The Vermont Statutes Online

Title 23: Motor Vehicles

Chapter 025: Motor Vehicle Violations; Point System

• § 2500. Application to traffic violations

  The provisions of this chapter shall apply to traffic violations covered under chapter 24 of this title and for that purpose a determination by the Judicial Bureau that a person has committed a traffic violation, whether by admission, no contest, determination after hearing, or entry of a default judgment, shall be deemed a conviction under this chapter. (Added 1989, No. 109, § 3, eff. July 1, 1990; amended 1997, No. 121 (Adj. Sess.), § 15.)

• § 2501. Motor vehicle point system

  (a) For the purpose of identifying habitually reckless or negligent drivers and frequent violators of traffic regulations governing the movement of vehicles, a uniform system is established assigning demerit points for convictions of violations of this title or of ordinances adopted by local authorities regulating the operation of motor vehicles. Notice of each assessment of points may be given. No points shall be assessed for violating a provision of a statute or municipal ordinance regulating standing, parking, equipment, size, or weight, or if a Superior judge or Judicial Bureau hearing officer has waived the assessment of points in the interest of justice and in accordance with subsection (b) of this section. The conviction report from the court shall be prima facie evidence of the points assessed unless points are specifically waived in the conviction report. The Department of Motor Vehicles also is authorized to suspend the license of a driver when the driver’s driving record identifies the driver as a habitual offender under section 673a of this title.

  (b) A Superior judge or Judicial Bureau hearing officer may waive the assessment of points against a person’s driving record for a moving violation if the waiver of points is in the interests of justice and if all of the following conditions are satisfied:

  (1) the person has not had points assessed against his or her driving record within five years of the date of the moving violation;

  (2) the person has had no more than three points assessed against his or her driving record within 10 years of the date of the moving violation;

  (3) the moving violation is an offense for which no more than three points is specified under section 2502 of this title;

  (4) the person was not operating a commercial motor vehicle as defined at section 4103 of this title at the time of the moving violation; and

  (5) the moving violation did not result in bodily injury to another person or damage to property of another person. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 2005, No. 188 (Adj. Sess.), § 6; 2013, No. 57, § 31a; 2019, No. 131 (Adj. Sess.), § 219.)

• § 2502. Point assessment; schedule

  (a) Unless the assessment of points is waived by a Superior judge or a Judicial Bureau hearing officer in the interests of justice and in accordance with subsection 2501(b) of this title, a person operating a motor vehicle shall have points assessed against his or her driving record for convictions for moving violations of the indicated motor vehicle statutes in accord with the following schedule: (All references are to this title of the Vermont Statutes Annotated.)

  (1) Two points assessed for:

  	(A)	§ 601.	License required;
  	(B)	§ 602.	Exceptions for farm tractors and highway equipment;
  	(C)	§ 611.	Possession of license certificate;
  	(D)	§ 612.	Restrictions of license;
  	(E)	§ 614.	Rights under license;
  	(F)	§ 615.	Unlicensed operators;
  	(G)	§ 1004.	Interstate highway regulations;
  	(H)	§ 1008.	Regulations in municipalities;
  	(I)	§ 1009.	Restrictions on controlled-access roadway;
  	(J)	§§ 1021 and 1022.	Failure to obey traffic-control signals;
  	(K)	§ 1024.	Failure to obey flashing signals;
  	(L)	§ 1026.	Failure to obey lane control signals;
  	(M)	§ 1031.	Illegal driving to right;
  	(N)	§ 1032.	Failure to keep to the right of center when meeting oncoming traffic;
  	(O)	§ 1037.	One-way roadways and rotaries;
  	(P)	§ 1038.	Driving on roadways laned for traffic;
  	(Q)	§ 1041.	Restricted access roadways;
  	(R)	§ 1046.	Failure to yield right of way at intersection;
  	(S)	§ 1047.	Failure to turn to left properly;
  	(T)	§ 1048.	Failure to stop or yield at intersections;
  	(U)	§ 1049.	Failure of vehicle to yield right of way when entering from private road;
  	(V)		[Repealed.]
  	(W)	§ 1059.	Driving through safety zone;
  	(X)	§ 1061.	Illegal turning at intersections;
  	(Y)	§ 1062.	Turning prohibited;
  	(Z)	§ 1063.	Unsafe starting of parked vehicle;
  	(AA)	§ 1064.	Failure to use required signals;
  	(BB)	§ 1065.	Improper use of hand signals;
  	(CC)	§ 1071.	Illegal driving on or near railroad grade crossing;
  	(DD)	§ 1072.	Failure to stop at railroad crossings;
  	(EE)	§ 1073.	Improper crossing at a railroad grade by heavy equipment;
  	(FF)	§ 1074.	Improper emerging from driveway;
  	(GG)	§ 1081.	Basic rule and maximum limits;
  	(HH)	§ 1082.	Slow-moving vehicles;
  	(II)	§ 1083.	Special speed limitations;
  	(JJ)	§ 1092.	Damaging surface of road;
  	(KK)	§ 1093.	Smoke screen device;
  	(LL)(i)	§ 1095.	Entertainment picture visible to operator;
  	(ii)	§ 1095a(d)(3).	Junior operator use of portable electronic device outside work or school zone;
  	(iii)	§ 1095b(c)(3).	Use of portable electronic device outside work or school zone;
  	(MM)	§ 1099(c)(3).	Texting outside work or school zone;
  	(NN)	§ 1113.	Illegal backing;
  	(OO)	§ 1114.	Illegal riding on motorcycles;
  	(PP)	§ 1115.	Illegal operation of motorcycles on roadways laned for traffic;
  	(QQ)	§ 1116.	Clinging to other vehicles;
  	(RR)	§ 1117.	Illegal footrests and handlebars;
  	(SS)	§ 1118.	Obstructing the driver’s view;
  	(TT)	§ 1119.	Improper opening and closing vehicle doors;
  	(UU)	§ 1121.	Coasting prohibited;
  	(VV)	§ 1122.	Following fire apparatus prohibited;
  	(WW)	§ 1123.	Driving over fire hose;
  	(XX)	§ 1124.	Position of operator;
  	(YY)	§ 1127.	Unsafe control in presence of animals;
  	(ZZ)	§ 1131.	Failure to give warning signal;
  	(AAA)	§ 1132.	Illegal driving on sidewalk;
  	(BBB)	§ 1243.	Lighting requirements;
  	(CCC)		[Repealed.]
  	(DDD)	§ 1257.	Eye protection;
  	(EEE)	§ 800.	Operating without financial responsibility;
  	(FFF)		All other moving violations that have no specified points;

  (2) Three points assessed for:

  	(A)	§ 1033.	Illegal passing on the left;
  	(B)	§ 1034.	Illegal passing on the right;
  	(C)	§ 1035.	Limitations on passing;
  	(D)	§ 1036.	No passing zone;
  	(E)	§ 1039.	Following too closely;
  	(F)	§ 1040.	Improper driving on divided highway;

  (3) Four points assessed for:

  	(A)	§ 1012.	Failure to obey enforcement officer;
  	(B)	§ 1013.	Authority of enforcement officers;
  	(C)	§ 1051.	Failure to yield to pedestrian;
  	(D)	§ 1057.	Failure to yield to persons who are blind;
  	(E)	§ 1095a(d)(2).	Junior operator use of portable electronic device in work or school zone—first offense;
  	(F)	§ 1095b(c)(2).	Use of portable electronic device in work or school zone—first offense;
  	(G)	§ 1099(c)(2).	Texting in work or school zone—first offense;

  (4) Five points assessed for:

  	(A)	§ 1050.	Failure to yield to emergency vehicles;
  	(B)	§ 1075.	Illegal passing of school bus;
  	(C)	§ 1099(c)(2).	Texting in work or school zone—second and subsequent offense;
  	(D)	§ 1095a(d)(2).	Junior operator use of portable electronic device in work or school zone—second and subsequent offenses;
  	(E)	§ 1095b(c)(2).	Use of portable electronic device in work or school zone—second and subsequent offenses;

  (5) Ten points assessed for:

  	(A)		[Repealed.]
  	(B)	§ 1091.	Negligent operation;
  	(C)	§ 1094.	Operation without owner’s consent and aggravated operation without owner’s consent;
  	(D)	§ 1128.	Failure to stop when involved in a crash;
  	(E)	§ 1133.	Attempting to elude a police officer.

  (6) Two points assessed for sections 1003 and 1007. State speed zones and local speed limits, less than 10 miles per hour over and in excess of speed limit.

  (7) Three points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 10 miles per hour over and in excess of speed limit.

  (8) Five points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 20 miles per hour over and in excess of speed limit.

  (9) Eight points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 30 miles per hour over and in excess of the speed limit.

  (b) Two additional points shall be assessed for any violation that has resulted in a crash that was the fault of the violator, provided that before these additional points are added a determination on fault must have been made. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1985, No. 77, § 2, eff. Jan. 1, 1986; 1985, No. 85 § 9; 1989, No. 68, § 9, eff. Dec. 1, 1989; 1989, No. 109, § 4, eff. July 1, 1990; 1991, No. 55, §§ 14, 15; 1999, No. 102 (Adj. Sess.), § 3; 2009, No. 150 (Adj. Sess.), § 4; 2011, No. 147 (Adj. Sess.), § 4; 2013, No. 57, § 27, eff. July 1, 2013 in part and Jan. 1, 2014 in part; 2013, No. 57, § 31b; 2013, No. 96 (Adj. Sess.), § 148; 2013, No. 189 (Adj. Sess.), § 41, eff. Oct. 1, 2014; 2015, No. 47, § 43; 2015, No. 147 (Adj. Sess.), § 19; 2017, No. 71, § 13; 2017, No. 74, § 61a; 2019, No. 60, § 29; 2019, No. 149 (Adj. Sess.), § 35.)

• § 2503. Recording assessments

  Points shall remain assessed against the driving record of any person for a period of two years from the date of conviction. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 1.)

• § 2504. Repealed. 1997, No. 55, § 11(2), eff. June 26, 1997.

• § 2505. Suspension or revocation of license

  When a person receives a number of convictions for moving violations sufficient to raise his or her point total to at least 10 points in a two-year period, the Commissioner shall initiate suspension proceedings pursuant to section 2506 of this title. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 2.)

• § 2506. Procedure

  When a sufficient number of points has been acquired, the Commissioner shall suspend the license of an operator or the privilege of an unlicensed individual or nonresident to operate a motor vehicle, upon not less than 10 days’ notice, and upon hearing, if requested for verification of the conviction records. The suspension shall be for 10 days for an accumulation of 10 points, 30 days for 15 points, 90 days for 20 points, and for a period increasing by 30 days for each additional 5 points; except the suspension period for a conviction for first offense of sections 1091, 1094, 1128, and 1133 of this title shall be 30 days, for a second conviction 90 days, and for a third or subsequent six months, or the suspension period under the point values, whichever is greater. If a fatality occurs, the suspension shall be for a period of one year in addition to the suspension under the point values. For purposes of this section, a month equals 30 days and one year equals 365 days. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 3; 1981, No. 229 (Adj. Sess.), § 1; 2011, No. 147 (Adj. Sess.), § 5; 2019, No. 131 (Adj. Sess.), § 220.)

• § 2507. Legislative review

  (a) Prior to September 15 of every year, the Commissioner of Motor Vehicles or the Chair of either the House Committee on Transportation or the Senate Committee on Transportation may request a meeting in joint session to review the operations and point values assigned under this chapter.

  (b) Legislation may be introduced on the operations and point values assigned under this chapter in any legislative year, provisions on reconsideration notwithstanding. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1981, No. 229 (Adj. Sess.), § 2.)