Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 044 - CDL: REDUCTION OF LIFE DISQUALIFICATION › Section 14 050 044 - CDL: REDUCTION OF LIFE DISQUALIFICATION

Current through June, 2024
CDL: REDUCTION OF LIFE DISQUALIFICATION
Cross reference:
				23 V.S.A. §
										4116(g)
Any person disqualified for life who wishes to have his/her
				commercial driving privileges restored after he/she has been disqualified by
				Vermont for at least ten (10) years shall:
(1) Furnish a sworn affidavit to the
			 commissioner of motor vehicles, signed no sooner than 10 years from the
			 effective date of the Vermont disqualification, stating that he/she:
(a) has had no alcohol or drug related
			 offenses, violations and/or convictions as cited in Title 23 excluding
			 23
			 V.S.A. §
											1134, in Vermont or in any
			 other jurisdiction involving the operation of any motor vehicle since the
			 effective date of the Vermont disqualification;
(b) has successfully completed the therapy
			 program as required by
			 23 V.S.A.
			 §
											1209a(a)(2), if any
			 of the disqualifying offenses were alcohol and/or drug related.
(c) has had no commercial motor vehicle
			 offenses, violations, and/or convictions in Vermont or any other jurisdiction
			 since the effective date of the disqualification;
(d) has a valid Vermont license or a valid
			 license from another jurisdiction.
Following receipt of the affidavit from the applicant and the
				certification of treatment completion from the Office of Alcohol & Drug
				Abuse (CRASH), the commissioner shall cause an investigation to be made into
				the applicants claim of fitness to have his/her commercial driving privilege
				restored. The commissioner may request, and the applicant must provide, any
				additional information and documentation which the commissioner deems necessary
				to determine the applicants fitness for restoration of his/her commercial
				driving privilege, and may require the applicant to furnish a copy or copies of
				his/her criminal history records and/or motor vehicle operating records, and
				other records including, but not limited to, court, employment, military,
				medical records, for the period of the disqualification, or furnish to the
				commissioner the appropriate releases necessary to secure the criminal history
				records or motor vehicle operating records, or other records, in this state or
				in any other jurisdiction.
A report of the results of the investigation, along with any
				related documents, shall be returned to the Department for review.
If this review indicates that the applicant may be eligible to
				have his/her commercial driving privilege restored, an administrative hearing
				shall be scheduled for the applicant, this hearing to be held in accordance
				with
				23 V.S.A. §§
												105 -
				107, and a
				written decision issued.
If the decision of the administrative hearing is favorable to
				the applicant, the applicant must then complete all of the requirements of a
				new applicant for a CDL before such license shall be issued.
A person shall be eligible for restoration of his/her
				commercial driving privilege under this rule only once following a
				disqualification for life.
The requirements of (1)(a)-(d) of this rule as outlined above
				shall also apply to the period from the date of the applicant's affidavit until
				a new CDL permit is issued.