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BILL AS INTRODUCED 2007-2008

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H.394

Introduced by   Representatives Mook of Bennington, Flory of Pittsford, Lippert of Hinesburg, Barnard of Richmond, Evans of Essex, Fisher of Lincoln, Jerman of Essex, Jewett of Ripton, Mrowicki of Putney, Oxholm of Vergennes and Shand of Weathersfield

Referred to Committee on

Date:

Subject:  Motor vehicles; DUI; conditional operator’s licenses; child support; release from incarceration; work license

Statement of purpose:  This bill proposes to establish a conditional operator’s license for the sole purpose of driving to work which the court may issue to a person whose license is suspended for a first violation of driving under the influence of intoxicating liquor or another substance, or suspended for

nonpayment of child support or where there is a release from incarceration.

AN ACT RELATING TO OPERATING A MOTOR VEHICLE WITH A CONDITIONAL LICENSE TO COMMUTE TO WORK

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. chapter 9, subchapter 3A is added to read:

Subchapter 3A.  Conditional Licenses

§ 691.  CONDITIONAL LICENSE

(a)  For a first violation of section 1201 of this title, the court may issue a conditional license if it finds that:

(1)  the defendant’s BAC was 1.1 or less at the time of operation;

(2)  the defendant has completed one-third of the statutorily required suspension;

(3)  the defendant has enrolled in CRASH; and

(4)  the full suspension period would create an undue hardship for the defendant to continue employment.

(b)  The conditional license referred to in subsection (a) of this section is conditional upon the defendant's total abstention from using alcohol during the period of the license, and on verification of this during weekly BAC testing.

(c)  The conditional license provided for in this subchapter may additionally be issued to persons whose license to operate a motor vehicle has been suspended for nonpayment of child support under the provisions of 15 V.S.A. § 798, or where there is a release from incarceration, and the license has been suspended during incarceration.

(d)  The court shall apprise individuals who are eligible for a conditional license of the provisions of this subchapter.

§ 692.  PERMITTED USE OF CONDITIONAL LICENSES

The court shall direct that the conditional license shall be limited to trips en route to and from the holder’s place of employment, and, if the holder’s place of employment requires the operation of a motor vehicle, during the work hours.

§ 693.  CONDITIONAL LICENSES; FORM

A conditional license shall be in a form the court shall prescribe.  The administrator shall include sections on the form for the court to complete specifying the times and locations of permissible use.

§ 694.  POSSESSION OF CONDITIONAL LICENSE REQUIRED;

            PENALTIES

(a)  A conditional license shall be in the possession of the license holder at all times when the license holder is operating a vehicle.

(b)  A person who violates subsection (a) of this section shall be subject to a civil penalty of $300.00.

(c)  A person who fails to produce a conditional license upon request from a law enforcement officer shall produce the license to the law enforcement officer or his or her agency within 48 hours of the request.  If the conditional license is not produced, the officer shall file an affidavit to that effect with the commissioner who shall immediately revoke the conditional license for the remaining period of suspension.  Production of the license is not a defense to a civil violation of subsection (b) of this section.

(d)  A holder of a conditional license who operates a vehicle in violation of the license’s prescribed time periods or locations shall be guilty of driving with a suspended license in violation of subsection 674(b) of this title.  A law enforcement officer shall seize the conditional license and send it to the commissioner of motor vehicles.  The holder may submit to the commissioner an affidavit attesting to why he or she was not in compliance with the terms of the conditional license.  The commissioner or the commissioner’s designee may reinstate the conditional license if the holder demonstrates by a preponderance of the evidence that the holder was operating in compliance with the conditional license.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us