The Vermont Statutes Online
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.
Subchapter 009 : VIOLATIONS AND PENALTIES(Cite as: 23 V.S.A. § 1095a)
§ 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.)