line
to the floor.
(D) Seats shall be covered with fire-resistant material.
(E) Jump seats or portable seats shall not be used.
(F) A seat beside the driver, if regular equipment or installed by the vehicle manufacturer,
may be used for student seating. It shall be securely fastened to the body and shall
be so constructed as not to interfere with students entering or leaving vehicle.
(G) All seats shall have at least 12 inches overall depth.
(H) If forward-facing seats are used, they shall be so placed that the distance from center
to center measured at top center of the backs shall be not less than 26 inches.
(I) If longitudinal seats are used, only two shall be installed against the sides of the
vehicle and the distance between the front edges of seat cushions shall be at least
24 inches. (Amended 1959, No. 26, eff. Aug. 1, 1959; 1961, No. 124, eff. Aug. 1, 1961; 1965, No. 199; 1975, No. 149 (Adj. Sess.), § 4; 1977, No. 102, § 4, eff. Sept. 1, 1977; 2023, No. 85 (Adj. Sess.), § 293, eff. July 1, 2024.)
§ 1281a. Optional equipment
In addition to equipment required under section 1283 of this title, any school bus as described in subdivision 4(34) of this title may be equipped with a stop arm sign with flashing red lights, of a type approved
by the Commissioner, securely mounted below the left front window on the vehicle in
an area approved by the Commissioner and must be visible to the driver when extended.
Such sign shall not be activated unless the vehicle has stopped on the highway for
the purpose of receiving or discharging public or private schoolchildren. At no time
shall the sign be extended when the vehicle is in motion. (Added 1969, No. 49, § 1; amended 1975, No. 149 (Adj. Sess.), § 5; 1977, No. 102, § 5, eff. Sept. 1, 1977.)
§ 1282. Operator, equipment, and inspection
(a) Before an individual may assume the duty of transporting school pupils in either a
Type I or Type II school bus, the individual shall as a minimum:
(1) For Type I, have a valid State of Vermont commercial driver’s license with a passenger
endorsement and a school bus driver’s endorsement or, for Type II, have a valid State
of Vermont license with a school bus driver’s endorsement or have a license from another
jurisdiction valid for the class or type of vehicle to be driven.
(2) Furnish the Department of Motor Vehicles or, in the case of an individual licensed
in another jurisdiction, furnish his or her employer a certificate signed by a licensed
physician, or a certified physician assistant, or a nurse practitioner in accordance
with written protocols, that he or she is, as far as can be determined by reasonable
inquiry and examination, mentally and physically competent to perform his or her duties.
Any newly diagnosed diabetic or established diabetic must be stabilized and must be
certified by his or her personal physician that he or she has not had a hypoglycemic
reaction (loss of consciousness or near loss of consciousness) for the last two years
or since his or her last physical, whichever is longer. Any diabetic must be recertified
every six months by his or her personal physician who must state that the patient
has not had a hypoglycemic reaction during that time.
(3) Have completed training in school bus operation, including evacuation and emergency
procedures, as the Commissioner deems necessary.
(4) Be licensed for Type I or Type II, or both, Type I being an automatic qualification
for a Type II operator.
(5) Furnish to his or her employer, prior to the first date of employment as a school
bus driver, a copy of his or her three-year operating record.
(b) A school bus shall not be operated in the transportation of children to and from school
unless and until it is inspected at an inspection station designated as such by the
Department of Motor Vehicles. The inspection shall thoroughly cover mechanical conditions,
standard equipment, extra equipment, and safety and comfort conditions all as provided
in section 1281 of this title and, if the inspected vehicle meets all of these requirements, the inspection station
shall give the owner or operator of the inspected vehicle a signed certificate so
stating. This certificate shall be shown as soon as possible by the owner or operator
to a school director in the town in which this vehicle is to be operated and shall
thereafter be carried in some easily accessible place in the vehicle. Thereafter,
so long as this bus remains in this service, it must be reinspected as provided in
this section during each of the following periods: January to April, May to August,
and September to December. School buses of the pleasure car type, if regularly used
in this service, shall display signs required in subdivision 1283(a)(1) of this title when transporting schoolchildren.
(c)(1) A school bus shall not regularly transport more passengers than seating space of 13
inches for each child will permit.
(2) Bus routing and seating plans shall be coordinated so as to eliminate standees when
a school bus is in motion, and standees shall be permitted only in emergency situations.
(3) There shall be no auxiliary seating accommodations such as temporary or folding jump
seats in school buses.
(d)(1) Not less often than every two years, and before the start of a school year, an individual
licensed by the Department of Motor Vehicles to assume the duty of transporting school
pupils in either a Type I or Type II school bus shall furnish the employer who employs
him or her as a school bus driver the following:
(A) a certificate signed by a licensed physician, a certified physician assistant, or
a nurse practitioner in accordance with written protocols, certifying that the licensee
is, as far as can be determined by reasonable inquiry and examination, mentally and
physically competent to perform his or her duties and that he or she meets or exceeds
the minimum hearing standards, based on voice testing, as prescribed by the Commissioner;
and
(B) a certificate signed by a properly registered and authorized medical doctor, ophthalmologist,
optometrist, or nurse practitioner certifying that he or she meets or exceeds the
minimum vision standards as prescribed by the Commissioner.
(2) Upon receipt of a certificate required by this subsection that indicates that the
school bus driver is not mentally or physically competent or does not meet the minimum
hearing or vision standards, the employer shall immediately notify the Commissioner.
(3) The certificates required under this subsection may be valid for up to two years from
the examination.
(e) In the event the school bus driver is subject to 49 C.F.R. Part 391, Subpart E, the provisions of those regulations rather than the standards of this
section shall apply.
(f) Subject to State Board of Education rules, which may provide for limited idling, the
operator of a school bus shall not idle the engine while waiting for children to board
or to exit the vehicle at a school and shall not start the engine until ready to leave
the school premises. The Board, in consultation with the Agency of Natural Resources,
the Department of Health, and the Department of Motor Vehicles, shall adopt rules
to implement this subsection. The rules shall set forth periods or circumstances that
reasonably require the idling of the engine, including periods when it is necessary
to operate defrosting, heating, or cooling equipment to ensure the health or safety
of the driver or passengers or to operate auxiliary equipment; and periods when the
engine is undergoing maintenance or inspection. (Amended 1961, No. 137, § 2; 1971, No. 228 (Adj. Sess.), § 32; 1975, No. 149 (Adj. Sess.), §§ 6, 7; 1985, No. 119 (Adj. Sess.); 1987, No. 209 (Adj. Sess.), §§ 1, 2; 1989, No. 33, § 1; 1989, No. 127 (Adj. Sess.), § 5, eff. March 15, 1990; 1989, No. 239 (Adj. Sess.), §§ 4, 5; 2003, No. 160 (Adj. Sess.), § 39, eff. June 9, 2004; 2007, No. 48, § 1, eff. May 25, 2007; 2015, No. 47, § 29; 2015, No. 158 (Adj. Sess.), § 71; 2019, No. 149 (Adj. Sess.), § 11, eff. Sept. 1, 2020; 2023, No. 85 (Adj. Sess.), § 294, eff. July 1, 2024.)
§ 1283. Identification and equipment of school buses
(a) Types I and II school buses shall be:
(1) Identified with the words, “School Bus,” printed in letters not less than eight inches
high, located between the warning signal lamps as high as possible without impairing
visibility of the lettering from both front and rear.
(2) Painted national school bus glossy yellow, except that the hood shall be either national
school bus glossy yellow or lusterless black, the fenders shall be either national
school bus glossy yellow or black, and the roof shall be either national school bus
glossy yellow or white. For Type II school buses, the requirements of this subdivision
and subdivision (a)(3) of this section shall apply to any new bus ordered on or after
January 1, 2000.
(3) Equipped with bumpers of glossy black, unless for increased night visibility they
are covered with a reflective material, or, if the school bus is a plug-in electric
vehicle, blue.
(4) Equipped with a system of signal lamps approved by the Commissioner, including an
eight-light system on any new or used school bus ordered on and after July 1, 1976.
The driver of a Type I or a Type II school bus shall keep the alternately flashing
red signal lamps lighted whenever school children are being received or discharged,
and they shall be used only for that purpose. A school bus driver found in violation
of this subdivision shall be guilty of a traffic violation.
(5)(A) Equipped with a system of mirrors, if such a system is necessary to give the seated
driver a view of the roadway to each side of the bus, and of the area immediately
in front of the front bumper, in accordance with the following procedure: when a rod,
30 inches long, is placed upright on the ground at any point along a traverse line
one foot forward of the forward most point of a school bus, and extending the width
of the bus, at least seven inches of the length of the rod shall be visible to the
driver, either by direct view or by means of an indirect visibility system.
(B) In addition, equipped with an inside mirror so located as to give the driver clear
vision of the interior of the bus, and an outside mirror located on each side of the
bus located so as to give an unobstructed view of the road to the rear.
(6) In compliance with the Federal Motor Vehicle Safety Standards for school buses as
of the date of manufacture.
(b) Any school bus meeting the identification requirements of subdivisions (a)(1)-(4)
of this section that is permanently converted for use wholly for purposes other than
transporting pupils to or from school, or transporting organized groups of preschool
or school-age children, shall be painted a color other than national school bus glossy
yellow and shall have the stop arm, if any, and equipment required by this section
removed.
(c) Type I and Type II school buses being operated on a public highway and transporting
primarily passengers other than school pupils shall have the words “School Bus” covered,
removed, or otherwise concealed, and the stop arms and equipment permitted by section 1281a of this title shall not be operable through the usual controls.
(d) No motor vehicle other than a school bus shall display the identifying equipment and
signs required by this section. (Added 1975, No. 149 (Adj. Sess.), § 8; amended 1977, No. 102, § 6, eff. Sept. 1, 1977; 1977, No. 180 (Adj. Sess.), eff. April 3, 1978; 1979, No. 12, eff. March 19, 1979; 1979, No. 39, § 2; 1979, No. 107 (Adj. Sess.); 1987, No. 209 (Adj. Sess.), § 3; 1997, No. 32, § 4; 2015, No. 47, § 30; 2019, No. 149 (Adj. Sess.), § 12, eff. July 13, 2020.)
§ 1284. Vehicle maintenance
(a) School buses shall at all times be maintained in a safe operating condition.
(b) A systematic preventive maintenance program shall be established and records kept,
which at all times shall be available for inspection by any enforcement officer.
(c) School bus drivers shall perform daily pre-trip inspections of their vehicles and
report immediately, in writing, to their supervisors, any defects or deficiencies
discovered that may affect the safety of the operation of the vehicle or result in
its mechanical breakdown. (Added 1975, No. 149 (Adj. Sess.), § 9.)
§ 1285. Pupil instruction
At least twice during each school year, each pupil who is transported in a school
bus shall be instructed by school authorities in safe riding practices and participate
in emergency evacuation drills. (Added 1975, No. 149 (Adj. Sess.), § 10.)
§ 1286. Penalties
Any violation of section 1283, 1284, or 1285 of this title shall be a traffic violation as defined in chapter 24 of this title. (Added 1987, No. 209 (Adj. Sess.), § 4; amended 1997, No. 32, § 5.)
§ 1287. Multifunction school activity bus
(a) A “multifunction school activity bus” is a vehicle that is used to transport students
on trips other than on a fixed route between home and school and that meets the construction
and safety standards for a “multifunction school activity bus” adopted by rule by
the National Highway Traffic Safety Administration.
(b) If a school owns a multifunction school activity bus or leases one other than as provided
in subdivision 4(34)(A)(vi) of this title, the driver shall be required to hold a license that includes a school bus driver’s
endorsement. A school bus endorsement road test may be taken in a multifunction school
activity bus, but the resulting endorsement shall be restricted to the operation of
the appropriately sized multifunction school activity bus. Otherwise, the endorsement
shall be a Type I or Type II endorsement as appropriate to the size of the vehicle.
(c) A multifunction school activity bus may be a color other than national school bus
yellow. (Added 2005, No. 29, § 2; amended 2015, No. 50, § 9.)
§ 1301. Emergency exits
The owner of a motor bus, designed to carry more than seven passengers and having
a closed body, shall not operate such bus or permit the same to be operated, unless
it has an exit in the rear end or an exit at the rear on the opposite side from the
front door thereof through which passengers may pass in case of emergency.
§ 1302. Rubber tires on trucks; number of trailers
(a) Motor trucks shall be equipped with rubber tires.
(b) Not more than one trailer shall be attached to one motor truck. However, two vehicles
may be towed in driveaway-towaway operations, including double saddlemount, if the
operations conform with the safety regulations of the Federal Motor Carrier Safety
Administration relative to coupling devices and towing methods as set forth in 49 C.F.R. §§ 393.70 and 393.71, as amended. As used in this section, “driveaway-towaway operations” means any operation
in which any motor vehicle or motor vehicles, new or used, constitute the commodity
being transported, when one set or more of wheels of any such motor vehicle or motor
vehicles are off the roadway during the course of transportation, whether or not any
such motor vehicle furnishes the motive power.
(c) Notwithstanding subsection (b) of this section, on the Dwight D. Eisenhower National
System of Interstate and Defense Highways and those classes of qualifying Federal-aid
Primary System highways as designated by the Secretary of the U.S. Department of Transportation,
commercial motor vehicle combinations consisting of a truck tractor and two trailing
units may be operated with the approval of the Vermont Secretary of Transportation. (Amended 1963, No. 62, § 1, eff. April 30, 1963; 1983, No. 74, § 1, eff. April 28, 1983; 1983, No. 102 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 200; 2021, No. 20, § 244.)
§ 1303. Flares required
A person shall not operate a motor truck, except those registered at pleasure car
rates and those registered with a gross vehicle weight rating of less than 10,001
pounds, with or without a trailer or semi-trailer attached, or a motor bus, upon a
highway outside the lighted area of a town or city, unless there shall be carried
in such vehicle, ready at all hours for instant use, three electric flares or three
reflector type flares of a type approved by the Commissioner of Motor Vehicles. However,
if the vehicle is used in the transportation of hazardous material as defined in 5 V.S.A. § 2001(a)(1), three electric flares or three reflector type flares of a type specified in this
section shall be carried. (Amended 1981, No. 156 (Adj. Sess.), § 1; 2001, No. 141 (Adj. Sess.), § 32, eff. June 21, 2002.)
§ 1304. Use
If such vehicle is disabled so that it is necessary that it remain on the roadway
or shoulder of the highway, the driver or other person in charge of such vehicle shall
cause operating flares to be placed upon the roadway or shoulder of the highway, one
approximately 100 feet in front of such vehicle, one approximately 100 feet to the
rear, and one on the traffic side of the vehicle. Such flares shall remain in place
until such vehicle is removed from the roadway or shoulder. (Amended 1971, No. 228 (Adj. Sess.), § 20; 1981, No. 156 (Adj. Sess.), § 2.)
§ 1305. Mirror required
All motor trucks and motor vehicles towing a trailer or semi-trailer shall be equipped
with a mirror not less than five inches in diameter or with less than 25 square inches
of reflective area so attached that the driver shall at all times have a reflected
view of other vehicles approaching from the rear. The mirror shall be attached in
a manner that complies with the width requirements of section 1431 of this title. The extended rear-view mirror shall be retracted or removed when not towing a trailer
or semi-trailer. (Amended 2001, No. 18, § 1, eff. May 8, 2001.)
§ 1306. Rear wheel flaps
No person may operate or cause to be operated any bus, truck, trailer, or semi-trailer
upon any highway in this State unless the bus, truck, trailer, or semi-trailer is
equipped with suitable metal protectors or substantial flexible flaps behind the rearmost
wheels to prevent, as far as practicable, the wheels from throwing dirt, water, or
any other materials on the windshields of vehicles following or approaching. The flaps
shall be of a type and size as specified by the Department of Motor Vehicles. However,
this section shall not apply to farm tractors or pole trailers. (1959, No. 105, §§ 1, 2, eff. Sept. 1, 1959; amended 1971, No. 228 (Adj. Sess.), § 32.)
§ 1307. Brake equipment required
(a) Every motor vehicle, when operated upon a highway, shall be equipped with brakes acting
on all wheels adequate to control the movement of and to stop and hold such vehicle,
including two separate means of applying the brakes to at least two wheels. If those
two separate means of applying the brakes are connected in any way, they shall be
so constructed that failure of any one part of the operating mechanism shall not leave
the motor vehicle without brakes on at least two wheels.
(b) Motorcycles and motor-driven cycles need only to be equipped with at least one brake
that may be operated by hand or foot.
(c) Farm-type tractors and motorized highway building equipment required to be registered
need not have brakes on the wheels of the front axle.
(d) Trucks and truck-tractors having three or more axles:
(1) manufactured before July 25, 1980 need not have brakes on the front wheels;
(2) manufactured between July 24, 1980 and October 27, 1986, if any brake components have
been removed, must be retrofitted to replace any brake components so that the vehicle
meets the requirements of subsection (a) of this section, within one year of May 16,
1990; and
(3) manufactured with at least two steerable axles, shall have brakes on at least one
steerable axle, except that any such vehicle manufactured after July 1, 1992 shall
be equipped with brakes on all wheels.
(e) Trailers, semi-trailers, trailer coaches, or pole trailers of a gross weight not exceeding
3,000 pounds need not have brakes, provided the total weight on, and including, the
wheels of the trailer, semi-trailer, or pole trailer shall not exceed 40 percent of
the gross weight of the towing vehicle when connected to the trailer, semi-trailer,
or pole trailer.
(f) Every trailer, semi-trailer, or trailer coach of a gross weight of more than 3,000
pounds but less than 6,000 pounds, when operated upon a highway, shall be equipped
with brakes on the wheels of at least one axle, adequate to control the movement of
and to stop and to hold the vehicle and so designed as to be applied by the driver
of the towing motor vehicle from its cab. The brakes shall be so designed and connected
that in case of an accidental break-away of the towed vehicle, the brake thereon shall
be automatically applied and remain applied for not less than 15 minutes.
(g) Every trailer, semi-trailer, or trailer coach of a gross weight of 6,000 pounds or
more, when operated upon the highways of this State, shall be equipped with brakes
on all wheels adequate to control the movement of and to stop and to hold the vehicle
and so designed as to be applied by the driver of the towing motor vehicle from its
cab. The brakes shall be so designed and connected that in case of an accidental break-away
of the towed vehicle, the brakes thereon shall be automatically applied and remain
applied for not less than 15 minutes.
(h) The provisions of this section shall not apply to a farm trailer with a load that
exceeds 3,000 pounds, nor to a motor vehicle manufactured or assembled prior to January
1, 1931, if the vehicle has brakes on at least two wheels, nor to a trailer coach
with two or three axles with a gross weight in excess of 6,000 pounds manufactured
prior to January 1, 1977, provided there are brakes on the wheels on one axle of a
two-axle trailer coach and brakes on the wheels of two axles of a three-axle trailer
coach. (Added 1963, No. 206, § 2; amended 1975, No. 213 (Adj. Sess.), § 5, eff. April 1, 1976; 1979, No. 46, § 3, eff. April 26, 1979; 1979, No. 119 (Adj. Sess.), eff. April 9, 1980; 1989, No. 182 (Adj. Sess.), § 3, eff. May 16, 1990; 1991, No. 165 (Adj. Sess.), § 5; 2001, No. 139 (Adj. Sess.), § 9; 2015, No. 47, § 31; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1308. Performance ability of brakes
(a) The service brakes upon any motor truck, truck, and tractor or combination of vehicles
shall be adequate to stop such vehicle or vehicles when traveling 20 miles per hour
within a distance of 30 feet when upon dry asphalt or concrete pavement surface free
from loose material where the grade does not exceed one percent.
(b) Under the conditions contained in subsection (a) of this section, the hand brake shall
be adequate to hold such vehicle or vehicles stationary on any grade upon which it
is operated.
(c) All braking distances specified in this section shall apply to all vehicles mentioned,
whether such vehicles are not loaded or are loaded to the maximum capacity permitted.
(d) All brakes shall be maintained in good working order and shall be so adjusted as to
operate as equally as practicable with respect to the wheels on opposite sides of
the vehicle. (Added 1963, No. 206, § 3; amended 2019, No. 131 (Adj. Sess.), § 201.)
§§ 1321-1324. Repealed. 1971, No. 258 (Adj. Sess.), § 20, eff. March 1, 1973.
§ 1341. Trailer coaches—Safety chain
In addition to a hitch, trailer coaches shall be secured to the towing vehicle, while
in operation on any highway, by a safety chain. The hitch on any motor vehicle towing
a trailer coach and the corresponding coupling on such coach and such safety chain
shall be adequate to ensure the public safety.
§ 1342. Fire extinguisher
There shall be carried on each trailer coach at least one fire extinguisher of a type
approved by the State Fire Marshal, in good usable condition and easily accessible.
The extinguisher shall be of not less than five pounds capacity, if it is of a CO2 type, and not less than two and one-half pounds capacity, if it is of a dry chemical
type. (Amended 1969, No. 38.)
§ 1343. Repealed. 1971, No. 228 (Adj. Sess.), § 32.
§ 1344. Riding in trailer coaches
No person may occupy a trailer coach while it is being moved upon a public highway. (Added 1969, No. 31, § 2.)
§ 1361. Lights on vehicles other than motor vehicles
Every vehicle on wheels or runners, whether stationary or in motion on a public highway,
shall have attached to it a light that shall be so displayed as to be clearly visible
from the front and rear during the period from 30 minutes after sunset to 30 minutes
before sunrise. However, this section shall not apply to a vehicle that is designed
to be propelled by hand. During the same period, towed or trailing vehicles, farm
machinery, or other equipment, whether stationary or in motion on a public highway,
shall have attached to them a red light or reflector that shall be so displayed as
to be clearly visible from the rear, under normal atmospheric conditions, or a reflectorized
slow moving vehicle symbol of a standard type approved by the Commissioner. Nothing
contained in this section shall be construed to affect any statute, rule, or regulation
requiring lights on motor vehicles and the obligation of the owner or operator thereof.
The driver of a vehicle shall be deemed the responsible party, liable to the penalty
for violation hereof. (Amended 1966, No. 38 (Sp. Sess.), § 4; 1971, No. 228 (Adj. Sess.), § 22.)
§ 1362. Night operation
Farm tractors, motorized highway building equipment, and road-making appliances when
operated upon a public highway during the period from 30 minutes after sunset to 30
minutes before sunrise shall comply with the requirements of this title relating to
head lamp and taillight requirements.
-
Subchapter 015: WEIGHT, SIZE, LOADS
§ 1391. Tire and axle limits
(a) Except as otherwise provided in this chapter, a person or corporation shall not operate
or cause to be operated a tractor, trailer, semi-trailer, motor truck, or any other
motor vehicle without sufficient weight maintained upon the front axle of such vehicle
to make such vehicle safe in operation, nor shall the maximum load on any axle of
such vehicle exceed a gross weight of more than 600 pounds per inch of tire width
computed in conformity with the manufacturer’s designated width.
(b) No single axle load shall be in excess of 22,400 pounds and a 10 percent tolerance
shall be allowed on each single axle load, nor shall any tandem axle load be in excess
of 36,000 pounds, with a 10 percent tolerance allowed, except in the case of such
vehicles owned by persons to whom special permits shall be issued in accordance with
the provisions of section 1400 of this title.
(c) Unless federal law authorizes the axle load limits, tolerances, or both, provided
for in subsection (b) of this section to apply on those highways designated as the
Dwight D. Eisenhower National System of Interstate and Defense Highways, no single
axle load on those highways shall be in excess of 20,000 pounds with no tolerance
allowed, nor shall any tandem axle load be in excess of 34,000 pounds, with no tolerance
allowed, except in the case of vehicles owned by persons to whom special permits have
been issued in accordance with section 1400 of this title. (Amended 1963, No. 206, § 4; 1964, No. 4 (Sp. Sess.), eff. Feb. 27, 1964; 1971, No. 226 (Adj. Sess.), § 6; 1977, No. 41, § 1, eff. April 19, 1977; 1983, No. 86, § 1; 1991, No. 72, § 4; 2009, No. 63 (Adj. Sess.), § 1, eff. Jan. 13, 2010; 2009, No. 63 (Adj. Sess.), § 3, eff. Dec. 17, 2010; 2011, No. 23, § 1, eff. May 11, 2011; 2021, No. 20, § 245.)
§ 1391a. Penalties for overweight operation
(a) Civil penalties for violations of the following statutory sections shall be in accordance
with the schedule established in this section:
| |
Statutory Citation |
Name of Offense |
| |
23 V.S.A. § 1391 |
Tire and axle limits |
| |
23 V.S.A. § 1392 |
Gross limits on highways |
| |
23 V.S.A. § 1399 |
Construction and maintenance equipment; fire apparatus |
| |
23 V.S.A. § 1400 |
Permit to operate in excess of weight and size limits; State highways |
| |
23 V.S.A. § 1400a |
Special local highway and bridge limits; reimbursement for damages; special permits |
| |
23 V.S.A. § 1407 |
Operation of overweight vehicles |
| |
23 V.S.A. § 1408 |
Operating vehicle in excess of registered capacity |
(b)(1) For violation of each of the statutory sections listed in subsection (a) of this section,
civil penalties shall be imposed as follows:
$15.00 for each 1,000 lbs. or portion thereof overweight for the first 5,000 lbs.
overweight;
$30.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight
is more than 5,000 lbs. and less than 10,001 lbs.;
$45.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight
is more than 10,000 lbs. and less than 15,001 lbs.;
$60.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight
is more than 15,000 lbs. and less than 20,001 lbs.;
$90.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight
is more than 20,000 lbs. and less than 25,001 lbs.; and
$150.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight
is more than 25,000 lbs.
(2) Civil penalties for subsequent violations of subchapter 15, article 1 of this chapter
shall be computed in accordance with subdivision (1) of this subsection with the following
percentage increases:
(A) upon a second conviction of a violation occurring within one year, five percent;
(B) upon a third conviction of a violation occurring within one year, ten percent; and
(C) upon a fourth or subsequent conviction occurring within one year, 15 percent.
(3) In the calculation of gross overweight, the weight allowed by registration or permit,
whichever is greater, shall be the basis. The tolerances allowed by sections 1391, 1392, 1408, and 1410 of this title shall not be considered in the calculation of gross overweight.
(c) Notwithstanding any other provisions of law to the contrary, in a prosecution for
a violation of those statutes listed in subsection (a) of this section, the proper
defendant shall be either the owner or lessee of the vehicle or the person who moves
or operates the vehicle.
(d) Civil penalties imposed for violations of this section shall be deposited in the Transportation
Fund, unless the civil penalties are the result of enforcement actions on a town highway
by an enforcement officer employed by or under contract with the municipality, in
which case the civil penalty shall be paid to the municipality, except for an administrative
charge for each case in the amount specified in 13 V.S.A. § 7251, which shall be retained by the State. (Added 1977, No. 177 (Adj. Sess.), § 1, eff. May 1, 1978; amended 1983, No. 86, § 2; 1983, No. 192 (Adj. Sess.), § 1, eff. April 27, 1984; 1989, No. 51, § 43; 1993, No. 186 (Adj. Sess.), § 1; 1995, No. 119 (Adj. Sess.), § 4, eff. April 25, 1996; 1997, No. 120 (Adj. Sess.), § 9a; 1999, No. 154 (Adj. Sess.), § 34; 2015, No. 158 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 202; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1392. Gross weight limits on highways
Except as provided in section 1400 of this title, a person shall not operate or cause to be operated a motor vehicle in excess of
the total weight, including vehicle, object, or contrivance and load, of:
(1) 16,000 pounds upon any bridge with a wood floor, wood subfloor, or wood stringers
on a class 3 or 4 town highway or 20,000 pounds on a bridge with wood floor, wood
subfloor, or wood stringers on a class 1 or 2 town highway unless otherwise posted
by the selectboard of such town.
(2) 24,000 pounds, upon a class 2, 3, or 4 town highway or bridge with other than wood
floor, in any town or incorporated village.
(3) No vehicle may exceed a gross weight in excess of 80,000 pounds unless the operator
or owner of the vehicle has complied with the provisions of section 1400 of this title or except as otherwise provided in this section.
(4) Subject to the limit upon the weight imposed upon the highway through any single or
tandem axle as set forth in section 1391 of this title, the total gross weight of vehicle with load imposed upon the highway by all axles
of a vehicle or combination of axles of a vehicle shall not be in excess of the value
in pounds given for the respective distance between the first and last axle of the
vehicle or combination of axle spacing for vehicles measured longitudinally to the
nearest foot as set forth in the following table:
Distance between the
center of the first and
center of the last axle of
any group of two or
more axles
|
Maximum load in pounds carried in any group of two or more axles computed to the nearest
500 pounds
|
| |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
7 axles |
| 8 or less |
34,000 |
34,000 |
|
|
|
|
| 9 |
39,000 |
42,500 |
|
|
|
|
| 10 |
40,000 |
43,500 |
|
|
|
|
| 11 |
|
44,000 |
|
|
|
|
| 12 |
|
45,000 |
50,000 |
|
|
|
| 13 |
|
45,500 |
50,500 |
|
|
|
| 14 |
|
46,500 |
51,500 |
|
|
|
| 15 |
|
47,000 |
52,000 |
|
|
|
| 16 |
|
48,000 |
52,500 |
|
|
|
| 17 |
|
48,500 |
53,500 |
|
|
|
| 18 |
|
49,500 |
54,000 |
|
|
|
| 19 |
|
50,000 |
54,500 |
|
|
|
| 20 |
|
51,000 |
55,500 |
|
66,000 |
|
| 21 |
|
51,500 |
56,000 |
|
66,500 |
|
| 22 |
|
52,500 |
56,500 |
|
67,000 |
|
| 23 |
|
53,000 |
57,500 |
|
68,000 |
|
| 24 |
|
54,000 |
58,000 |
|
68,500 |
74,000 |
| 25 |
|
54,500 |
58,500 |
|
69,000 |
74,500 |
| 26 |
|
55,500 |
59,500 |
|
69,500 |
75,000 |
| 27 |
|
56,000 |
60,000 |
|
70,000 |
75,500 |
| 28 |
|
57,000 |
60,500 |
|
71,000 |
76,500 |
| 29 |
|
57,500 |
61,500 |
|
71,500 |
77,000 |
| 30 |
|
58,500 |
62,000 |
|
72,000 |
77,500 |
| 31 |
|
59,000 |
62,500 |
|
72,500 |
78,000 |
| 32 |
|
60,000 |
63,500 |
|
73,000 |
78,500 |
| 33 |
|
|
64,000 |
|
74,000 |
79,000 |
| 34 |
|
|
64,500 |
|
74,500 |
80,000 |
| 35 |
|
|
65,500 |
|
75,000 |
80,000 |
| 36 |
|
|
66,000 |
70,500 |
75,500 |
80,000 |
| 37 |
|
|
66,500 |
71,000 |
76,000 |
80,000 |
| 38 |
|
|
67,500 |
72,000 |
77,000 |
80,000 |
| 39 |
|
|
68,000 |
72,500 |
77,500 |
80,000 |
| 40 |
|
|
68,500 |
73,000 |
78,000 |
80,000 |
| 41 |
|
|
69,500 |
73,500 |
78,500 |
80,000 |
| 42 |
|
|
70,000 |
74,000 |
79,000 |
80,000 |
| 43 |
|
|
|
75,000 |
80,000 |
80,000 |
| 44 |
|
|
|
75,500 |
80,000 |
80,000 |
| 45 |
|
|
|
76,000 |
80,000 |
80,000 |
| 46 |
|
|
|
76,500 |
80,000 |
80,000 |
| 47 |
|
|
|
77,500 |
80,000 |
80,000 |
| 48 |
|
|
|
78,000 |
80,000 |
80,000 |
| 49 |
|
|
|
78,500 |
80,000 |
80,000 |
| 50 |
|
|
|
79,000 |
80,000 |
80,000 |
| 51 |
|
|
|
80,000 |
80,000 |
80,000 |
(5)(A) Despite the axle load provisions of section 1391 of this title and the distance in feet between first and last axle as provided for in subdivision
(4) of this section, a motor truck having three axles, if the two rear axles are both
power driven and both equipped with adequate brakes, the gross weight of the three
axles of the truck shall not exceed 55,000 pounds.
(B) When application is made to register a motor truck under the provisions of this subdivision,
the applicant shall submit to the Commissioner of Motor Vehicles specifications as
to its make, brake equipment, and manufacturer’s recommended gross weight. In the
Commissioner’s discretion, the Commissioner may refuse registration for its operation
under this subdivision if the specifications for the vehicle would not permit its
safe operation when so loaded.
(6) Despite the axle load provisions of section 1391 of this title and the distance in feet between first and last axle as provided for in subdivision
(4) of this section, a motor truck having four axles, three of which are a tri-axle
and at least two axles in this group being power driven and equipped with adequate
brakes; the gross weight of the four axles of the truck shall not exceed 60,000 pounds,
however:
(A) No two axles in the tri-axle group shall support more than 42,000 pounds with a 10
percent tolerance.
(B) No single axle of the tri-axle group shall support more than 22,400 pounds with a
10 percent tolerance.
(C) The total load supported by the tri-axle group shall not exceed 54,000 pounds.
(D) Three or more axles within a distance of 12 feet or less apart shall be considered
as a tri-axle group, and if a single axle is closer than eight feet to the nearest
axle of the tri-axle group, the total load shall not exceed that allowed for a tri-axle
group.
(E) [Repealed.]
(7)-(10) [Repealed.]
(11) The weights or tolerances, or both, as set forth in subdivisions (5) and (6) of this
section shall not apply to the highways designated as portions of the Dwight D. Eisenhower
National System of Interstate and Defense Highways unless authorized by federal law.
(12) [Repealed.]
(13) Despite the axle-load provisions of section 1391 of this title and the maximum gross load of subdivision (4) of this section, a special annual permit,
which shall expire with the vehicle’s registration, except for vehicles not registered
in Vermont, in which case the permit shall become void on January 1 following date
of issue, may be issued to a person operating on designated routes on the State Highway
System for a fee of $458.00 for each vehicle registered for a weight of 80,000 pounds.
This special permit shall be issued only for a combination of vehicle and semi-trailer
or trailer equipped with five or more axles, with a distance between axles that meets
the minimum requirements of registering the vehicle to 80,000 pounds as allowed under
subdivision (4) of this section. The maximum gross load under this special permit
shall be 90,000 pounds. Unless authorized by federal law, this subdivision shall not
apply to operation on the Dwight D. Eisenhower National System of Interstate and Defense
Highways.
(14) Despite the axle-load provisions of section 1391 of this title and the axle spacing and maximum gross load provisions of subdivision (4) of this
section, a special annual permit, which shall expire with the vehicle’s registration,
except for vehicles not registered in Vermont, in which case the permit shall become
void on January 1 following date of issue, may be issued to a person transporting
loads on vehicles on designated routes on the State Highway System for the following
fees for each vehicle unit. Unless authorized by federal law, the provisions of this
subdivision regarding weight limits or tolerances, or both, shall not apply to operation
on the Dwight D. Eisenhower National System of Interstate and Defense Highways. This
special permit shall be issued for the following vehicles and conditions:
(A) 3-axle trucks with a single steering axle and a rear tandem axle that have a maximum
gross weight of not more than 60,000 pounds when registered for a minimum gross weight
of not more than 55,000 pounds, the permit fee shall be $187.00.
(B) 4-axle trucks with a single steering axle and a rear tri-axle unit that have a maximum
gross weight of not more than 69,000 pounds when registered for a minimum weight of
60,000 pounds, the permit fee shall be $422.00.
(C) 4-axle tractor semi-trailer or truck trailer combination with a maximum gross weight
of not more than 72,000 pounds, provided the distance between the second axle of the
tractor and the rear axle of the trailer is at least 24 feet measured to the nearest
foot. For each foot or fraction of a foot less than 24 feet, measured to the nearest
foot, a reduction of 2,000 pounds in the maximum gross weight shall be made. The permit
fee shall be $18.00.
(D) 5- or more axle tractor semi-trailer or truck trailer combination with a maximum gross
weight of not more than 76,000 pounds, provided that the distance between the first
and last axle of two consecutive sets of tandem axles is at least 24 feet measured
to the nearest foot. For each foot or fraction of a foot less than 24 feet, measured
to the nearest foot, a reduction of 2,000 pounds in the maximum gross weight shall
be made. The permit fee shall be $18.00.
(E) No single axle of a tandem axle unit shall support more than 60 percent of the total
weight supported by such tandem axle unit.
(F) No single axle of a tri-axle unit shall support more than 40 percent of the total
weight supported by such tri-axle unit.
(G) The maximum load on any axle of such vehicle shall not exceed more than 600 pounds
per inch of tire width computed in conformity with the manufacturer’s designated width.
(H) A five percent tolerance shall be allowed on the gross vehicle weights allowed under
permits issued pursuant to this subdivision.
(15) Despite the axle load provisions of section 1391 of this title and the axle spacing and the maximum gross load of subdivision (4) of this section,
a 5-axle tractor semi-trailer may operate on State highways with the following conditions:
(A) For each foot or fraction of a foot less than 36 feet between the first and last axle
of two consecutive sets of tandem axles, a reduction of 2,000 pounds in the maximum
gross weight of 80,000 pounds shall be made.
(B) Conditions in subdivisions (14)(D) and (F) of this section shall also apply to this
subdivision (B), and unless authorized by federal law, this subdivision shall not
apply to operation on the Dwight D. Eisenhower National System of Interstate and Defense
Highways.
(16) Notwithstanding the axle load provisions of section 1391 of this title and the maximum gross load of subdivision (4) of this section, a five or more axle
truck tractor, semi-trailer combination, or truck trailer combination, when the load
consists solely of unprocessed milk products as defined in subdivision 4(55) of this title, may be registered for and operated with a maximum gross weight of 90,000 pounds
on State highways without permit and upon posted State and town highways when the
vehicle has been issued a permit in compliance with the provisions of section 1400 of this title; however:
(A) Vehicles operated pursuant to this subdivision (16) shall be subject to the same axle
spacing restrictions as are applied to five or more axle vehicles registered to 80,000
pounds as set forth in subdivision (4) of this section.
(B) Unless prohibited by federal law, the provisions of this subdivision (16) shall apply
to operation on the Dwight D. Eisenhower National System of Interstate and Defense
Highways.
(C) [Repealed.]
(17) Notwithstanding the gross vehicle weight provisions of subdivision (4) of this section,
a truck trailer combination or truck tractor, semi-trailer combination with six or
more load-bearing axles registered for 80,000 pounds shall be allowed to bear a maximum
of 99,000 pounds by special annual permit, which shall expire with the vehicle’s registration,
except for vehicles not registered in Vermont, in which case the permit shall become
void on January 1 following the date of issue, for operating on designated routes
on State and town highways, subject to the following:
(A) The combination of vehicles must have, as a minimum, a distance of 51 feet between
extreme axles.
(B) The axle weight provisions of section 1391 of this title and the axle weight provisions of subdivisions (6)(A)–(D) of this section shall also
apply to vehicles permitted under this subdivision (17).
(C) When determining the civil penalty for a gross overweight violation of this subdivision
(17), the civil penalty for any portion of the first 10,000 pounds over the permitted
weight shall be the same as provided in section 1391a of this title, and for overweight violations 10,001 pounds or more over the permitted weight, the
civil penalty schedule provided in section 1391a shall be doubled.
(D) The weight permitted by this subdivision (17) shall be allowed for foreign trucks
that are registered or permitted for 99,000 pounds in a state or province that recognizes
Vermont vehicles for weights consistent with this subdivision (17).
(E) Unless authorized by federal law, the provisions of this subdivision (17) shall not
apply to operation on the Dwight D. Eisenhower National System of Interstate and Defense
Highways.
(F) The fee for the annual permit as provided in this subdivision (17) shall be $458.00
for vehicles bearing up to 90,000 pounds and $671.00 for vehicles bearing up to 99,000
pounds.
(G) [Repealed.]
(18) The owner of any Vermont or foreign registered motor vehicle seeking permits authorized
by this section shall make application for the appropriate permits and pay the appropriate
permit fees.
(19)(A) A person issued a permit under the provisions of subdivision (13), (14), or (17) of
this section, and upon payment of a $10.00 administrative fee for each additional
permit, may obtain additional permits for the same vehicle, provided the additional
permit is for a lesser weight and provided the vehicle or combination of vehicles
meets the minimum requirements for the permit sought as set forth in this section.
(B) A person issued a permit under the provisions of subdivision (14) of this section,
and upon payment of the difference in fees for each permit sought, may obtain additional
permits for the same vehicle, provided the vehicle or combination of vehicles meets
the minimum requirements for the permit sought as set forth in this section.
(C) [Repealed.]
(20) [Repealed.]
(21) [Repealed.] (Amended 1959, No. 63, eff. March 27, 1959; 1961, No. 94, eff. May 3, 1961; 1961, No. 281, §§ 1-5; 1963, No. 206, § 5; 1967, No. 166, eff. April 15, 1967; 1967, No. 385 (Adj. Sess.), § 1; 1975, No. 232 (Adj. Sess.), § 10, eff. April 7, 1976; 1977, No. 15; 1977, No. 41, § 2, eff. April 19, 1977; 1977, No. 177 (Adj. Sess.), §§ 2-4, 12, eff. May 1, 1978; 1981, No. 172 (Adj. Sess.), § 11a; 1983, No. 86, § 3; 1983, No. 192 (Adj. Sess.), § 2, eff. April 27, 1984; 1985, No. 124 (Adj. Sess.), § 5; 1987, No. 145 (Adj. Sess.), §§ 3, 4, eff. May 13, 1988; 1987, No. 187 (Adj. Sess.), §§ 1, 2; 1989, No. 168 (Adj. Sess.), §§ 1, 2, eff. May 12, 1990; 1989, No. 192 (Adj. Sess.), §§ 1, 2; 1991, No. 68, §§ 1-3, eff. June 24, 1991; 1991, No. 72, §§ 2, 3; 1995, No. 119 (Adj. Sess.), § 5, eff. April 25, 1996; 2001, No. 102 (Adj. Sess.), § 26, eff. May 15, 2002; 2001, No. 141 (Adj. Sess.), §§ 38, 39, eff. June 21, 2002; 2003, No. 70 (Adj. Sess.), § 29, eff. March 1, 2004; 2007, No. 61, § 7; 2009, No. 50, § 51; 2009, No. 63 (Adj. Sess.), § 2, eff. Jan. 13, 2010; 2009, No. 63 (Adj. Sess.), § 4, eff. Dec. 17, 2010; 2011, No. 23, § 2, eff. May 11, 2011; 2015, No. 159 (Adj. Sess.), § 42; 2017, No. 158 (Adj. Sess.), § 30, eff. Jan. 1, 2019; 2021, No. 20, § 246; 2023, No. 41, § 21, eff. July 1, 2023; 2023, No. 41, § 23, eff. June 1, 2023; 2023, No. 78, § G.135, eff. January 1, 2024.)
§ 1392a. Authority of Commissioner to delegate permitting functions
The Commissioner may delegate any person as his or her agent to perform the duties
set forth in sections 1392, 1400 through 1404, 1406, 1415, and 1431 of this title with respect to permits. (Added 1995, No. 119 (Adj. Sess.), § 6, eff. April 25, 1996.)
§ 1393. Weight limits in cities; adoption by towns or incorporated villages of State limits;
limits on class 1 town highways
(a)(1) On all highways in a city, the legal load shall be as prescribed for the State Highway
System in section 1392 of this title, unless otherwise restricted and posted by the local authorities as provided in this
subchapter.
(2) With the approval of the Secretary of Transportation, the legislative body of a town
or incorporated village may designate any highway under its jurisdiction to carry
the same legal load as specified in section 1392 of this title for the State Highway System. When a certain highway has been so approved by the
Secretary and the legislative body as to the legal load limit, then the Secretary
shall have the highway posted for the legal load limit.
(3) Except as provided in subdivision 1392(1) of this title, State Highway System weight limits as specified in section 1392 of this title shall apply to class 1 town highways.
(b) [Repealed.]
(c) [Repealed.] (Added 1991, No. 214 (Adj. Sess.), § 3, eff. May 27, 1992; 1993, No. 186 (Adj. Sess.), § 2; 1995, No. 119 (Adj. Sess.), § 7; 2015, No. 47, § 32; 2017, No. 158 (Adj. Sess.), § 31, eff. Jan. 1, 2019.)
§ 1394. Designation of class 1 town highways
The class 1 town highways connecting the State highways through cities, villages,
or municipalities shall be designated by the State Transportation Board and marked
by the State Secretary of Transportation. The State Secretary of Transportation shall
have signs erected on each road that leads off the State Highway System stating the
legal load of the highway leading from the State Highway System. (Amended 1975, No. 7, eff. Feb. 14, 1975.)
§ 1395. Repealed. 1993, No. 186 (Adj. Sess.), § 10.
§ 1396. Special weight limits for bridges and highways
(a) When, in the opinion of the Secretary of Transportation, a highway or bridge on the
State Highway System or class 1 town highway, or when, in the opinion of the legislative
body of a municipality, any class 2, 3, or 4 town highway or bridge under the jurisdiction
of the municipality may be varied from the weight limit specified in section 1392 of this title, then the Secretary of Transportation for the State Highway System or the legislative
body may designate the legal load limit for the highway or bridge. However, when the
legislative body of a municipality requests in writing, the Secretary of Transportation
may set the weight limit on a class 1 town highway at less than the State highway
limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the
State highway limit.
(b) In making the determination as to whether a reasonable alternative route is available,
the Secretary of Transportation shall, at a minimum, consider the following factors:
(1) whether the alternative routing will reduce or relieve traffic congestion in a downtown
area;
(2) whether the alternative routing will enhance safety;
(3) the length of the alternative route and any increase in time made necessary by use
of the alternative route; and
(4) whether an adverse effect has been created relative to the quiet enjoyment and property
values of persons living along the alternative route.
(c) Any decision of the Secretary made under this section may be appealed, in writing,
to the Transportation Board within 30 days after the Secretary’s decision. The Transportation
Board shall decide the question within 45 days after receipt of the appeal and may
take evidence or testimony. Except as otherwise provided, the designated legal load
limit for the highway or bridge shall not be less than 20,000 pounds for a single
traction engine, tractor, trailer, motor truck, or other motor vehicle for the State
system or any class 1 or 2 town highway nor less than 16,000 pounds for any other
town highway. (Amended 1993, No. 61, § 27, eff. June 3, 1993; 1993, No. 186 (Adj. Sess.), § 3; 1995, No. 119 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 203; 2021, No. 184 (Adj. Sess.), § 43, eff. July 1, 2022; 2023, No. 85 (Adj. Sess.), § 295, eff. July 1, 2024; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1397. Weight limit signs
(a) When the weight limit on a highway or bridge has been adjusted by the Secretary of
Transportation, the selectboard of a town, the trustees of an incorporated village,
or the city council of a city, as to the legal load limit, then the Secretary, selectboard,
trustees, or city council shall have each restricted highway or bridge posted for
the legal load limit permitted. The notices shall be of a permanent nature and shall
be placed at each end of each restricted highway in each town, village, or city affected
or on the approaches to each restricted bridge. The notices shall state the legal
load limit permitted to be operated over the highway or bridge.
(b) The notices specified in subsection (a) of this section may be omitted when the restricted
highway is a class 4 town highway or a class 3 town highway serving only one residence. (Amended 1991, No. 214 (Adj. Sess.), § 5, eff. May 27, 1992; 1993, No. 186 (Adj. Sess.), § 4; 1995, No. 73 (Adj. Sess.), § 5; 2021, No. 184 (Adj. Sess.), § 44, eff. July 1, 2022.)
§ 1397a. Special limits for covered bridges
The legislative body of a municipality where a covered bridge is located or, if parts
of such a bridge are located in more than one municipality, the legislative bodies
of the municipalities where a covered bridge is located acting jointly may, after
consultation with the Agency of Transportation, restrict the use of the bridge to
vehicles that are within limits as to one or more of the following, as they shall
establish: weight, height, or width. Any limitation shall be permanently posted by
the municipality, with signs that conform to the standards established by section 1025 of this title, approximately 100 feet from the approaches to the bridge and at intersections as
may be required to enable operators of restricted vehicles to proceed by the most
direct alternate unrestricted route. (Added 2021, No. 184 (Adj. Sess.), § 45, eff. July 1, 2022.)
§ 1398. Certified statement to be filed
A certified statement shall be filed with the clerk in each municipality in which
a posting, as provided in sections 1397 and 1397a of this subchapter, occurs that
states the location of the highway or bridge posted, the legal limit or limits to
which the highway or bridge is restricted, and the date of posting. If a restriction
is removed at any time by the Secretary of Transportation or legislative body of the
municipality, or both, a similar certified statement of the removal shall be filed
with the clerk of the municipality. (Amended 2021, No. 184 (Adj. Sess.), § 46, eff. July 1, 2022.)
§ 1399. Exceptions for construction and maintenance equipment; fire apparatus; and heavy-duty
tow and recovery vehicles
(a) As used in this section, “heavy-duty tow and recovery vehicle” means a vehicle that:
(1) is transporting a disabled vehicle from the place where the vehicle became disabled
to the nearest appropriate repair facility; and
(2) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of
the disabled vehicle being transported.
(b) Nothing contained in sections 1391–1398 of this subchapter shall restrict the weight
of:
(1) Snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels,
dump wagons, trucks, or other construction or maintenance equipment when used by any
town, incorporated village, city, or the State in the construction or the maintenance
of any highway, provided that such construction or maintenance is performed by persons
employed by or under contract with such town, incorporated village, city, or the State
for this purpose. However, any operation of motorized highway building equipment or
road making appliances used in construction work contracted by a town, incorporated
village, city, or the State shall be unrestricted as to weight only within a construction
area.
(2) Municipal and volunteer fire apparatus and law enforcement motor vehicles.
(3) Heavy-duty tow and recovery vehicles on the Dwight D. Eisenhower System of Interstate
and Defense Highways. (Amended 1991, No. 121 (Adj. Sess.); 2019, No. 149 (Adj. Sess.), § 14, eff. July 13, 2020; 2021, No. 184 (Adj. Sess.), § 47, eff. July 1, 2022.)
§ 1400. Permit to operate in excess of weight and size limits; State highways
(a) A person owning or operating a traction engine, tractor, trailer, motor truck, or
other motor vehicle that desires to operate it over State highways or class 1 town
highways in excess of the weight and size limits provided by this subchapter shall
apply to the Commissioner for a permit. In the Commissioner’s discretion, with or
without hearing, the Commissioner may issue to the person a permit authorizing the
person to operate the traction engine, tractor, trailer, motor truck, or other motor
vehicle upon State highways and class 1 town highways as the Commissioner may designate
and containing the regulation subject to which the traction engine, tractor, trailer,
motor truck, or other motor vehicle is to be operated. The permit shall not be granted
until satisfactory proof is furnished to the Commissioner that the traction engine,
tractor, trailer, motor truck, or other motor vehicle has been registered and the
prescribed fee paid for a gross weight equal to a maximum legal load limit for its
class. No additional registration fee shall be payable to authorize the use of the
traction engine, tractor, trailer, motor truck, or other motor vehicle in accordance
with the terms of the permit. The approval may be withdrawn for cause and may be withdrawn
without cause any time after March 31 next following the date of issuance. When approval
is withdrawn for cause or on March 31, the Commissioner shall immediately revoke the
permit; when approval is withdrawn otherwise, the Commissioner shall revoke the permit
within one month after withdrawal.
(b) The provisions of this section shall apply to any vehicle registered in another state,
provided the vehicle meets all weight and size requirements of this State and is registered
or holds a permit in the other state for the weight that the permit is sought.
(c) In addition, the Commissioner may issue permits to operate vehicles in excess of the
size limits provided by this subchapter for operation over any class 2, class 3, or
class 4 town highways except when the dimensions are such that blanket permits cannot
be issued under the duly adopted rules of the Commissioner. In those instances, permits
under section 1400a of this title shall be obtained.
(d) [Repealed.]
(e) Notwithstanding any other statute or rule to the contrary, overweight permits shall
not be issued to vehicles registered in another state or province, unless that state
or province issues similar permits on a reciprocal basis to vehicles registered in
Vermont. (Amended 1961, No. 281, § 6; 1969, No. 212 (Adj. Sess.), § 1, eff. March 25, 1970; 1975, No. 232 (Adj. Sess.), § 11, eff. April 7, 1976; 1987, No. 91, § 8, eff. June 22, 1987; 1989, No. 121, § 20d; 1993, No. 27, § 7, eff. May 19, 1993; 1993, No. 186 (Adj. Sess.), § 5; 1995, No. 119 (Adj. Sess.), § 9, eff. April 25, 1996; 1999, No. 154 (Adj. Sess.), § 14; 2013, No. 189 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 73; 2023, No. 85 (Adj. Sess.), § 296, eff. July 1, 2024.)
§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits
(a) A person or corporation owning or operating a traction engine, tractor trailer, motor
truck, or other motor vehicle that desires to operate it in excess of the weight limits
provided in this subchapter over highways and bridges under the jurisdiction of a
municipality with the exception of class 1 town highways and subject to the provisions
of subsection 1400(c) of this title shall make application for a permit to the appropriate legislative body or its designee.
(b) The application form for such a permit shall be of a uniform type and shall be developed
by the Commissioner of Motor Vehicles, after consulting with municipal officials and
representatives of the State’s trucking industry.
(c)(1) The selectboard, trustees, or the mayor are authorized to accept for the municipality
compensation commensurate with the extra wear or maintenance required on the highway
traveled over or on any bridge by reason of the overweight allowed by any permit approved
by them or any exemption provided under section 1400d of this title, which shall be used for the maintenance of highways and bridges within the town,
village, or city. The following factors, at a minimum, shall be taken into consideration
when determining the amount of compensation due:
(A) the amount of weight allowed in excess of the normal limit;
(B) the configuration and number of axles of the vehicle involved;
(C) the number and length of trips the vehicle will be making; and
(D) the condition of the highway before and after use by the vehicle and costs associated
with any needed repair.
(2) If the agreement for the compensation to be paid is in writing, failure on the part
of the applicant to pay the sum or sums agreed upon shall be sufficient cause for
the selectboard, trustees, or mayor to withdraw approval for the permit. A fee not
in excess of $5.00 may be charged for the written approval of a municipality furnished
under this section.
(d) A $5.00 fee for administration of permits imposed under this section shall be for
the period expiring March 31 of each year. As an alternative, upon payment of an administrative
fee of $10.00, an applicant may obtain a permit to operate all of his or her registered
vehicles in that municipality, under the conditions of the permit, for the period
of the permit. In the event a fleet permit is obtained, individual permits need not
be carried in each vehicle permitted. (Added 1993, No. 186 (Adj. Sess.), § 6; amended 1995, No. 119 (Adj. Sess.), § 10, eff. April 25, 1996; 2003, No. 56, § 54, eff. June 4, 2003; 2003, No. 109 (Adj. Sess.), § 10; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1400b. Filing of restrictions, publication
(a) Any municipality that has enacted special weight limits that are other than State
legal limits for highways or bridges within its jurisdiction shall file a complete
copy of the limitations with the Department of Motor Vehicles each year. The information
filed shall contain a concise listing of each highway or bridge posted; the time of
the year the restrictions apply; weight limitations in effect on that highway or bridge;
and the name, address, and telephone number of the principal person or persons responsible
for issuing the local permit. Additions or deletions to the listing may be made from
time to time, as required, by filing with the Department.
(b) Any special municipal weight limits on highways or bridges shall be unenforceable
unless they are on file with the Department of Motor Vehicles within three working
days of the date of posting. It shall be the responsibility of the municipality to
keep records documenting the time and date a highway or bridge is posted and to keep
current restrictions on file with the Department. The Department may prescribe the
format that is to be used when filing restrictions under this section.
(c) The Department shall publish, on an annual basis, a list of municipal highways or
bridges and their current weight limits. This publication shall be based on the information
submitted by the municipalities under subsection (a) of this section, as well as information
available through the Agency of Transportation, and shall be available to the public,
at a charge not in excess of $25.00, on or before April 1 of each year.
(d) The Department shall also publish, on a quarterly basis, a periodic update of current
weight limits for municipal highways and bridges and shall make that available to
the general public at a cost of not more than $5.00.
(e) Any person may request information on specific municipalities from the Department
and shall pay the Department a fee of $3.00 per request. A single request shall be
made for information on each municipality. In the event nothing is filed by a particular
municipality, the Department shall provide that information, in written form, and
charge the $3.00 fee.
(f) The Commissioner may require prepayments for information requested pursuant to this
section. (Added 1993, No. 186 (Adj. Sess.), § 7, eff. Jan. 1, 1995; amended 2021, No. 184 (Adj. Sess.), § 53, eff. July 1, 2022.)
§ 1400c. Gross limits on town highways and bridges
When a town bridge or highway is posted for State limits, the gross weight limits
on town highways and bridges shall be the weight allowed by the State, including any
additional weight allowed by permit. (Added 1993, No. 186 (Adj. Sess.), § 8.)
§ 1400d. Agricultural service vehicles
(a) An agricultural service vehicle, as defined in subdivision 4(71) of this title, shall be exempt from the provisions of sections 1400 and 1400a and subsection 1434(c)
of this subchapter if the gross weight does not exceed 60,000 pounds.
(b) Municipalities shall not be liable for injuries or damages to agricultural service
vehicles or their operators that result from crossing a posted bridge with an agricultural
service vehicle that weighs more than the posted weight limit. (Added 2003, No. 109, (Adj. Sess.), § 9; amended 2021, No. 184 (Adj. Sess.), § 48, eff. July 1, 2022.)
§ 1401. Contents of permit
(a) The Commissioner of Motor Vehicles shall incorporate in the permit such descriptive
matter as to the highways to be traveled over; the Commissioner’s restrictions as
to width and character of the wheels of such tractor, trailer, motor truck, or other
motor vehicle; and other rules as in the Commissioner’s judgment seem most conducive
to a proper use of the highways.
(b) The Commissioner shall adopt rules under 3 V.S.A. chapter 25 governing the conditions to be incorporated in the permit. These rules shall also
assign each condition to one of three categories, depending on the seriousness of
a violation of the condition.
(c) Violation of a rule adopted under this section shall constitute a traffic violation.
(d) A person who violates a rule adopted under this section shall be subject to the following
penalties: $100.00 for a Category I violation; $200.00 for a Category II violation;
and $300.00 for a Category III violation. (Amended 1969, No. 212 (Adj. Sess.), § 2, eff. March 25, 1970; 1997, No. 120 (Adj. Sess.), § 9b, eff. Aug. 1, 1998; 2025, No. 18, § 42, eff. May 13, 2025.)
§ 1402. Overweight, width, height, and length permits; fees
(a) Overweight, overwidth, indivisible overlength, and overheight permits. Overweight, overwidth, indivisible overlength, and overheight permits shall be signed
by the Commissioner or by the Commissioner’s agent and a copy shall be kept in the
office of the Commissioner or in a location approved by the Commissioner. Except as
provided in subsection (c) of this section, a copy shall also be available in the
towing vehicle and must be available for inspection on demand of a law enforcement
officer. Before operating a traction engine, tractor, trailer, motor truck, or other
motor vehicle, the person to whom a permit to operate in excess of the weight, width,
indivisible overlength, and height limits established by this title is granted shall
pay a fee of $48.00 for each single trip permit or $135.00 for a blanket permit, except
that the fee for a fleet blanket permit shall be $135.00 for the first unit and $8.00
for each unit thereafter. At the option of a carrier, an annual permit for the entire
fleet, to operate over any approved route, may be obtained for $135.00 for the first
tractor and $8.00 for each additional tractor, up to a maximum fee of $1,000.00. The
fee for a fleet permit shall be based on the entire number of tractors owned by the
applicant. An applicant for a fleet permit may apply for any number of specific routes,
each of which shall be reviewed with regard to the characteristics of the route and
the type of equipment operated by the applicant. When the weight or size of the vehicle-load
are considered sufficiently excessive for the routing requested, the Agency of Transportation
shall, on request of the Commissioner, conduct an engineering inspection of the vehicle-load
and route, for which a fee of $300.00 will be added to the cost of the permit if the
load is a manufactured home. For all other loads of any size or with gross weight
limits less than 150,000 pounds, the fee shall be $800.00 for any engineering inspection
that requires up to eight hours to conduct. If the inspection requires more than eight
hours to conduct, the fee shall be $800.00 plus $60.00 per hour for each additional
hour required. If the vehicle and load weigh 150,000 pounds or more but not more than
200,000 pounds, the engineering inspection fee shall be $2,000.00. If the vehicle
and load weigh more than 200,000 pounds but not more than 250,000 pounds, the engineering
inspection fee shall be $5,000.00. If the vehicle and load weigh more than 250,000
pounds, the engineering inspection fee shall be $10,000.00. The study must be completed
prior to the permit being issued. Prior to the issuance of a permit, an applicant
whose vehicle weighs 150,000 pounds or more, or is 15 or more feet in width or height,
shall file with the Commissioner a special certificate of insurance showing minimum
coverage of $250,000.00 for death or injury to one person, $500,000.00 for death or
injury to two or more persons, and $250,000.00 for property damage, all arising out
of any one crash.
(b) Overlength permits. Except as provided in subsections 1432(c) and (e) of this title, it shall be necessary
to obtain an overlength permit as follows:
(1) For vehicles with a trailer or semitrailer longer than 75 feet, anywhere in the State
on highways approved by the Agency of Transportation. In such cases, the vehicle may
be operated with a single trip overlength permit issued by the Department of Motor
Vehicles for a fee of $34.00. If the vehicle is 100 feet or more in length, the permit
applicant shall file with the Commissioner of Motor Vehicles a special certificate
of insurance showing minimum coverage of $250,000.00 for death or injury to one person,
$500,000.00 for death or injury to two or more persons, and $250,000.00 for property
damage, all arising out of any one crash.
(2) [Repealed.]
(c) Prepayment of permit fees. The Commissioner of Motor Vehicles may accept prepayments of fees under section 1400 of this title. A prepayment shall be credited to the account of the person making the prepayment
and the account shall be reduced to the extent of any fees due from that person under
this section; provided, however, fees may not be charged to the account in excess
of the account balance. Upon oral application of any person having prepaid fees, the
Commissioner may issue a permit with an identifying number, and the permit shall become
effective immediately. Upon application, the Commissioner shall return any unused
portion of the prepayment to the person originally making the prepayment.
(d) [Repealed.]
(e) “Low-bed” trailer permit.
(1) The Commissioner may issue an annual permit to allow the transportation of a so-called
“low-bed” trailer. A “low-bed” trailer is defined as a trailer manufactured for the
primary purpose of carrying heavy equipment on a flat-surfaced deck, which deck is
at a height equal to or lower than the top of the rear axle group.
(2) A blanket permit may be obtained for an annual fee of $275.00 per unit, provided the
total vehicle length does not exceed 75 feet, does not exceed a loaded width of 12′6″,
does not exceed a total weight of 108,000 lbs., and has a height not exceeding 14
feet.
(3) Warning signs and flags shall be required if the vehicle exceeds 75 feet in length
or exceeds 8′6″ in width.
(4) [Repealed.]
(f) Single trip permit; duration. A single trip permit issued under this section shall be valid for seven business days. (Amended 1959, No. 106, eff. April 14, 1959; 1969, No. 212 (Adj. Sess.), § 3, eff. March 25, 1970; 1987, No. 95, § 2, eff. June 23, 1987; 1989, No. 51, § 44; 1995, No. 47, §§ 11, 12, eff. April 20, 1995; 1995, No. 183 (Adj. Sess.), § 18m, eff. May 22, 1996; 1997, No. 46, §§ 1-3; 1999, No. 154 (Adj. Sess.), § 15, eff. Aug. 1, 2000; 2003, No. 70 (Adj. Sess.), § 30, eff. March 1, 2004; 2007, No. 153 (Adj. Sess.), § 8; 2009, No. 50, § 52; 2009, No. 123 (Adj. Sess.), § 56; 2013, No. 189 (Adj. Sess.), § 19; 2015, No. 159 (Adj. Sess.), § 43; 2017, No. 71, § 15, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 204; 2023, No. 78, § G.136, eff. January 1, 2024.)
§ 1403. Expiration or revocation
Blanket permits shall expire at the same time as the vehicle’s registration but may
be revoked for cause by the Commissioner of Motor Vehicles with or without hearing. (Amended 1969, No. 212 (Adj. Sess.), § 4, eff. March 25, 1970; 1987, No. 95, § 1, eff. June 23, 1987; 2003, No. 109 (Adj. Sess.), § 11.)
§ 1404. Bond required
In his or her discretion, the Commissioner of Motor Vehicles shall require the applicant
to file a bond of certificate of insurance in such amount as in his or her judgment
seems adequate to cover any probable damage that may be occasioned by the use and
operation of such tractor, trailer, motor truck, or other motor vehicle, executed
by the applicant as principal and by a surety company authorized to transact business
in this State as surety, conditional to pay all injuries or damages sustained by the
State or by any municipality or person in consequence of the failure to comply with
the provisions of such permit, or the excessive weight allowed by such permit, or
the careless, negligent, or unlawful act of such principal or his or her agents or
servants. (Amended 1969, No. 212 (Adj. Sess.), § 5, eff. March 25, 1970.)
§ 1405. Actions against the bond
The State, a person, or a municipal corporation injured by any careless, negligent,
or unlawful act of or failure of the principal or his or her agents or servants to
comply with the provisions of such permit or on account of the injury to a highway,
bridge, or culvert because of the excessive weight allowed by such permit, and, if
the death of any person is caused by any careless, negligent, or unlawful act as aforesaid,
the executor or administrator, shall have a right of action in the name of the obligee
named in such bond for his or her, its, or their use and benefits against the principal
and surety named in such bond and may prosecute the same to final judgment and execution. (Amended 1961, No. 281, § 7.)
§ 1406. Federally owned vehicles
In case of oilers, tractors, rollers, dump wagons, and other road machinery and trucks,
tractors, and trailers owned and operated by the federal government, a permit may
be issued by the Commissioner of Motor Vehicles. The furnishing of a bond in such
cases shall be in the discretion of such Commissioner. (Amended 1969, No. 212 (Adj. Sess.), § 6, eff. March 25, 1970.)
§ 1407. Operation of overweight vehicles
A motor truck, truck tractor, tractor, trailer, or other vehicle, machine, or contrivance
shall not be operated over the highways of the State of Vermont in violation of any
provision of this title relative to the weight of the vehicle, machine, or contrivance.
In a prosecution for these violations, the proper defendant shall be either the owner
or lessee of the vehicle, machine, or contrivance or the person who moves or operates
the vehicle, machine, or contrivance. (Amended 1971, No. 228 (Adj. Sess.), § 23; 1995, No. 89 (Adj. Sess.), § 1.)
§ 1408. Operating vehicle in excess of registered capacity
A motor truck, tractor, trailer, or other vehicle, machine, or contrivance shall not
be operated or moved upon any highway with a gross weight, including load and vehicle,
greater than the total registered weight of the vehicle and the declared registered
capacity thereof and a tolerance of five percent. In a prosecution for a violation
of this section, the proper defendant shall be either the owner or lessee of the vehicle,
machine, or contrivance or the person who operates the vehicle, machine, or contrivance.
This section shall not apply to the operation of a motor truck, tractor, trailer,
or other vehicle, machine, or contrivance while being operated strictly in compliance
with and in conformity to the provisions of a permit so to do issued by the Commissioner
of Motor Vehicles as otherwise provided in this title. (Amended 1959, No. 97, eff. April 8, 1959; 1969, No. 212 (Adj. Sess.), § 7, eff. March 25, 1970; 1971, No. 228 (Adj. Sess.), § 24; 1983, No. 86, § 4; 1995, No. 89 (Adj. Sess.), § 2.)
§ 1409. Weighing of vehicles
Any uniformed police officer, having reason to believe that the weight of the vehicle
and load is unlawful, may stop such motor vehicles up to one hour for the purpose
of determining the weight of said vehicle and load. If the operator does not wish
to submit to the weighing of such vehicle and load by means of portable scales, he
or she may demand that such vehicle be weighed at the nearest public scales reasonably
available; however, if public scales are not reasonably available, the officer may
require the vehicle to be weighed on portable scales. The officer may demand that
the vehicle be weighed at the nearest public scales reasonably available. (Amended 1977, No. 177 (Adj. Sess.), § 5, eff. May 1, 1978; 1983, No. 86, § 5.)
§ 1410. Removal of overloads
(a)(1) When the gross weight of such vehicle and load is determined to be at least 10,000
lbs. in excess of the weight limits for such trucks on such highways, the enforcement
officer may require that such portion of the load that is found to be in excess of
these weights be removed.
(2) When it is determined that portions of these loads referred to in this section must
be removed, the truck may be driven to a suitable place for such removal. The enforcement
officer may require that portions be removed onto another motor vehicle.
(b) Dispositions of property referred to in subsection (a) of this section shall be treated
under the provisions of section 1413 of this title. (Amended 1983, No. 86, § 6.)
§ 1411. Refusal to weigh vehicle or remove overload
An operator of a motor truck shall not fail or refuse to stop or submit the vehicle
and load to weighing, or fail or refuse when directed by an officer upon weighing
of the vehicle to stop the vehicle and otherwise comply with the provisions of sections
1409 and 1410 of this title. A person violating this section or section 1410 shall be fined not less than $500.00
nor more than $2,500.00 and, at the time of the violation, the officer may impound
the vehicle and have it weighed and after weighing and upon payment of towing charges,
the vehicle shall be released or disposed of under the provisions of section 1413 of this title. Notwithstanding the provisions of section 1412 of this title, a violator may have sanctions imposed under the provisions of this section and be
additionally fined for violation of other weight regulations provided for by this
subchapter. (Amended 1971, No. 228 (Adj. Sess.), § 25; 1977, No. 177 (Adj. Sess.), § 6, eff. May 1, 1978; 1983, No. 86, § 7.)
§ 1412. Multiple weight violations
No more than one overweight violation per vehicle shall be written by an enforcement
officer at any single incident. (Added 1977, No. 177 (Adj. Sess.), § 11, eff. May 1, 1978.)
§ 1413. Disposition of impounded vehicles and loads
(a) Rights of owner of load. The title to the load on an impounded vehicle or combination remains in the owner
who may repossess the load at any time upon presentation of proof of ownership to
the sheriff. If the load spoils during impoundment the loss shall be on the owner
subject to any right of recovery of damages that the owner may have against the owner
of the vehicle or combination or against any other party, and the costs of disposition
of the load shall be recoverable in addition to the costs of prosecution.
(b) Sale of unclaimed vehicle or load. In case any impounded vehicle or combination is unredeemed, or the load is unclaimed,
for a period of 60 days after notice of impoundment is given, it shall be sold at
a public sale by the sheriff upon order of the issuing authority and after 10 days
notice of sale to the owners, lienholders, or secured parties of the vehicle or load
except that if the sheriff determines it to be necessary to preserve their value,
goods that may spoil may be sold in any commercially reasonable manner prior to expiration
of the 60-day period and, if impractical to do so, without giving notice to the owners,
lienholders, or secured parties.
(c) Disposition of proceeds of sale. The proceeds of sale shall first be applied to the payment of the fine and costs,
and secondly, to the payment of the encumbrances. The balance shall be remitted to
the owner. (Added 1983, No. 86, § 9.)
§ 1414. Reciprocal enforcement
(a) It is the intent of the General Assembly that the Commissioner make a reasonable effort
to reach agreement with the New England states and New York with respect to a uniform
size and weight of motor vehicles to be allowed to operate on the public highways
of those jurisdictions and Vermont. The agreement should, to the extent possible,
find a balance between the free flow of commerce and the safety of the users on the
highways.
(b) The Commissioner may enter into agreements with other states, the District of Columbia,
and Canadian provinces providing for the reciprocal enforcement of the overweight
or over dimension vehicle permit laws of those jurisdictions entering into the agreement.
The agreement is allowed to conflict with sections 1400 through 1408 of this title provided that the overall effect of the interstate agreement maintains standards
that are generally comparable to those presently in effect in Vermont, in which case
the terms of the agreement shall govern as to vehicles issued permits pursuant to
the agreement. (Added 1987, No. 95, § 1, eff. June 23, 1987; amended 1997, No. 46, § 4.)
§ 1415. Transfer of weight permits
(a) Weight permits issued pursuant to this subchapter may be transferred from one vehicle
to another vehicle. If the permit fee of the motor vehicle for which a permit is
sought is less than the permit fee for the transferred motor vehicle, the Commissioner
shall certify to the Commissioner of Finance and Management the facts pertinent to
the difference of the permit fees, giving the name of the owner of the motor vehicle,
his or her address, the amount of the original permit fee paid, the date of application
for transfer, and the correct fee for the motor vehicle for which the permit is sought.
The Commissioner of Finance and Management shall issue his or her warrant in favor
of the owner for the percent of the difference in permit fees as the unexpired term
bears to the entire permit period. If the permit fee for the motor vehicle for which
a permit is sought is greater than the permit issued to the transferred vehicle, the
permit applicant shall pay the difference based on the prorated term remaining on
the permit. If a transfer of the permit is made before the 15th day of any month,
the transfer shall be considered as having been made on the first day of the month.
If the transfer of a permit is made on or after the 15th day of any month, the transfer
shall be considered as having been made on the first day of the month following the
application for transfer.
(b) Transfers issued pursuant to subsection (a) of this section shall only be permitted
if the applicant or an authorized representative appears at the Department of Motor
Vehicles’ office in Montpelier. Such transfers shall be permitted by mail, if the
transfer is between vehicles registered at the same weight. (Added 1987, No. 187 (Adj. Sess.), § 3.)
§ 1431. Height and width limits
(a) Except for the provisions of subsection (c) of this section, motor vehicles and loads
shall not exceed eight and one-half feet in width or 13 feet six inches in height.
The term width shall mean the total width of the vehicle and load, excluding safety
devices as determined by the Commissioner that may extend up to three inches on each
side of the vehicle. The height and width limits of this section shall not apply to
snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels,
dump wagons, trucks, highway building equipment, and road-making appliances employed
on highway maintenance or on highway construction when operated within a construction
area, or to vehicles employed by municipalities for transportation and disposal of
nontoxic residual waste sludge from wastewater and water treatment facilities while
used for those purposes, nor shall the limits apply to traction engines, tractor,
trailer, or motor trucks operated on a public highway under a permit from the Commissioner
of Motor Vehicles as provided in section 1400 of this title. Nothing in this section shall prohibit the use of the stop arm described in section 1281a of this title, and no permit shall be required.
(b) In his or her discretion, with or without hearing, the Commissioner of Motor Vehicles,
or his or her agent, upon application, may issue annually to dealers in farm tractors
or other farm implements overwidth permits to transport or draw upon a highway such
farm implements as are more than eight and one-half feet in width but not more than
13 feet in width, when such operation is necessary to the conduct of such business,
during the period from sunrise to sunset, provided at least two red flags not smaller
than 12 inches square be displayed on the left front and rear of each vehicle or implement
or combination thereof in such manner as to be clearly visible from the front and
rear for a distance of at least 500 feet, except that no vehicles, implements, or
combinations thereof shall be operated on any highway after 10:00 a.m. on any Sunday
or legal holiday, except on trips not in excess of two miles, nor upon any highway
at any time on which operation is prohibited by order of the Commissioner.
(c) The total outside width of a motor home, as defined in 32 V.S.A. § 8902(11), or a trailer coach as defined in subdivision 4(41) of this title, may exceed eight and one-half feet if the excess width is attributable to an appurtenance
that extends no more than six inches beyond the body of the vehicle. The term “appurtenance”
does not include any item that is temporarily affixed to the exterior of the vehicle
by the vehicle’s owner for the purpose of transporting the item from one location
to another, but does include the following:
(1) an awning and its support hardware; and
(2) any appendage that is intended to be an integral part of a motor home or trailer coach
that is installed by a manufacturer or dealer.
(d)(1) A person, firm, or corporation whose land is divided by a public highway may operate
across the highway, at approximate right angles to the centerline, an unregistered
vehicle with or without a load having a width in excess of eight and one-half feet
or a height in excess of 13 feet six inches and that, if used on highway construction,
would be defined as motorized highway building equipment, provided that the person,
firm, or corporation shall first:
(A) have applied to and received from the selectboard of the town or the aldermen or city
council of the city in which the land and highway are located a permit in writing
specifying the vehicle covered and the point where, time when, and under what conditions
the crossing may be made;
(B) have applied to and received from the Commissioner of Motor Vehicles a certificate
in writing that the vehicle listed in the permit issued by the selectboard or aldermen
or city council meets the conditions the Commissioner may impose as to type and size
and, further, that the operation of it across the highway will not damage the highway.
(2) The Commissioner may impose conditions regarding size of load or highway surface protection
as he or she deems necessary.
(3) A fee of $35.00 shall be paid to the town or city for each permit and the permit shall
not cover more than one vehicle. The permit shall be valid for a period of one year
from the date of issue. A similar fee of $35.00 shall be paid to the State for each
certificate issued by the Commissioner and the certificate shall not cover more than
one vehicle and shall be valid for a period of one year from the date of issue.
(4) Provided that the terms and conditions are complied with, no registration of the vehicle
shall be required under any other section of this title, nor shall permits of any
kind or type be required under any other section of this title. (Amended 1961, No. 286, § 5, eff. Aug. 1, 1961; 1963, No. 62, § 2, eff. April 30, 1963; 1969, No. 49, § 2; 1969, No. 212 (Adj. Sess.), § 8, eff. March 25, 1970; 1971, No. 55, § 1; 1975, No. 213 (Adj. Sess.), § 3, eff. April 1, 1976; 1983, No. 74, § 4, eff. April 28, 1983; 1987, No. 95, § 4, eff. June 23, 1987; 2001, No. 18, § 2, eff. May 8, 2001; 2015, No. 47, § 33; 2017, No. 132 (Adj. Sess.), § 15.)
§ 1432. Length of vehicles
(a) Operation of vehicles with or without a trailer or semitrailer. No motor vehicle without a trailer or semitrailer attached, which is longer than 46
feet overall, shall be operated upon any highway except under special permission from
the Commissioner of Motor Vehicles. A motor vehicle with a trailer or semitrailer
shall be operated, with regard to the length of the vehicle, pursuant to this section.
If there is a trailer or semitrailer, the distance between the kingpin of the semitrailer
to the center of the rearmost axle group shall not exceed 41 feet. An “axle group”
is defined as two or more axles where the centers of all the axles are spaced at an
equal distance apart.
(1) Vehicles with a trailer or semitrailer not exceeding 75 feet. If the overall length of a vehicle with a trailer or semitrailer does not exceed
75 feet, it may be operated without a permit.
(2) Use of vehicles with a trailer or semitrailer longer than 75 feet by a Vermont shipper
or receiver of goods. A receiver or shipper of goods located in Vermont may request from the Agency of
Transportation access to a State highway for a commercial motor vehicle where the
overall length exceeds 75 feet. If the total vehicle length is in excess of 75 feet
or the distance from the steering axle to the rearmost tractor axle is longer than
25 feet, a permit may be requested from the Commissioner. In that event, the Agency
of Transportation shall review the route or routes requested, making its determination
for approval based on safety and engineering considerations, after considering input
from local government and regional planning commissions or the metropolitan planning
organization. The Agency shall maintain consistency in its application of acceptable
highway geometry when approving other routes. The Agency may authorize safety precautions
on these highways, if warranted, that shall include precautionary signage, intelligent
transportation system signage, special speed limits, and use of flashing lights.
(3) Vehicles with a trailer or semitrailer longer than 75 feet. If the overall length of a vehicle with a trailer or semitrailer is longer than 75
feet, a permit may be issued pursuant to subdivision 1402(b)(1) of this title.
(b) Rear-end protective devices on trailers. A trailer or semitrailer not in excess of 53 feet may be operated, provided the semitrailer
is equipped with a rear-end protective device of substantial construction consisting
of a continuous lateral beam extending to within four inches of the lateral extremities
of the semitrailer and located not more than 22 inches from the surface as measured
with the vehicle empty and on a level surface.
(c) [Repealed.]
(d) Operation of pole semitrailers. The provisions of this section shall not be construed to prevent the operation of
so-called pole dinkeys or pole semitrailers when being used to support the ends of
poles, timbers, pipes, or structural members capable, generally, of sustaining themselves
as beams between the supporting connections, the overall length of which may exceed
75 feet under special permission from the Commissioner of Motor Vehicles.
(e) Operation on interstate highways. Notwithstanding subsection (a) of this section, on the Dwight D. Eisenhower National
System of Interstate and Defense Highways and those classes of qualifying Federal-aid
Primary System highways as designated by the Secretary of the U.S. Department of Transportation,
and on highways leading to or from the Dwight D. Eisenhower National System of Interstate
and Defense Highways for a distance of one mile, unless the Agency of Transportation
finds the use of a specific highway to be unsafe, no overall length limits for tractor-semitrailer
or tractor semitrailer-trailer combination shall apply. On these highways, no semitrailer
in a tractor-semitrailer combination longer than 53 feet and no trailer or semitrailer
in a tractor-semitrailer-trailer combination longer than 28 feet shall be operated.
However, the limits established by this section shall not be construed in such a manner
as to prohibit the use of semitrailers in a tractor-semitrailer combination of such
dimensions as were in actual and lawful use in this State on December 1, 1982.
(f) [Repealed.] (Amended 1959, No. 99; 1963, No. 62, § 3, eff. April 30, 1963; 1971, No. 55, § 2; 1973, No. 15; 1977, No. 41, § 3, eff. April 19, 1977; 1983, No. 74, § 2, eff. April 28, 1983; 1985, No. 124 (Adj. Sess.), § 8, eff. April 18, 1986; 1987, No. 95, § 5, eff. June 23, 1987; 1987, No. 157 (Adj. Sess.), § 1, eff. April 27, 1988; 1991, No. 65, eff. June 18, 1991; 1995, No. 183 (Adj. Sess.), § 18g, eff. May 22, 1996; 1997, No. 120 (Adj. Sess.), § 9c; 1999, No. 154 (Adj. Sess.), § 17, eff. Aug. 1, 2000; 2007, No. 164 (Adj. Sess.), § 43; 2009, No. 50, § 102; 2011, No. 164 (Adj. Sess.), § 4; 2017, No. 71, § 16, eff. June 8, 2017; 2021, No. 20, § 247; 2021, No. 55, § 10, eff. July 1, 2022; 2023, No. 6, § 254, eff. July 1, 2023.)
§ 1433. Reasonable access
Reasonable access, within the meaning of 19 V.S.A. § 1111, shall be permitted to those vehicles operating pursuant to the provisions of subsections
1302(c) and 1432(e) of this title between the Dwight D. Eisenhower National System of Interstate and Defense Highways
and any other qualifying Federal-aid Primary System highways, as designated by the
Secretary of the U.S. Department of Transportation and the Vermont Secretary of Transportation,
and terminals; facilities for food, fuel, repairs, and rest; and points of loading
and unloading for household goods carriers. The Vermont Secretary of Transportation
shall by rule pursuant to 3 V.S.A. chapter 25 either designate those portions of the public highways over which such reasonable
access shall be permitted or provide for the issuance of permits to allow reasonable
access. However, permits shall not be required for tractor-semi-trailer combinations
designed for the transportation of automobiles and having provision for transporting
motor vehicles on part of the power unit provided the combinations comply with the
provisions of subsection 1432(a) of this title. (Added 1983, No. 74, § 3, eff. April 28, 1983; amended 1987, No. 95, § 6, eff. June 23, 1987; 2015, No. 47, § 35; 2019, No. 149 (Adj. Sess.), § 15; 2021, No. 20, § 248.)
§ 1434. Operation in excess of weight, height, or width limits; penalties
(a) General limits. The operation of a vehicle on a public highway in excess of the legal height, width,
or length limits as prescribed in section 1431 or 1432 of this subchapter without
first obtaining a permit to operate the vehicle, whether or not a permit is available,
shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $300.00 for a first offense, $600.00 for a
second offense within a two-year period, and $800.00 for a third or subsequent offense
within a two-year period.
(b) Permit limits. The operation of a vehicle on a public highway in excess of the legal height, width,
or length limits as prescribed in section 1431 or 1432 of this subchapter in violation
of the terms of a permit issued in conformance with section 1400 of this subchapter
shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $300.00 for a first offense, $600.00 for a
second offense within a two-year period, and $800.00 for a third or subsequent offense
within a two- year period.
(c) Covered bridges. The operation of a vehicle in excess of the legal limits designated for a covered
bridge under section 1397a of this subchapter or applicable under subdivisions 1392(1)
and (2) of this subchapter shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $1,000.00 or, if the violation results in substantially
impeding the flow of traffic, $2,000.00. For a second or subsequent conviction within
a three-year period, the applicable penalty shall be doubled.
(d) Refusal to issue a permit. In the case of a violation under subsection (a) of this section, the Commissioner
may refuse to issue a permit to the violator under section 1400 of this subchapter
for a period not to exceed three months if the owner or lessee commits four or more
violations within a two-year period. If the holder of a permit commits four or more
violations under subsection (b) of this section within a two-year period, the Commissioner
may suspend, for a period not to exceed three months, any permit issued to the violator
under section 1400 of this subchapter. For the purposes of this section, the owner
or lessee of the vehicle shall be considered the holder of, or applicant for, the
permit. (Added 1995, No. 119 (Adj. Sess.), § 11, eff. April 25, 1996; amended 1997, No. 46, § 5; 1997, No. 120 (Adj. Sess.), § 9e; 2015, No. 47, § 34; 2019, No. 131 (Adj. Sess.), § 205; 2021, No. 184 (Adj. Sess.), § 49, eff. July 1, 2022.)
§ 1435. Enforcement plan
It is the intention of the General Assembly that the Departments of Motor Vehicles
and Public Safety, in conjunction with other law enforcement entities throughout the
State, produce a coordinated statewide truck enforcement, safety, and training plan.
The plan shall provide for a common philosophy and approach to commercial vehicle
enforcement while recognizing the different focus and responsibilities of each entity.
The plan shall also provide for training of commercial vehicle enforcement officers
as well as a process to ensure effective communication of information between enforcement
personnel, the over dimension permitting unit, and members of the trucking industry.
In addition, the plan shall provide for periodic informational meetings with municipalities,
groups of municipalities, regional entities, and the general public. (Added 1997, No. 46, § 6; amended 1997, No. 120 (Adj. Sess.), § 9g.)
§ 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund
A Statewide Municipal Commercial Motor Vehicle Enforcement Fund is created for the
purpose of supporting commercial motor vehicle law enforcement initiatives in the
State. The Fund shall be administered by the Commissioner of Motor Vehicles. Municipalities
may apply to the Commissioner on forms supplied by the Department of Motor Vehicles.
Funds distributed to municipalities, which shall not exceed $12,000.00 annually per
municipality under this section, shall be used for training of municipal law enforcement
officers for commercial motor vehicle enforcement, temporary replacement officers
for those municipal law enforcement officers receiving commercial motor vehicle enforcement
training, and other municipal commercial motor vehicle enforcement uses as determined
by the Commissioner. The Commissioner shall ensure that the activities of the commercial
motor vehicle law enforcement initiative are consistent with those of the enforcement
plan produced pursuant to section 1435 of this title. (Added 1997, No. 120 (Adj. Sess.), § 9h; amended 1999, No. 154 (Adj. Sess.), § 18; 2003, No. 160 (Adj. Sess.), § 52, eff. June 9, 2004.)
§ 1437. Exception for towaway trailer transporter combination
(a) As used in this section:
(1) “Towaway trailer transporter combination” means a combination of vehicles consisting
of a trailer transporter towing unit and two trailers or semitrailers with a total
weight that does not exceed 26,000 pounds and in which the trailers or semitrailers
carry no property and constitute inventory property of a manufacturer, distributor,
or dealer of such trailers or semitrailers.
(2) “Trailer transporter towing unit” means a power unit that is not used to carry property
when operating in a towaway trailer transporter combination.
(b) Notwithstanding sections 1391-1398 of this title, a towaway trailer transporter combination may be operated on the Dwight D. Eisenhower
System of Interstate and Defense Highways, those classes of qualifying Federal-aid
Primary System highways as designated by the Secretary of the U.S. Department of Transportation,
and on highways leading to or from the Dwight D. Eisenhower System of Interstate and
Defense Highways for a distance of one mile or less without a permit if the overall
length does not exceed 82 feet unless the Vermont Secretary of Transportation finds
the use of a specific highway to be unsafe. (Added 2019, No. 149 (Adj. Sess.), § 15a.)
§ 1451. Loads on passenger cars
No person shall operate a passenger type motor vehicle upon any highway with any load
carried thereon extending beyond the line of the fenders on the left side of such
vehicle nor extending more than six inches beyond the line of the fenders on the right
side thereof, nor when any baggage or other object is carried in a way to obscure
either number plate or any light on such vehicle.
§ 1452. Securing loads of wood or wood products
(a) As used in this section:
(1) “Load” means the total of wood or wood products being carried.
(2) “Tier” means the total vertical height of all wood or wood products arranged individually
or in layers, or in bundles placed one above the other.
(3) “Binding” means chain, wire rope, steel cable, steel strapping, or nylon webbing together
with tightening device.
(b) A person may not operate a motor truck, truck tractor, trailer, or semi-trailer on
a public highway carrying wood or wood products unless the load is securely fastened
to the vehicle and each load or tier up to a length of five feet inclusive shall be
fastened with one binding; if the length exceeds five feet but does not exceed 10
feet, it shall be fastened with two bindings; if the length exceeds 10 feet, it shall
be fastened with three bindings.
(c) The ends of any bindings, whether the vehicle is loaded or unloaded, shall be so secured
that loose ends do not endanger pedestrians, motorists, or other vehicles using the
highway.
(d) Any bindings used for securing loads of wood or wood products as required under this
section shall have a capacity of at least 2,750 pounds working load limit as rated
by the manufacturer.
(e) This section shall not be construed to include a truck transporting lumber, wood,
or sawmill wastes, when transported in a box-type body with solid sides, provided
that such truck is not loaded higher than its side-boards. (Amended 1967, No. 326 (Adj. Sess.); 1971, No. 118, eff. April 26, 1971; 2019, No. 131 (Adj. Sess.), § 206; 2023, No. 85 (Adj. Sess.), § 297, eff. July 1, 2024.)
§ 1453. Baled products
(a)(1) An individual shall not operate a motor vehicle loaded with baled hay or straw or
other baled products with any portion of the load extending beyond the front end of
the vehicle bed; with the exception that a load extension is permitted beyond the
front end of a truck bed, over the driver’s compartment or sleeping berth, provided
this portion of the load is supported by permanent and substantial steel frame construction.
Loads of baled hay, straw, or other baled products shall be solidly packed while in
transit.
(2) Such loads, unless supported by substantially constructed sideboards or rack type
bodies, shall be fastened securely to the vehicle by not less than two longitudinal
binders and by a cross binder for each tier of baled hay or straw or other baled products,
such binders to be of sufficient strength to hold such load in place. Such loads may
be transported without sideboards and the binders specified in this subdivision if
fastened by any commercial binding device equal or superior to the provisions set
forth in this section. Such commercial binding device shall be approved by the Department
of Motor Vehicles.
(b) The provisions of subsection (a) of this section shall not apply to a farmer engaged
in farming operations where such transportation requires that he or she use the public
highways; provided, however, that the farmer loads and transports the loads in a reasonably
safe manner.
(c) Any enforcement officer may stop and inspect vehicles in respect to compliance with
the provisions of this section, and if it is found that the load is being transported
in violation of this section, the enforcement officer may arrest without warrant and
shall prohibit the operator of such vehicle from continuing en route until the load
has been made to comply with this section. (Amended 1971, No. 228 (Adj. Sess.), § 32; 2019, No. 131 (Adj. Sess.), § 207.)
§ 1454. Securing loads
(a) A person shall not operate a motor vehicle nor draw a trailer or semi-trailer on a
highway unless the motor vehicle, trailer, or semi-trailer is so constructed and loaded
that it will create no hazard to other users of the highway.
(b) The Commissioner may, by rule, impose design and load security requirements, consistent
with nationally recognized safety standards, upon motor vehicles, trailers, and semi-trailers
in order to provide for the safe and secure transport of any loads. (1961, No. 62, §§ 1, 2; amended 1971, No. 228 (Adj. Sess.), § 32; 1997, No. 46, § 7.)
§ 1455. Carrying of permits in the permitted motor vehicle
All permits issued pursuant to this subchapter shall be carried in the motor vehicle
in either paper or electronic form. Use of a portable electronic device to display
an electronic permit does not in itself constitute consent for an enforcement officer
to access other contents of the device. The civil penalty for violation of this section
shall be $150.00. A violation of this section shall be considered an offense separate
from any other related violations. (Added 2023, No. 41, § 24, eff. June 1, 2023.)