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2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1132. Driving on sidewalk

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1133. Eluding a police officer

§ 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 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1134b. Using tobacco or cannabis in a motor vehicle with child present

§ 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;
(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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1135. Trespass by motor vehicle

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1136. Application of subchapter; rights and obligations of bicyclists under other laws

§ 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 regulations 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1137. Riding on bicycles

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1138. Clinging to motor vehicles

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1139. Riding on roadways and bicycle paths

§ 1139. Riding on roadways and bicycle paths
(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.
(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.
(c) [Repealed.]
(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. (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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1140. Carrying articles

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1141. Equipment on bicycles

§ 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 which 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1141a. Electric personal assistive mobility devices (EPAMD); required equipment; operation

§ 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; and
(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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1142. Penalties

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1143. Not evidence of negligence

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1201c. Calculation of suspensions and revocations

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1203b. Duty to report blood test results

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1204. Permissive inferences

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1206. Suspension of license for driving while under influence; first conviction

§ 1206. Suspension of license for driving while under influence; first conviction
(a) First conviction—generally. Except as otherwise provided, upon conviction of a person for violating a provision of section 1201 of this title, or upon final determination of an appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately 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 defendant 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 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1208. Suspensions for subsequent convictions

§ 1208. Suspensions for subsequent convictions
(a) Second conviction. Upon a second conviction of a person violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately suspend the person’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle for 18 months and until the defendant 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.
(b) Third conviction. Upon a third or subsequent conviction of a person violating a provision of section 1201 of this title and upon final determination of any appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately revoke the person’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle for life. However, during this lifetime revocation, an eligible person 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 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1211. Construction of cross references

§ 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).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1212. Conditions of release and parole; arrest upon violation

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1213a. Immobilization of vehicle

§ 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 27 V.S.A. chapter 13. 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1213b. Forfeiture of vehicle

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1215. Injunctive relief

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1218. Commercial motor vehicles; 0.04

§ 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 which 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).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1219. Commercial motor vehicle; detectable amount; out-of-service

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1220a. DUI Enforcement Special Fund

§ 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 subchapter 13 of chapter 13 of this title 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1220b. Blood and Breath Alcohol Testing Special Fund

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1221a. Defective equipment warning

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1223. Prohibitions

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1224. Inspection certificates

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1225. Penalty

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1226. Reciprocity

§ 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.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1227. Certified inspection mechanics

§ 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 license if he or she:
(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 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1228. Mechanic certification; inspection designation; revocation

§ 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.)