The Vermont Statutes Online

Title 23: Motor Vehicles

Chapter 024: Traffic Violations

• § 2301. Repealed. 1997, No. 121 (Adj. Sess.), § 39(2).

• § 2301a. Repealed. 1997, No. 121 (Adj. Sess.), § 39(3).

• § 2302. Traffic violation defined

  (a) As used in this chapter, “traffic violation” means:

  (1) a violation of any provision of this title or rule adopted under this title for which no term of imprisonment is provided by law and for which a penalty of no more than $1,000.00 is provided;

  (2) a violation of this title with a maximum penalty set at not more than $1,000.00 and for which no term of imprisonment is provided by law;

  (3) a violation of this title with a scheduled penalty of not more than $1,000.00 established pursuant to 4 V.S.A. § 1102(d) and for which no term of imprisonment is provided by law;

  (4) a violation of any municipal ordinance relating to the operation or use of motor vehicles or to the use of highways by pedestrians or by the operation of any other vehicle. Violations of municipal ordinances relating to parking of motor vehicles shall not be considered traffic violations;

  (5) a violation of 5 V.S.A. chapter 28, relating to transportation of hazardous materials, and rules adopted pursuant to 5 V.S.A. § 2001;

  (6) a violation of 5 V.S.A. chapter 29, relating to motor carrier safety standards, and rules adopted pursuant to 5 V.S.A. § 2101;

  (7) a violation of 5 V.S.A. § 3408(c), relating to trail use of certain State-owned railroad corridors, or of 5 V.S.A. § 3734, related to trespassing on railroad property;

  (8) a violation of 19 V.S.A. § 7(j), relating to access to or use of environmental mitigation sites administered by the Agency of Transportation;

  (9) a violation for which the penalties are calculated under section 1391a of this title;

  (10) a violation of subsection 3024(b) of this title;

  (11) a violation of subsection 1006b(b), section 1006c, or subsections 4120(a) and (b) of this title; or

  (12) a violation of section 4123 of this title.

  (b) A traffic violation is not a crime and shall be treated as a civil action.

  (c) A violation of a traffic law in this title for which no penalty is otherwise provided shall be subject to a penalty of not more than $1,000.00. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1991, No. 193 (Adj. Sess.), § 3, eff. May 19, 1992; 1993, No. 211 (Adj. Sess.), § 26, eff. June 17, 1994; 1995, No. 181 (Adj. Sess.), § 12; 1997, No. 121 (Adj. Sess.), § 10; 1999, No. 156 (Adj. Sess.), § 14, eff. May 29, 2000; 1999, No. 160 (Adj. Sess.), § 22; 2003, No. 109 (Adj. Sess.), § 13; 2005, No. 166 (Adj. Sess.), § 9; 2015, No. 158 (Adj. Sess.), §§ 17, 70.)

• § 2303. Expungement of violation records

  (a) Expungement. Two years following the satisfaction of a judgment resulting from an adjudication or conviction of a violation identified in this subsection, the Judicial Bureau shall make an entry of “expunged” and notify the Department of Motor Vehicles of such action consistent with the data transfer policy between the Judicial Bureau and the Department. The data transfer to the Department shall include the name, date of birth, ticket number, offense, license number, and personal identifying number. The Judicial Bureau shall make the expungement entry pursuant to this section for the following violations:

  (1) section 301 of this title (operating an unregistered vehicle);

  (2) subsection 307(a) of this title (failing to possess registration);

  (3) section 611 of this title (failing to possess license);

  (4) subsection 676(a) of this title (operating after suspension);

  (5) section 601 of this title (operating without a license);

  (6) section 800 of this title (operating without insurance); and

  (7) subsection 1222(c) of this title (operating an uninspected vehicle).

  (b) Effect of expungement.

  (1) Upon entry of an expungement order, the order shall be legally effective immediately and the individual whose record is expunged shall be treated in all respects as if he or she had never been convicted or adjudicated of the violation. This includes the expungement of any points accumulated pursuant to chapter 25 of this title.

  (2) Upon an entry of expunged, the case will be accessible only by the Clerk of the Court for the Judicial Bureau or the Clerk’s designee. Convictions or adjudications that have been expunged shall not appear in the results of any Judicial Bureau database search by name, date of birth, driver’s license number, or any other data identifying the defendant. Except as provided in subsection (c) of this section, any documents or other records related to an expunged conviction or adjudication that are maintained outside the Judicial Bureau’s case management system shall be destroyed.

  (3) Upon receiving an inquiry from any person regarding an expunged record, the Judicial Bureau and Department of Motor Vehicles shall respond that “NO RECORD EXISTS.”

  (c) Exception for research entities. Research entities that maintain conviction or adjudication records for purposes of collecting, analyzing, and disseminating criminal justice data shall not be subject to the expungement requirements established in this section. Research entities shall abide by the policies established by the Court Administrator and shall not disclose any identifying information from the records they maintain.

  (d) Policies for implementation. The Court Administrator shall establish policies for implementing this section. (Added 2021, No. 58, § 4.)

• § 2304. Repealed. 1997, No. 121 (Adj. Sess.), § 39(4).

• § 2305. Procedure

  Traffic violations shall be heard by the Judicial Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1991, No. 150 (Adj. Sess.), § 1, eff. May 5, 1992; 1997, No. 121 (Adj. Sess.), § 12.)

• § 2306. Repealed. 1997, No. 121 (Adj. Sess.), § 39(5).

• § 2307. Repealed. 2015, No. 147 (Adj. Sess.), § 4, eff. May 31, 2016.

• § 2308. Reports

  The Court Administrator shall prepare audits, records, and reports relating to traffic complaints and violations. The Court Administrator shall also notify the Commissioner of Motor Vehicles of any violations that are uncontested or admitted or that are determined after hearing to have been committed or in connection with which a default judgment has been entered. The Commissioner of Motor Vehicles shall file and record information on violations received under this section. (Added 1989, No. 109, § 2, eff. July 1, 1990.)

• § 2309. Violation report; assessment of points

  The Bureau shall send a report of each finding of a traffic violation to the Commissioner of Motor Vehicles. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revocation of the person’s license or privilege to operate a motor vehicle. (Added 1997, No. 121 (Adj. Sess.), § 14.)