The Vermont Statutes Online

Title 23: Motor Vehicles

Chapter 015: Powers of Enforcement Officers

• Subchapter 001: GENERAL PROVISIONS [EFFECTIVE JULY 1, 2025]

• Subchapter 1. General Provisions [Effective July 1, 2025]

  (Added 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025.)

• § 1601. Identification of motor vehicles

  The Commissioner, his or her deputies, and all enforcement officers may at all times, with or without process, stop any motor vehicle to examine identification numbers and marks thereon and raise the hood or engine cover if necessary to accomplish their purpose, and may demand and inspect the driver’s license, registration certificate, and permits. They may also at all times, with or without process, enter public garages, parking places, and public buildings where motor vehicles are stored or kept, for the purpose of examining identification numbers and marks thereon and may also, in like manner, examine any motor vehicle standing in any public place or way. They may in like manner examine any motor vehicle to ascertain whether its equipment complies with the requirements of law relating to motor vehicles.

• § 1602. Traffic control

  The Commissioner and enforcement officers may control and direct motor vehicle traffic. They may arrest violators of the motor vehicle laws and the laws relative to lights on teams, on view without process, and take such persons before a court having jurisdiction of the offense. They may control and direct all vehicles in places of traffic congestion.

• § 1603. Investigation of crashes

  The Commissioner of Public Safety shall immediately after receiving notice of a crash where a personal injury occurs, and, in case of notice of a crash where an injury occurs to property, may cause such crash to be investigated by an enforcement officer, and where such investigation reveals facts tending to show culpability on the part of any motor vehicle owner or operator, he or she shall cause such facts to be reported to the State’s Attorney of the county where the crash occurred. The State’s Attorney shall further investigate the crash and may hold an inquest as provided by 13 V.S.A. §§ 5131-5137. After such investigation or inquest, he or she shall immediately report to the Commissioner of Motor Vehicles the result thereof together with his or her recommendation as to the suspension of the license of the operator of any motor vehicle involved in the crash. (Amended 2021, No. 76, § 4.)

• § 1603a. Reports of crashes

  (a) All crashes involving a commercial motor vehicle or any vehicle displaying a hazardous materials placard shall be reported to the Agency of Transportation by appropriate law enforcement personnel on forms and in a manner prescribed by the Secretary of Transportation.

  (b) Law enforcement officers who investigate motor vehicle crashes other than those involving vehicles described in subsection (a) of this section shall forward a report to the Agency of Transportation within 30 days after the crash is investigated on forms prescribed and furnished by the Secretary of Transportation and approved by the Attorney General with respect to any matter affecting the substantive rights of any person. (Added 1999, No. 154 (Adj. Sess.), § 20, eff. Oct. 1, 2000; amended 2009, No. 39, § 4.)

• § 1603b. Agency of Transportation repository for crash reports filed by law enforcement; Department of Motor Vehicles repository for operator crash reports

  The Agency of Transportation shall be the crash data repository for reports submitted by law enforcement agencies in the State. The Department of Motor Vehicles shall be the repository agency for all operator crash reports. (Added 2009, No. 39, § 5.)

• § 1604. Seizure of motor vehicles

  An enforcement officer, without process, may seize a motor vehicle, snowmobile, motorboat, or all-terrain vehicle found by him or her on which the manufacturer’s serial or motor number or any of the identifying numbers placed on the motor vehicle, snowmobile, motorboat, or all-terrain vehicle by the manufacturer of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle or any of the parts thereof have been obliterated, defaced, or tampered with, or when in his or her judgment the motor vehicle, snowmobile, motorboat, or all-terrain vehicle has been stolen, and may retain possession of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle until the Commissioner or State’s Attorney of the county where the vehicle, snowmobile, motorboat, or all-terrain vehicle is found is satisfied as to the rightful ownership thereof. Immediately on the seizure of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle, the officer shall report the same, together with all the facts obtainable by him or her, to the Commissioner, and the officer shall notify the State’s Attorney of the county in which the motor vehicle, snowmobile, motorboat, or all-terrain vehicle was seized and cause the ownership of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle to be investigated. (Amended 2007, No. 19, § 5.)

• Subchapter 002: AUTOMATED LAW ENFORCEMENT [EFFECTIVE JULY 1, 2025]

• Subchapter 2. Automated Law Enforcement [Effective July 1, 2025]

  (Added 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025.)

• § 1606. Automated traffic law enforcement systems; speeding [Effective July 1, 2025]

  (a) Use. Deployment of ATLE systems on behalf of the Agency of Transportation by a third party pursuant to subsection (b) of this section is intended to investigate the benefits of automated law enforcement for speeding violations as a way to improve work crew safety and reduce traffic crashes resulting from an increased adherence to traffic laws achieved by effective deterrence of potential violators, which could not be achieved by traditional law enforcement methods or traffic calming measures, or both. Deployment of ATLE systems on behalf of the Agency is not intended to replace law enforcement personnel, nor is it intended to mitigate problems caused by deficient road design, construction, or maintenance.

  (b) Vendor.

  (1) The Agency of Transportation shall enter into a contract with a third party for the operation and deployment of ATLE systems on behalf of the Agency.

  (2) The Agency, in consultation with the Department of Public Safety, may require the vendor to maintain a storage system to store any recorded images or other data collected by the ATLE system. Any storage system shall adhere to the use, retention, and limitation requirements pursuant to this section.

  (c) Locations. An ATLE system may only be utilized at a location in the vicinity of a work zone on a limited-access highway under the jurisdiction of the Agency of Transportation and selected by the Agency, provided that:

  (1) the Agency shall document through an appropriate engineering analysis that the location meets highway standards;

  (2) the ATLE system is not used as a means of combating deficiencies in roadway design or environment;

  (3) at least two signs notifying members of the traveling public of the use of an ATLE system are in place before any recorded images or other data is collected by the ATLE system;

  (4) there is a sign at the end of the work zone;

  (5) the ATLE system is only in operation when workers are present in the work zone and at least one of the signs required under subdivision (3) of this subsection indicates whether the ATLE system is currently in operation; and

  (6) there is notice of the use of the ATLE system on the Agency’s website, including the location and typical hours when workers are present and the ATLE system is in operation.

  (d) Daily log.

  (1) The vendor that deploys an ATLE system in accordance with this section must maintain a daily log for each deployed ATLE system that includes:

  (A) the date, time, and location of the ATLE system setup;

  (B) a demonstration that the equipment is operating properly before and after daily use;

  (C) a verification that the signage and equipment placement meet applicable highway standards; and

  (D) the name of the employee who performed any self-tests required by the ATLE system manufacturer and the results of those self-tests.

  (2) The daily log shall be retained for not fewer than three years by the Agency and admissible in any proceeding for a violation involving ATLE systems deployed on behalf of the Agency.

  (e) Annual calibration. All ATLE systems shall undergo an annual calibration check performed by an independent calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be retained for not fewer than three years by the Agency and admissible in any proceeding for a violation involving the ATLE system.

  (f) Penalty.

  (1) The owner of the motor vehicle bearing the rear registration number plate captured in a recorded image shall be liable for one of the following civil penalties unless, for the violation in question, the owner is convicted of exceeding the speed limit under chapter 13 of this title or has a defense under subsection (h) of this section:

  (A) $0.00, which shall be exempt from surcharges under 13 V.S.A. § 7282(a), for a first violation within 12 months;

  (B) $80.00 for a second violation within 12 months; provided, however, that a violation shall be considered a second violation for purposes of this subdivision only if it has occurred at least 30 days after the date on which the notice of the first violation was mailed; and

  (C) $160.00 for a third or subsequent violation within 12 months.

  (2) The owner of the motor vehicle bearing the rear registration number plate captured in a recorded image shall not be deemed to have committed a crime or moving violation unless otherwise convicted under another section of this title, and a violation of this section shall not be made a part of the operating record of the owner or considered for insurance purposes.

  (g) Notice and complaint.

  (1) An action to enforce this section shall be initiated by issuing a Vermont civil violation complaint to the owner of a motor vehicle bearing the rear registration number plate captured in a recorded image and mailing the Vermont civil violation complaint to the owner by U.S. mail.

  (2) The civil violation complaint shall:

  (A) be based on an inspection of recorded images and data produced by one or more ATLE systems or one or more ATLE and ALPR systems;

  (B) be issued, sworn, and affirmed by the law enforcement officer who inspected the recorded images and data;

  (C) enclose copies of applicable recorded images and at least one recorded image showing the rear registration number plate of the motor vehicle;

  (D) include the date, time, and place of the violation;

  (E) include the applicable civil penalty amount and the dates, times, and places for any prior violations from the prior 12 months;

  (F) include written verification that the ATLE system was operating correctly at the time of the violation and the date of the most recent inspection that confirms the ATLE system to be operating properly;

  (G) contain a notice of language access services in accordance with federal and state law; and

  (H) in compliance with 4 V.S.A. § 1105(f), include an affidavit that the issuing officer has determined the owner’s military status to the best of the officer’s ability by conducting a search of the available Department of Defense Manpower Data Center (DMDC) online records, together with a copy of the record obtained from the DMDC that is the basis for the issuing officer’s affidavit.

  (3) In the case of a violation involving a motor vehicle registered under the laws of this State, the civil violation complaint shall be mailed within 30 days after the violation to the address of the owner as listed in the records of the Department of Motor Vehicles. A notice of violation issued under this subdivision shall be mailed not more than 30 days after the date of the violation. A notice mailed after 30 days is void.

  (4) In the case of a violation involving a motor vehicle registered under the laws of a jurisdiction other than this State, the notice of violation shall be mailed within 30 days after the discovery of the identity of the owner to the address of the owner as listed in the records of the official in the jurisdiction having charge of the registration of the motor vehicle. A notice of violation issued under this subdivision shall be mailed not more than 90 days after the date of the violation. A notice mailed after 90 days is void.

  (h) Defenses. The following shall be defenses to a violation under this section:

  (1) that the motor vehicle or license plates shown in one or more recorded images was in the care, custody, or control of another person at the time of the violation; and

  (2) that the radar component of the ATLE system was not properly calibrated or tested at the time of the violation.

  (i) Proceedings before the Judicial Bureau.

  (1) To the extent not inconsistent with this section, the provisions for the adjudication of a Vermont civil violation complaint, the payment of a Vermont civil violation complaint, and the collection of civil penalties associated with a civil violation complaint in 4 V.S.A. chapter 29 shall apply to civil violation complaints issued under this section.

  (2) Notwithstanding an owner’s failure to request a hearing, a Vermont civil violation complaint issued pursuant to this section shall be dismissed with prejudice upon showing by the owner, by a preponderance of the evidence, that the motor vehicle in question was not in the care, custody, or control of the owner at the time of the violation because, at the time, the owner was a person in military service as defined in 50 U.S.C. § 3911.

  (j) Retention.

  (1) All recorded images shall be retained by the vendor pursuant to the requirements of subdivision (2) of this subsection.

  (2) A recorded image shall only be retained for 12 months after the date it was obtained or until the resolution of the applicable violation and the appeal period if the violation is contested. When the retention period has expired, the vendor and any law enforcement agency with custody of the recorded image shall destroy it and cause to have destroyed any copies or backups made of the original recorded image.

  (k) Review process and annual report.

  (1) The Agency of Transportation, in consultation with the Department of Public Safety, shall establish a review process to ensure that recorded images are used only for the purposes permitted by this section. The Agency of Transportation shall report the results of this review annually on or before January 15 to the Senate and House Committees on Judiciary and on Transportation. The report shall contain the following information based on prior calendar year data:

  (A) the total number of ATLE systems units being operated on behalf of the Agency in the State;

  (B) the terms of any contracts entered into with any vendors for the deployment of ATLE on behalf of the Agency;

  (C) all of the locations where an ATLE system was deployed along with the dates and hours that the ATLE system was in operation;

  (D) the number of violations issued based on recorded images and the outcomes of those violations by category, including first, second, and third and subsequent violations and contested violations;

  (E) the number of recorded images the Agency submitted to the automated traffic law enforcement storage system;

  (F) the total amount paid in civil penalties; and

  (G) any recommended changes for the use of ATLE systems in Vermont.

  (2) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required if an ATLE system is deployed in the State unless the General Assembly takes specific action to repeal the report requirement.

  (l) Limitations.

  (1) ATLE systems shall only record violations of this section and shall not be used for any other purpose, including other surveillance purposes.

  (2) Recorded images shall only be accessed to determine if a violation of this section was committed in the prior 12 months.

  (3) Notwithstanding any applicable law to the contrary, the Agency of Transportation may permit the vendor to coordinate with designated law enforcement agencies to obtain a recorded image from the vendor to determine whether a violation of this section occurred within the prior 12 months. (Added 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025.)

• § 1607. Automated license plate recognition systems [Effective until July 1, 2025]

  (a) Definitions. As used in this section:

  (1) “Active data” is distinct from historical data as defined in subdivision (3) of this subsection and means data uploaded to individual automated license plate recognition system units before operation as well as data gathered during the operation of an ALPR system. Any data collected by an ALPR system in accordance with this section shall be considered collected for a legitimate law enforcement purpose.

  (2) “Automated license plate recognition system” or “ALPR system” means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of registration plates into computer-readable data.

  (3) “Historical data” means any data collected by an ALPR system and stored on the statewide ALPR server operated by the Vermont Justice Information Sharing System of the Department of Public Safety. Any data collected by an ALPR system in accordance with this section shall be considered collected for a legitimate law enforcement purpose.

  (4) “Law enforcement officer” means a State Police officer, municipal police officer, motor vehicle inspector, Capitol Police officer, constable, sheriff, or deputy sheriff certified by the Vermont Criminal Justice Council as a level II or level III law enforcement officer under 20 V.S.A. § 2358.

  (5) “Legitimate law enforcement purpose” applies to access to active or historical data, and means investigation, detection, analysis, or enforcement of a crime or of a commercial motor vehicle violation or a person’s defense against a charge of a crime or commercial motor vehicle violation, or operation of AMBER alerts or missing or endangered person searches.

  (6) “Vermont Intelligence Center analyst” means any sworn or civilian employee who through his or her employment with the Vermont Intelligence Center (VIC) has access to secure databases that support law enforcement investigations.

  (b) Operation. A Vermont law enforcement officer shall be certified in ALPR operation by the Vermont Criminal Justice Council in order to operate an ALPR system.

  (c) ALPR use and data access; confidentiality.

  (1)(A) Deployment of ALPR equipment by Vermont law enforcement agencies is intended to provide access to law enforcement reports of wanted or stolen vehicles and wanted persons and to further other legitimate law enforcement purposes. Use of ALPR systems by law enforcement officers and access to active data are restricted to legitimate law enforcement purposes.

  (B) Active data may be accessed by a law enforcement officer operating the ALPR system only if he or she has a legitimate law enforcement purpose for the data. Entry of any data into the system other than data collected by the ALPR system itself must be approved by a supervisor and shall have a legitimate law enforcement purpose.

  (C)(i) Requests to access active data shall be in writing and include the name of the requester, the law enforcement agency the requester is employed by, if any, and the law enforcement agency’s Originating Agency Identifier (ORI) number. To be approved, the request must provide specific and articulable facts showing that there are reasonable grounds to believe that the data are relevant and material to an ongoing criminal, missing person, or commercial motor vehicle investigation or enforcement action. The written request and the outcome of the request shall be transmitted to VIC and retained by VIC for not less than three years.

  (ii) In each department operating an ALPR system, access to active data shall be limited to designated personnel who have been provided account access by the department to conduct authorized ALPR stored data queries. Access to active data shall be restricted to data collected within the past seven days.

  (2)(A) A VIC analyst shall transmit historical data only to a Vermont or out-of-state law enforcement officer or person who has a legitimate law enforcement purpose for the data. A law enforcement officer or other person to whom historical data are transmitted may use such data only for a legitimate law enforcement purpose. Entry of any data onto the statewide ALPR server other than data collected by an ALPR system itself must be approved by a supervisor and shall have a legitimate law enforcement purpose.

  (B) Requests for historical data within six months of the date of the data’s creation, whether from Vermont or out-of-state law enforcement officers or other persons, shall be made in writing to a VIC analyst. The request shall include the name of the requester, the law enforcement agency the requester is employed by, if any, and the law enforcement agency’s ORI number. To be approved, the request must provide specific and articulable facts showing that there are reasonable grounds to believe that the data are relevant and material to an ongoing criminal, missing person, or commercial motor vehicle investigation or enforcement action. VIC shall retain all requests and shall record in writing the outcome of the request and any information that was provided to the requester or, if applicable, why a request was denied or not fulfilled. VIC shall retain the information described in this subdivision (c)(2)(B) for no fewer than three years.

  (C) After six months from the date of its creation, VIC may only disclose historical data:

  (i) pursuant to a warrant if the data are not sought in connection with a pending criminal charge; or

  (ii) to the prosecution or the defense in connection with a pending criminal charge and pursuant to a court order issued upon a finding that the data are reasonably likely to be relevant to the criminal matter.

  (3) Active data and historical data shall not be subject to subpoena or discovery, or be admissible in evidence, in any private civil action.

  (4) Notwithstanding any contrary provisions of subdivision (2) of this subsection, in connection with commercial motor vehicle screening, inspection, and compliance activities to enforce the Federal Motor Carrier Safety Regulations, the Department of Motor Vehicles (DMV):

  (A) may maintain or designate a server for the storage of historical data that is separate from the statewide server;

  (B) may designate a DMV employee to carry out the same responsibilities as a VIC analyst and a supervisor as specified in subdivision (2) of this subsection; and

  (C) shall have the same duties as the VIC with respect to the retention of requests for historical data.

  (d) Retention.

  (1) Any ALPR information gathered by a Vermont law enforcement agency shall be sent to the Department of Public Safety to be retained pursuant to the requirements of subdivision (2) of this subsection. The Department of Public Safety shall maintain the ALPR storage system for Vermont law enforcement agencies.

  (2) Except as provided in this subsection and section 1608 of this title, information gathered by a law enforcement officer through use of an ALPR system shall only be retained for 18 months after the date it was obtained. When the permitted 18-month period for retention of the information has expired, the Department of Public Safety and any local law enforcement agency with custody of the information shall destroy it and cause to have destroyed any copies or backups made of the original data. Data may be retained beyond the 18-month period pursuant to a preservation request made or disclosure order issued under section 1608 of this title or pursuant to a warrant issued under Rule 41 of the Vermont or Federal Rules of Criminal Procedure.

  (e) Oversight; rulemaking.

  (1) The Department of Public Safety, in consultation with the Department of Motor Vehicles, shall establish a review process to ensure that information obtained through use of ALPR systems is used only for the purposes permitted by this section. The Department of Public Safety shall report the results of this review annually on or before January 15 to the Senate and House Committees on Judiciary and on Transportation. The report shall contain the following information based on prior calendar year data:

  (A) the total number of ALPR units being operated by government agencies in the State, the number of such units that are stationary, and the number of units submitting data to the statewide ALPR database;

  (B) the number of ALPR readings each agency submitted, and the total number of all such readings submitted, to the statewide ALPR database;

  (C) the 18-month cumulative number of ALPR readings being housed on the statewide ALPR database as of the end of the calendar year;

  (D) the total number of requests made to VIC for historical data, the average age of the data requested, and the number of these requests that resulted in release of information from the statewide ALPR database;

  (E) the total number of out-of-state requests to VIC for historical data, the average age of the data requested, and the number of out-of-state requests that resulted in release of information from the statewide ALPR database;

  (F) the total number of alerts generated on ALPR systems operated by law enforcement officers in the State by a match between an ALPR reading and a plate number on an alert database and the number of these alerts that resulted in an enforcement action;

  (G) the total number of criminal, missing person, and commercial motor vehicle investigations and enforcement actions to which active data contributed, and a summary of the nature of these investigations and enforcement actions;

  (H) the total number of criminal, missing person, and commercial motor vehicle investigations and enforcement actions to which historical data contributed, and a summary of the nature of these investigations and enforcement actions; and

  (I) the total annualized fixed and variable costs associated with all ALPR systems used by Vermont law enforcement agencies and an estimate of the total of such costs per unit.

  (2) Before January 1, 2018, the Department of Public Safety shall adopt rules to implement this section. (Added 2013, No. 69, § 1; amended 2015, No. 169 (Adj. Sess.), § 8; 2017, No. 175 (Adj. Sess.), § 3, eff. May 25, 2018.)

• § 1608. Preservation of data [Effective until July 1, 2025]

  (a) Preservation request.

  (1) A law enforcement agency or the Department of Motor Vehicles or other person with a legitimate law enforcement purpose may apply to the Criminal Division of the Superior Court for an extension of up to 90 days of the 18-month retention period established under subdivision 1607(d)(2) of this title if the agency or Department offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data are relevant and material to an ongoing criminal or missing persons investigation or to a pending court or Judicial Bureau proceeding involving enforcement of a crime or of a commercial motor vehicle violation. Requests for additional 90-day extensions or for longer periods may be made to the Superior Court subject to the same standards applicable to an initial extension request under this subdivision.

  (2) A governmental entity making a preservation request under this section shall submit an affidavit stating:

  (A) the particular camera or cameras for which captured plate data must be preserved or the particular license plate for which captured plate data must be preserved; and

  (B) the date or dates and time frames for which captured plate data must be preserved.

  (b) Captured plate data shall be destroyed on the schedule specified in section 1607 of this title if the preservation request is denied or 14 days after the denial, whichever is later. (Added 2013, No. 69, § 2; amended 2015, No. 169 (Adj. Sess.), § 9.)

• § 1608. Preservation of data [Effective July 1, 2025]

  (a) Preservation request.

  (1) A law enforcement agency or the Department of Motor Vehicles or other person with a legitimate law enforcement purpose may apply to the Criminal Division of the Superior Court for an extension of up to 90 days of the 18-month retention period established under subdivision 1607(c)(2) of this subchapter if the agency or Department offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data are relevant and material to an ongoing criminal or missing persons investigation or to a pending court or Judicial Bureau proceeding involving enforcement of a crime or of a commercial motor vehicle violation. Requests for additional 90-day extensions or for longer periods may be made to the Superior Court subject to the same standards applicable to an initial extension request under this subdivision.

  (2) A governmental entity making a preservation request under this section shall submit an affidavit stating:

  (A) the particular camera or cameras for which captured plate data must be preserved or the particular license plate for which captured plate data must be preserved; and

  (B) the date or dates and time frames for which captured plate data must be preserved.

  (b) Destruction. Captured plate data shall be destroyed on the schedule specified in section 1607 of this subchapter if the preservation request is denied or 14 days after the denial, whichever is later. (Added 2013, No. 69, § 2; amended 2015, No. 169 (Adj. Sess.), § 9; amended 2023, No. 135 (Adj. Sess.), § 1a, eff. July 1, 2025.)

• § 1609. Prohibition on use of automated law enforcement

  No State agency or department or any political subdivision of the State shall use automated license plate recognition systems or automated traffic law enforcement systems. (Added 2023, No. 135 (Adj. Sess.), § 7, eff. July 1, 2024.)