Title 23: Motor Vehicles

Chapter 13: OPERATION OF VEHICLES

§ 1001. Regulations

(a) The commissioner may make regulations:

(1) Relating to motor vehicle equipment in all cases where its use is not defined in this title and whenever the use or nonuse, contrary to the regulation, in the judgment of the commissioner, may render the operation of the motor vehicle hazardous or unlawful;

(2) Restricting or prohibiting the use of pictures, advertising matter or other thing placed on or over any transparent part of a motor vehicle;

(3) Relating to any other matter or thing which, in his or her judgment, may hinder or impede the operator in the safe and careful operation of a motor vehicle;

(4) In explanation of and in addition to, but not inconsistent with, the provisions of this title concerning any matter or thing which, in his or her judgment, may render the operation of motor vehicles safer and lessen motor vehicle accidents and resulting injuries or fatalities.

(b) The commissioner may make the safety regulations uniform with the regulations of the federal agency having jurisdiction over motor vehicles subject to federal law so far as the regulations are applicable to the vehicles or to vehicles of the same type not subject to federal law, or to both.

(c) The commissioner shall make regulations under this section only in accordance with chapter 25 of Title 3. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 211 (Adj. Sess.), § 10.)

§ 1002. Repealed. 1981, No. 82, § 7(7)

§ 1003. State speed zones

(a) When the traffic committee constituted under 19 V.S.A. § 1(24) determines, on the basis of an engineering and traffic investigation that shall take into account, if applicable, safe speeds within school zones (or safe speeds within 200 feet of school district-operated prekindergarten program facilities owned or leased by a school district) when children are traveling to or from such schools or facilities, that a maximum speed limit established by this chapter is greater or less than is reasonable or safe under conditions found to exist at any place or upon any part of a state highway, including the Dwight D. Eisenhower national system of interstate and defense highways, it may determine and declare a reasonable and safe limit which is effective when appropriate signs stating the limit are erected. This limit may be declared to be effective at all times or at times indicated upon the signs; and differing limits may be established for different times of day, different types of veh

icles, varying weather conditions, or based on other factors, bearing on safe speeds which are effective when posted upon appropriate fixed or alterable signs.

(b) When establishing a maximum speed limit on a state highway contiguous to a school, the traffic committee shall consider, along with the engineering and traffic investigation, data collected for the purpose of promulgating a school travel plan under the Vermont Safe Routes to School program. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2003, No. 151 (Adj. Sess.), § 3; 2009, No. 50, § 100; 2009, No. 123 (Adj. Sess.), § 40, eff. May 26, 2010.)

§ 1004. Interstate highway rules

(a) The traffic committee has exclusive authority to make and publish, and from time to time may alter, amend, or repeal, rules pertaining to vehicular, pedestrian, and animal traffic, and the public safety on the Dwight D. Eisenhower national system of interstate and defense highways and other limited access and controlled access highways within this state. The rules and any amendments or revisions may be made by the committee only in accordance with 3 V.S.A. chapter 25. The rules shall be consistent with accepted motor vehicle codes or standards, shall be consistent with law, and shall not be unreasonable or discriminatory in respect to persons engaged in like, similar, or competitive activities. The rules are applicable only to the extent that they are not in conflict with regulations or orders issued by any agency of the United States having jurisdiction and shall be drawn with due consideration for the desirability of uniformity of law of the several states of the United States

.

(b) Rules authorized by this section are effective on interstate and other limited access and controlled access highways only, taking precedence over those then in force and future highway laws and rules applicable to highways generally; however, the general highway laws and rules are effective on interstate highways until properly authorized rules providing otherwise are adopted.

(c) Rules, together with alterations and amendments of rules, made under this section have the force of law, and violations shall be traffic violations under section 2302 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 16, § 2, eff. March 1, 1973; 2003, No. 109 (Adj. Sess.), § 6; 2009, No. 123 (Adj. Sess.), § 41, eff. May 26, 2010.)

§ 1005. Parking regulations

The traffic committee may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway under its jurisdiction where, in its opinion, stopping, standing or parking is dangerous to those using the highway or would unduly interfere with the free movement of traffic. The signs shall be official signs, and no person may stop, stand, or park any vehicle in violation of the restrictions stated on such signs. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1006. Stopping at railroad crossings

The traffic committee may designate particularly dangerous railroad grade crossings, and the agency of transportation shall erect stop signs at each. The expense of erecting these stop signs shall be borne by the agency of transportation. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; 1983, No. 25, § 1; amended 1997, No. 150 (Adj. Sess.), § 14.)

§ 1006a. Highways; emergency closure

(a) The traffic committee may close any part or all of any state highway to public travel to protect the health, safety or welfare of the public. In such event the agency of transportation shall properly mark and maintain a detour around the closed section.

(b) The traffic committee may establish a temporary speed limit within that portion of the state highways that is being reconstructed or maintained. The limit shall be effective when appropriate signs stating the limit are erected.

(c) Under chapter 25 of Title 3, the traffic committee shall make and promulgate such rules as are necessary to administer this section and may delegate this authority to the agency of transportation.

(d) Notwithstanding the limit established in subsection 2302(d) of this title, the penalty for violation of speed limits established under subsection (b) of this section shall be twice the penalty for nonworksite speed violations. (Added 1975, No. 4, eff. Feb. 14, 1975; amended 1991, No. 15, § 1; 1997, No. 150 (Adj. Sess.), § 15.)

§ 1006b. Smugglers notch; winter closure of Vermont Route 108

The agency of transportation may close the Smugglers Notch segment of Vermont Route 108 during periods of winter weather. To enforce the winter closure, the agency shall erect signs conforming to the standards established by section 1025 of this title. (Added 2007, No. 75, § 37; amended 2007, No. 164 (Adj. Sess.), § 52.)

§ 1006c. Trucks and buses; chains and tire requirements

(a) The traffic committee may require the use of tire chains or winter tires on specified portions of state highways during periods of winter weather for motor coaches, truck-tractor-semitrailer combinations, and truck-tractor-trailer combinations.

(b) When tire chains or winter tires are required, advance notice shall be given to the traveling public through signage and, whenever possible, through public service announcements. In areas where tire chains or winter tires are required, there shall be an adequate area for vehicles to pull off the traveled way to affix any chains that might be required.

(c) Under 3 V.S.A. chapter 25, the traffic committee may adopt such rules as are necessary to administer this section and may delegate this authority to the secretary. (Added 2009, No. 50, § 71.)

§ 1007. Local speed limits

(a) The legislative body of a municipality may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any city, town or village highway within its jurisdiction, which:

(1) is not more than 50 miles per hour; however, after considering neighborhood character, abutting land use, bicycle and pedestrian use, and physical characteristics of the highways, the legislative body of a municipality may vote to set the maximum speed limit, without an engineering and traffic investigation, at not more than 50 miles per hour nor less than 35 miles per hour, on all or a portion of unpaved town highways within its boundaries, unless otherwise posted in accordance with the provisions of this section; or

(2) is not less than 25 miles per hour.

If the legislative body of a municipality votes to set the speed limit on all unpaved town highways in its boundaries at no more than 50 miles per hour nor less than 35 miles per hour as provided for in subdivision (a)(1) of this section, signs shall be located at points of change from one speed limit to another.

(b) The legislative body of a city may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any state highway, other than a limited access highway, within its jurisdiction, which:

(1) is not more than 50 miles per hour; or

(2) is not less than 25 miles per hour.

(c) Any altered limit is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the street or highway.

(d) The special regulations have the full force and effect of law and are in the case of regulations adopted under subsections (a) and (b) of this section subject to review by the traffic committee, whose decision is final.

(e) Lack of evidence of a traffic and engineering study will not invalidate a local speed limit ordinance as adopted or amended under this section after five years following the day on which the speed limit ordinance took effect.

(f) Notwithstanding the procedure outlined in this section for enacting a local speed limit, a town or village may adopt a local speed ordinance on a state highway, other than on limited access highways, provided the ordinance duplicates the speed limit established under section 1003 of this title.

(g) Notwithstanding any requirements of section 1025 of this title, downtown development districts designated under chapter 76A of Title 24 may have posted speed limits of less than 25 miles per hour. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 239 (Adj. Sess.), § 2; 1975, No. 232 (Adj. Sess.), § 9, eff. April 7, 1976; 1989, No. 261 (Adj. Sess.), § 1, eff. June 16, 1990; 1995, No. 133 (Adj. Sess.), § 2; 1997, No. 120 (Adj. Sess.), § 7; 1999, No. 32, § 1.)

§ 1007a. Neighborhood electric vehicles; speed limit

The maximum speed for a neighborhood electric vehicle shall be 25 miles per hour. (Added 2003, No. 8, § 2.)

§ 1008. Regulations in municipalities

(a) The legislative body of a municipality may make special regulations as to the operation, use, and parking of motor vehicles, including angle parking, as to the location, design, and structure of traffic lights, as to "stop" signs and "yield right of way" signs at intersections, as to "no-passing" zones, and as to streets designated for one way traffic in the thickly settled portions of the municipality and may cause any street or highway of adequate width to be divided by appropriate markings into three or more lanes, and may, by ordinance or regulation, regulate the direction of travel and the turning of vehicles proceeding in those lanes and the passing of vehicles in one lane by overtaking vehicles in another lane, may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby direct the course traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver may turn a vehicle at an intersection othe

r than as directed by the markers, buttons or signs. However, signs indicating the special regulations must be conspicuously posted in and near all areas affected. Special regulations may not be established on any state highway as defined by section 1 of Title 19. Regulations on all state highways may be made only by the traffic committee under section 1003 of this title, except that the traffic committee may authorize the legislative body of a municipality to regulate parking within a thickly settled area of a municipality, particularly described in the authorization, on state highways. The board of school directors of a union high school district may make special regulations as to the operation, use, and parking of motor vehicles within the boundaries of its school property.

(b) The legislative body of a municipality may make special regulations as to the use of lights at night on motor vehicles at rest or in motion on well lighted streets.

(c) Municipal motor vehicle regulations shall not duplicate or contradict any provision of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1971, No. 258 (Adj. Sess.), § 13, eff. March 1, 1973.)

§ 1008a. Regulation of motor vehicles at state airports

The secretary may adopt rules governing the operation, use, and parking of motor vehicles on the grounds of state airports, including the access roads. Signs indicating the special regulations shall be conspicuously posted in and near all areas affected. (Added 1993, No. 61, § 26, eff. June 3, 1993.)

§ 1009. Restrictions of controlled-access roadway

(a) The traffic committee by resolution or order entered in its minutes may regulate or prohibit the use of any controlled-access highway by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.

(b) The traffic committee adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable and when these are in place, no person shall disobey the restrictions stated on such devices.

(c) The traffic committee may authorize the stopping of a school bus on a controlled-access highway to pick up or discharge passengers, except the National System of Interstate and Defense Highways, if after a traffic and engineering study they determine that there is no viable alternative and that adequate safety, both for the passengers, school bus and other highway users, can be maintained. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 9.)

§ 1010. Special occasions; town highway maintenance

(a) When it appears that traffic will be congested by reason of a public occasion or when a town highway is being reconstructed or maintained or where utilities are being installed, relocated, or maintained, the legislative body of a municipality may make special regulations as to the speed of motor vehicles, may exclude motor vehicles from town highways and may make such traffic rules and regulations as the public good requires. However, signs indicating the special regulations must be conspicuously posted in and near all affected areas, giving as much notice as possible to the public so that alternative routes of travel could be considered.

(b) Notwithstanding the limit established in subsection 2302(d) of this title, the penalty for violation of speed limits established under the work site provision of this section shall be twice the penalty for nonwork site speed violations. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1991, No. 15, § 2; 1997, No. 150 (Adj. Sess.), § 16; 2009, No. 123 (Adj. Sess.), § 42.)

§ 1011. Applicability of this chapter

(a) The provisions of this chapter relating to the operation of motor vehicles apply to operation upon public highways only, except where a different place is specifically referred to.

(b) On duty enforcement officers are exempt from the speed limits established in accordance with sections 1003 and 1007 of this title, and fixed by section 1081 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1012. Obedience to enforcement officers

(a) A person, while operating or in charge of a motor vehicle shall, upon request by an enforcement officer who reasonably suspects that the person has committed or is committing a violation of this title, give his or her name and address and the name and address of the owner of the motor vehicle.

(b) The operator shall produce his or her operator's license and the registration certificate for the motor vehicle. If the operator does not have a valid Vermont operator's license or does not have the license on his or her person, the operator shall produce other suitable forms of identification. A person operating a motor vehicle shall promptly and carefully stop when signalled to stop by an enforcement officer wearing insignia which identifies the officer.

(c) A person who violates subsection (a) of this section shall be fined not more than $1,250.00.

(d) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $250.00. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 109, § 6, eff. July 1, 1990; 1999, No. 58, § 7.)

§ 1013. Authority of enforcement officers

Enforcement officers may make arrests for violation of this title, may direct, control and regulate traffic and make reasonable orders in enforcement of this title or to prevent or alleviate traffic congestion, property damage, or personal injury. No person may knowingly fail or refuse to comply with any lawful order or direction of any enforcement officer. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1014. Persons riding animals

A person riding an animal or driving any animal-drawn vehicle upon a road is granted all of the rights and is subject to all of the duties applicable to the driver of a motor vehicle by this chapter except those provisions of this chapter which by their very nature can have no application. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1015. Authorized emergency vehicles

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when responding to, but not returning from, a fire alarm and a law enforcement officer operating an authorized emergency vehicle in fresh pursuit of a suspected violator of the law:

(1) may park or stand contrary to the provisions of this chapter;

(2) may proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) shall come to a full stop when approaching a school bus which is flashing red lights and may proceed only when the flashing red lights are extinguished;

(4) may exceed the maximum speed limits;

(5) may disregard regulations governing direction of movement or turning in specified directions.

(b) The exemptions granted to an authorized emergency vehicle apply only when the vehicle is making use of audible or visual signals meeting the requirements of this title.

(c) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.

(d) The operator of a school bus, upon the approach of an authorized emergency vehicle as described in subsection (a) of this section, shall take action immediately to get school children out of the public highway and to a safe place and shall thereafter extinguish the flashing red lights. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 97, §§ 1, 2.)

§ 1016. Reports of arrests

Law enforcement officers who make arrests or issue citations for violations of this title shall forward a written report on forms prescribed and furnished by the commissioners of motor vehicles and public safety and approved by the attorney general with respect to any matter affecting the substantive rights of any person, to the department of motor vehicles within 30 days after the arrest is made or the citation is issued. (Added 1975, No. 72, eff. April 18, 1975; amended 1981, No. 81, § 2, eff. May 5, 1981; 2009, No. 39, § 2.)

§ 1021. Obedience to traffic-control devices

(a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable to him or her placed in accordance with this chapter unless otherwise directed by an enforcement officer, subject to the exceptions granted in this chapter.

(b) No provision of this chapter for which signs are required may be enforced if at the time and place of the alleged violation an official sign is not in approximately proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, the section is effective even though no signs are erected or in place.

(c) Whenever official traffic-control devices are placed in positions approximately conforming to this chapter the devices are presumed to have been placed by the official act or direction of lawful authority, unless the contrary is established by competent evidence.

(d) An official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to the device is presumed to comply with this act, unless the contrary is established by competent evidence. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1022. Traffic-control signals

(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow may be used, except for special pedestrian signals carrying a word legend, and the signals shall indicate and apply to drivers and pedestrians as follows:

(1) Green signal:

(A) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles or to pedestrians lawfully within the intersection or on an adjacent crosswalk at the time the signal is exhibited.

(B) Vehicular traffic facing a green arrow signal, shown alone or in combination with another signal, may cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other signals shown at the same time. Vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk or to other traffic lawfully using the intersection.

(C) Unless otherwise directed by a pedestrian-control signal, as provided in section 1023 of this title, pedestrians facing a green signal may proceed across the roadway within any marked or unmarked crosswalk, but not when the sole green signal is a turn arrow.

(2) Steady yellow signal:

(A) Vehicular traffic facing a steady yellow signal is thereby warned that the related green signal is being terminated or that a red signal will be exhibited immediately thereafter, when vehicular traffic shall not enter the intersection.

(B) Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal as provided in section 1023 of this title, are advised that there is insufficient time to cross the roadway before a red signal is shown, and no pedestrian shall then start to cross the roadway.

(3) Steady red signal:

(A) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, shall stop before entering the crosswalk on the near side of the intersection.

(B) Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one way street into a one way street, after stopping as required by subdivision (A) of this subdivision. This traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. No motorist shall turn right when facing a red arrow signal indication unless a regulatory sign is present which permits this movement.

(C) Unless otherwise directed by a pedestrian-control signal as provided in section 1023 of this title, pedestrians facing a steady red signal alone shall not enter the roadway.

(b) If an official traffic-control signal is erected and maintained at a place other than an intersection, this section is applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop is to be made, but in the absence of any sign or marking the stop shall be made at the signal. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 144 (Adj. Sess.), eff. Feb. 25, 1976; 1977, No. 8; 2007, No. 75, § 28.)

§ 1023. Pedestrian-control signals

Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place the signals indicate as follows:

(1) "Walk": pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right of way by all drivers.

(2) "Don't Walk": no pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has begun his or her crossing on the "Walk" signal shall proceed to a sidewalk or a safety island while the "Don't Walk" signal is showing. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1024. Flashing signals

(a) Whenever a flashing red or yellow signal is used in a traffic sign or signal it requires obedience by vehicular traffic as follows:

(1) Flashing red: When a red lens is illuminated with rapid intermittent flashes, drivers shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if there are none, before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign.

(2) Flashing yellow: When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

(b) This section does not apply to railroad grade crossings. Conduct of drivers approaching railroad grade crossings is governed by sections 1071, 1072, and 1073 of this title.

(c) This section does not apply to operators of vehicles encountering school buses. Conduct of drivers encountering school buses is governed by section 1075 of this title. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1025. Standards

(a) The United States Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) for streets and highways as amended shall be the standards for all traffic control signs, signals, and markings within the state. The latest revision of the MUTCD shall be adopted upon its effective date except in the case of projects beyond a preliminary state of design that are anticipated to be constructed within two years of the otherwise applicable effective date; such projects may be constructed according to the MUTCD standards applicable at the design stage. Existing signs, signals, and markings shall be valid until such time as they are replaced or reconstructed. When new traffic control devices are erected or placed or existing traffic control devices are replaced or repaired the equipment, design, method of installation, placement or repair shall conform with the MUTCD.

(b) The standards of the MUTCD shall apply for both state and local authorities as to traffic control devices under their respective jurisdiction.

(c) Traffic and control signals at intersections with exclusive pedestrian walk cycles shall be of sufficient duration to allow a pedestrian to leave the curb and travel across the roadway before opposing vehicles receive a green light. Determination of the length of the signal shall take into account the circumstances of persons with ambulatory handicaps. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 26; 1985, No. 138 (Adj. Sess.), § 5; 2009, No. 123 (Adj. Sess.), § 33.)

§ 1026. Lane control signals

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic shall travel in any lane over which there is a green signal, but may not enter or travel in any lane over which there is a red signal. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1027. Unauthorized signs, signals or markings

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking, or device which is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which obscures or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.

(b) No person shall place or maintain upon any highway, nor may any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising, except as otherwise provided in chapter 21 of Title 10.

(c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, nor shall this provision affect any right or obligation created or recognized under chapter 21 of Title 10.

(d) Every prohibited sign, signal or marking is a public nuisance, and the agency of transportation may remove it or cause it to be removed without notice. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1028. Interference with devices or signals

No person shall, without lawful authority, alter or attempt to alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1029. Municipal signs

Notwithstanding the provisions of sections 1025 and 1027 of this title, municipalities may erect alternative signs of a guidance or informational nature and creative design, in accordance with the provisions of subdivision 494(13) of Title 10, to assist persons in reaching destinations that are transportation centers, geographic districts, historic monuments, and significant or unique educational, recreational or cultural landmarks. (Added 1991, No. 197 (Adj. Sess.), § 2.)

§ 1031. Driving to right

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4) Upon a roadway restricted to one-way traffic.

(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subdivision (a)(2) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an intersecting highway, an alley, private road or driveway when authorized. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1032. Passing vehicles proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1033. Passing motor vehicles and vulnerable users

(a) Passing motor vehicles. Motor vehicles proceeding in the same direction may be overtaken and passed only as follows:

(1) The driver of a motor vehicle overtaking another motor vehicle proceeding in the same direction may pass to its left at a safe distance, and when so doing shall exercise due care, shall not pass to the left of the center of the highway unless the way ahead is clear of approaching traffic, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken motor vehicle shall give way to the right in favor of the overtaking motor vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

(b) Passing vulnerable users. The operator of a motor vehicle approaching or passing a vulnerable user as defined in subdivision 4(81) of this title shall exercise due care, which includes increasing clearance, to pass the vulnerable user safely, and shall cross the center of the highway only as provided in subdivision (a)(1) of this section. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2009, No. 114 (Adj. Sess.), § 2..)

§ 1034. Passing on the right

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only as follows:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a street or highway of sufficient width for two or more lines of moving vehicles in one or more directions and with unobstructed pavement not occupied by parked vehicles; or

(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(b) In no event may a vehicle be passed by driving off the pavement or main-traveled portion of the roadway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1035. Limitations

(a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completed without interfering with the operation of any vehicle approaching from the opposite direction or of any vehicle overtaken. In every event the overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, if the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

(b) A vehicle shall not pass another from the rear under any of the following conditions:

(1) When approaching or upon the crest of a grade or upon a curve in the highway where the driver's view is in any way obstructed;

(2) When approaching within 100 feet of, or traversing, any intersection or railroad grade crossing unless otherwise indicated by official traffic control devices; or

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

(c) The foregoing limitations do not apply upon a one-way roadway, or when subdivision 1031(a)(2) of this title applies, or where a vehicle is turning left into an alley, private road or driveway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1995, No. 73 (Adj. Sess.), § 2.)

§ 1036. No-passing zones

(a) The traffic committee is authorized to determine those portions of any highway under its jurisdiction where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may, by appropriate signs indicate the beginning and end of the zones, and when the signs are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions.

(b) Where signs are in place to define a no-passing zone as set forth in subsection (a) of this section no driver shall at any time drive to the left of the center of the roadway within the no-passing zone.

(c) Restrictions imposed under this section do not apply when subdivision 1031(a)(2) of this title applies, or where a vehicle is turning left into an alley, private road or driveway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1037. One-way roadways and rotaries

(a) The traffic committee may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.

(b) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.

(c) A vehicle passing around a rotary traffic island shall be driven only to the right of the island. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1038. Driving on roadways laned for traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules shall apply in addition to all others consistent therewith:

(1) A vehicle shall only be driven, as nearly as practicable, entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle may be driven in the center lane only when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by official traffic-control devices.

(3) Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of the signs.

(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of these devices. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1039. Following too closely, crowding, and harassment

(a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and the conditions of, the highway. The operator of a vehicle shall not, in a careless or imprudent manner, approach, pass, or maintain speed unnecessarily close to a vulnerable user as defined in subdivision 4(81) of this title, and an occupant of a vehicle shall not throw any object or substance at a vulnerable user.

(b) The driver of any vehicle, when traveling upon a roadway outside a business or residential district and which is following another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger, except that this shall not prevent a vehicle from overtaking and passing any other vehicle.

(c) Vehicles being driven upon any roadway in a caravan or motorcade, other than a funeral procession, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy the space without danger. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2009, No. 114 (Adj. Sess.), § 3.)

§ 1040. Driving on divided highways

Whenever any highway is divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle may be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any dividing space, barrier or section. A vehicle may be driven through an opening in a physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically prohibited by public authority. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1041. Restricted access roadways

No person may drive a vehicle onto or from any controlled-access roadway except at entrances and exits established by public authority. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1042. Restricting the use of town highways

(a) The legislative body of a municipality may, with the approval of the secretary of transportation, designate highways and bridges under their control, except for class 1 town highways, for use by specified types of motor vehicles based on volume and type of traffic and character of the neighborhood. However, when the legislative body of a municipality requests in writing, the secretary of transportation may set the weight limit on a class 1 town highway at less than the state highway limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the state highway limit. When a highway or bridge has been so restricted, signs shall be placed in accordance with the provisions of section 1397 of this title.

(b) In making the determination as to whether a reasonable alternative route is available, the secretary of transportation shall, at a minimum, consider the following factors:

(1) Whether the alternative routing will reduce or relieve traffic congestion in a downtown area.

(2) Whether the alternative routing will enhance safety.

(3) The length of the alternative route, and any increase in time made necessary by use of the alternative route.

(4) Whether an adverse effect has been created relative to the quiet enjoyment and property values of people living along the alternative route.

(c) Any decision of the secretary made under this section may be appealed, in writing, to the transportation board within 30 days of the secretary's decision. The transportation board shall decide the question within 45 days of receipt of the appeal, and may take evidence or testimony.

(d) [Repealed.]  (Added 1989, No. 121, § 20b, eff. June 22, 1989; amended 1995, No. 119 (Adj. Sess.), § 3; 1999, No. 154 (Adj. Sess.), § 16; 2007, No. 164 (Adj. Sess.), § 63.)

§ 1043. Operation of neighborhood electric vehicles; vehicle sales requirements

(a) Except as provided in subsections (b) and (c) of this section, the operator of a neighborhood electric vehicle may not operate the vehicle on a highway with a speed limit in excess of 35 miles per hour.

(b) The traffic committee for state highways or the legislative body of a municipality for town highways may prohibit the use of neighborhood electric vehicles on highways under their jurisdiction when deemed to be in the interest of public safety.

(c)(1) The operator of a neighborhood electric vehicle may cross a highway which has a speed limit of 50 miles per hour or less if the crossing begins and ends on a highway authorized for use by these vehicles, and there is an intersection that is controlled by traffic control signals.

(2) Notwithstanding the provisions of this subsection, the traffic committee or the legislative body of a municipality may prohibit the operator of a neighborhood electric vehicle from traversing an intersection under their respective jurisdictions when the prohibition is deemed to be in the best interest of public safety. A prohibition shall become effective when appropriate signs giving notice are erected at the crossing.

(d) Rules adopted under the provisions of 10 V.S.A. chapter 23 (air pollution control) shall not include a requirement for delivery or sales of electric vehicles that derive all of their power from batteries. (Added 2003, No. 8, § 3.)

§ 1046. Vehicle approaching or entering intersection

(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

(b) The right of way rule declared in subsection (a) of this section is modified at through highways and otherwise as stated in this chapter.

(c) The above rules are modified as follows:

(1) Whenever enforcement officers are present they have the full power to regulate traffic;

(2) As otherwise provided in this chapter;

(3) All intersecting highways shall be approached and entered slowly, with due care to avoid accidents. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1047. Vehicle turning left

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is either within the intersection or so close as to constitute an immediate hazard. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1048. Stop or yield intersections

(a) Preferential right of way at an intersection may be indicated by "stop" signs or "yield" signs.

(b) Except when directed to proceed by an enforcement officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

(c) The driver of a vehicle approaching a yield sign shall in obedience to the yield sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. However, if the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver's failure to yield right of way. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1995, No. 73 (Adj. Sess.), §

3.)

§ 1049. Vehicle entering from private road

The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right of way to all vehicles approaching on the highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1050. Operation on approach of law enforcement and emergency vehicles

(a) Upon the approach of a law enforcement vehicle which is sounding a siren or displaying a blue or blue and white signal lamp, or both, or upon the approach of an ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, EMS personnel, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is sounding a siren or displaying a red signal lamp, or both, all other vehicles shall pull to the right of the lane of traffic and come to a complete stop, until the law enforcement or emergency vehicle has passed. However, an enforcement officer who is present shall have full power to regulate traffic irrespective of the foregoing provisions.

(b) The operator of a vehicle which is approaching a stationary law enforcement vehicle which is displaying a blue or blue and white signal lamp, or of a vehicle which is approaching a stationary ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is displaying a red signal lamp or a stationary towing and repair vehicle displaying an amber signal lamp shall proceed with caution, and, if traveling on a four-lane highway, and safety conditions permit, make a lane change.

(c) This section does not relieve the operator of an authorized law enforcement or emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2001, No. 84 (Adj. Sess.), § 1; 2005, No. 175 (Adj. Sess.), § 54.)

§ 1050a. Authorized highway maintenance vehicles

(a) For purposes of this section, "authorized vehicle" means a vehicle authorized by the agency of transportation (in the case of state highways) or the municipality (in the case of town highways) to perform maintenance on a highway.

(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway when the vehicle displays flashing lights meeting the requirements of subsection 1252(b) of this title. (Added 2007, No. 164 (Adj. Sess.), § 37.)

§ 1051. Pedestrians' right of way in crosswalks

(a) If traffic-control signals are not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a crosswalk.

(b) No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for a driver to yield.

(c) If any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1985, No. 138 (Adj. Sess.), § 6.)

§ 1052. Crossing except at crosswalks

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk shall yield the right-of-way to all vehicles upon the roadway.

(b) Every pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian may cross a roadway intersection diagonally unless authorized by official traffic-control devices or an enforcement officer. When authorized to cross diagonally, pedestrians may cross only in accordance with the official traffic-control devices or signal of an enforcement officer. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2003, No. 151 (Adj. Sess.), § 6.)

§ 1053. Repealed. 2009, No. 114 (Adj. Sess.), § 8.

§ 1054. Pedestrians to use right half of crosswalks

Pedestrians may move, whenever practicable, upon the right half of crosswalks only. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1055. Pedestrians on roadways

(a) Where public sidewalks are provided no person may walk along or upon an adjacent roadway.

(b) Where public sidewalks are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing the direction of possible oncoming traffic. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1056. Highway solicitations

(a) Except as provided in subsection (b) of this section, no person may stand within the roadway of a highway as defined in subdivision 4(32) of this title for the purpose of soliciting a ride, contributions, employment or business from the occupant of any vehicle.

(b) Not-for-profit and municipal organizations may solicit contributions on the roadway of a highway, other than limited access highways, provided that approval is granted by the local legislative body, and the legislative body ensures that there is in effect a policy of liability insurance providing adequate coverage for the municipality. Approval shall not be granted by the local legislative body if the proposed activities or location would, in the judgment of the legislative body, create a safety hazard or cause undue traffic congestion. No solicitations on the roadway may be done by any person under 16 years of age.

(c) No person may stand within the portion of the highway right of way used for highway purposes for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 20, eff. March 7, 1973; 1989, No. 212 (Adj. Sess.).)

§ 1057. Duty toward blind persons

(a) Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick, white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where the pedestrian is attempting to cross, shall bring his or her vehicle to a full stop before arriving at the intersection or place of crossing and before proceeding shall take such precautions as may be necessary to avoid injuring the pedestrian.

(b) It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red.

(c) Nothing in this section deprives any totally or partially blind or otherwise incapacitated person, not carrying a cane or walking stick and not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, and the failure of any totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon streets, highways or sidewalks within this state, does not constitute and is not evidence of contributory negligence. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1058. Duties of pedestrians

All pedestrians shall obey the instructions of all traffic control devices which are applicable to them, and all instructions of enforcement officers relating to control of traffic. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1059. Driving through safety zone

No vehicle shall at any time be driven through or within a safety zone. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1061. Turning at intersections

A driver intending to turn at an intersection or into an alley, private road or driveway shall proceed as follows:

(1) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1062. Turning prohibited

No person shall turn a vehicle in order to proceed in the opposite direction on any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction for a distance of 500 feet. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1063. Starting parked vehicles

No person shall move a vehicle which is stopped, standing or parked unless the movement can be made with reasonable safety. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1064. Signals required

(a) Before changing direction or materially slackening speed, a driver shall give warning of his or her intention with the hand signals as provided in section 1065 of this title, or with a mechanical or lighting device approved by the commissioner of motor vehicles.

(b) No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 1061 of this title, or turn a vehicle to enter an alley, private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless such movement can be made with reasonable safety.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(d) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

(e) The signals provided for in section 1065 of this title shall be used to indicate an intention to turn, change lanes, or start from a parked position and may not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1065. Hand signals

(a) A right or left turn shall not be made without first giving a signal of intention either by hand or by signal in accordance with section 1064 of this title. Except as provided in subsection (b) of this section, all signals to indicate change of speed or direction, when given by hand, shall be given from the left side of the vehicle and in the following manner:

(1) Left turn. - Hand and arm extended horizontally.

(2) Right turn. - Hand and arm extended upward.

(3) Stop or decrease speed. - Hand and arm extended downward.

(b) A person operating a bicycle may give a right-turn signal by extending the right hand and arm horizontally and to the right side of the bicycle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2009, No. 114 (Adj. Sess.), § 4, eff. May 20, 2010.)

§ 1071. Railroad grade crossings

(a) A driver approaching a railroad grade crossing shall stop within 50 feet of, but not nearer than 15 feet from, the nearest rail of the railroad, and may not proceed until he can do so safely, when

(1) An electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2) A crossing gate is lowered or a human flagman gives a signal of the approach or passage of a railroad train;

(3) A railroad train approaching within 80 rods (1320 feet) of the highway crossing emits a signal audible from that distance, and the train, by reason of its speed or nearness, is an immediate hazard;

(4) A railroad train is plainly visible and is in hazardous proximity to or is at the crossing; or

(5) A stop sign has been erected at the crossing pursuant to section 1006 of this title.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

(c) Nothing in this section prohibits a person from operating a motor vehicle across the tracks of a railroad at grade while a mechanical warning signal is in operation, provided he or she first brings the vehicle to a full stop and reasonably ascertains that the tracks can be crossed safely. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1983, No. 25, § 2.)

§ 1072. Certain vehicles must stop

(a) The driver of any motor vehicle carrying passengers for hire except for jitneys designed to carry not more than seven passengers including the driver, of any school bus or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop within 50 feet, but not less than 15 feet, from the nearest rail of the railroad and while so stopped shall look and listen in both directions along the track for any approaching train and for signals indicating the approach of a train and may not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross so that there will be no necessity for changing gears while traversing the crossing, and the driver may not shift gears while crossing the track or tracks.

(b) No stop need be made at any crossing where an attendant, an enforcement officer or a traffic-control signal directs traffic to proceed.

(c) The driver of a Type I school bus stopping as required under subsection (a) of this section shall open the door of the bus before crossing the railroad tracks. Drivers of Type II school buses shall open the left front window.

(d) Except when required by section 1071 of this title, stopping is not required at a crossing that has been signed as "exempt" in accordance with a designation of the transportation board. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1979, No. 39, § 1; 1983, No. 49, eff. April 21, 1983; 1985, No. 2; 1985, No. 268 (Adj. Sess.), § 1; 1991, No. 49, § 2, eff. June 4, 1991; 1997, No. 32, § 2.)

§ 1073. Heavy equipment

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 miles per hour or less upon or across any tracks at a railroad grade crossing except in accordance with this section.

(b) Before making any crossing the person operating or moving any such equipment shall first stop within 50 feet of, but not nearer than 15 feet from, the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and may not proceed until the crossing can be made safely.

(c) No crossing may be made when warning is given by automatic signal, crossing gates, flagman or otherwise of the immediate approach of a railroad train or car.

(d) If a flagman is provided by the railroad, movement over the crossing shall be under his or her direction. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1074. Vehicle entering roadway

A driver of a vehicle emerging from an alley, private road, legal trail, class 4 town highway, class 3 town highway serving only one residence or driveway shall stop immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, shall yield the right of way to any pedestrian as may be necessary to avoid contact, and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; 1995, No. 73 (Adj. Sess.), § 4.)

§ 1075. Passing school bus

(a) The operator of a motor vehicle, including authorized emergency vehicles under section 1015 of this title, upon meeting or overtaking a vehicle marked and equipped as provided in section 1283 of this title which has stopped on the highway for the purpose of receiving or discharging public or private school children shall stop his or her vehicle immediately and shall keep it stationary while the flashing red signal lights are in operation.

(b) The driver of a vehicle need not stop upon a highway with separate roadways upon meeting or overtaking a school bus which is on a different roadway, or upon a controlled access highway where the school bus is stopped in a loading zone which is a part of or adjacent to the highway at a point where pedestrians are not permitted to cross the roadway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 149 (Adj. Sess.), § 3; 1981, No. 97, § 3.)

§ 1076. Commercial motor vehicles; railroad crossings

(a) Persons operating a commercial vehicle who are not required to stop at railroad crossings shall slow to a speed sufficient to allow for a clear view of the tracks in both directions, and stop before reaching the crossing if a train is approaching in either direction.

(b) Operators of commercial and noncommercial vehicles shall:

(1) allow sufficient space to drive completely through a railroad crossing without stopping;

(2) obey a traffic control device or the directions of an enforcement official at the crossing;

(3) not attempt to cross tracks if there is insufficient undercarriage clearance. (Added 2003, No. 26, § 4.)

§ 1081. Basic rule and maximum limits

(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, having regard for the actual and potential hazards then existing. In every event speed shall be controlled as necessary to avoid colliding with any person, vehicle or other object on or adjacent to the highway.

(b) Except when there exists a special hazard that requires lower speed in accordance with subsection (a) of this section, the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of 50 miles per hour.

(c) The maximum speed limits set forth in this section may be altered in accordance with sections 1003, 1004, 1007, and 1010 of this title.

(d) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate, reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching the crest of a hill, when traveling upon any narrow or winding roadway, and when special hazard exists. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1082. Slow-moving vehicles

All slow-moving vehicles shall keep at all times as close to the right-hand side of the highway as is reasonably practicable. A person operating a motor vehicle which impedes other traffic on a highway shall pull off the highway at the first opportunity to allow the traffic to pass before proceeding. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1083. Special speed limitations

(a) No person may drive any vehicle equipped with iron, steel or solid rubber tires at a speed greater than 10 miles per hour.

(b) No person may drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, except when the bridge or structure is signposted as provided in this section. The legislative body of a municipality may erect notices one hundred feet in both directions along the highway stating the maximum speed at which vehicles may be operated on the bridge or structure.

(c) The traffic committee, upon request from the legislative body of any municipality shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that the bridge or structure cannot, with safety to itself, withstand vehicles traveling at the speed otherwise permissible under this chapter, the committee shall declare the maximum speed of vehicles upon the bridge or structure and shall cause or permit suitable signs stating the maximum speed to be erected and maintained before each end of the bridge or structure.

(d) No person may drive a vehicle towing a trailer exempted from the weight requirements as provided in subsection 1307(h) of this title at speeds greater than 35 miles per hour. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 213 (Adj. Sess.), § 4, eff. April 1, 1976.)

§ 1091. Negligent operation; grossly negligent operation

(a) Negligent operation.

(1) A person who operates a motor vehicle on a public highway in a negligent manner shall be guilty of negligent operation.

(2) The standard for a conviction for negligent operation in violation of this subsection shall be ordinary negligence, examining whether the person breached a duty to exercise ordinary care.

(3) A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both. If the person has been previously convicted of a violation of this subsection, the person shall be imprisoned not more than two years or fined not more than $3,000.00, or both.

(b) Grossly negligent operation.

(1) A person who operates a motor vehicle on a public highway in a grossly negligent manner shall be guilty of grossly negligent operation.

(2) The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.

(3) A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both. If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both. If serious bodily injury as defined in 13 V.S.A. § 1021 or death of any person other than the operator results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both. If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.

(c) The provisions of this section do not limit or restrict the prosecution for manslaughter.

(d) A person convicted of violating subsection (b) of 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. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 220 (Adj. Sess.); 1991, No. 55, § 16; 1995, No. 21, § 4; 1995, No. 151 (Adj. Sess.), § 2; 1997, No. 117 (Adj. Sess.), § 23; 2007, No. 195 (Adj. Sess.), § 2.)

§ 1092. Damaging surface of road

No person may operate or move upon or over any highway or bridge a vehicle, machine or contrivance which has any flange, ribs, clamps, or other object attached to or made a part of, its wheels which will injure, cut into, or destroy the surface of the highway or bridge to any appreciable extent. This provision does not restrict the right of any person to use tires which are equipped with "studs" or "cleats," so-called, of a type designed for general use to facilitate travel in winter. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1093. Smoke screen device

No person may operate, or permit to be operated, a motor vehicle which is equipped with any special device or contrivance, subject to the control of the operator, designed to give off a smoke screen, so-called, or designed to impede or hinder any law enforcement officer, in the discharge of his or her duties. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1094. Operation without consent of owner; aggravated operation without consent of owner

(a) A person commits the crime of operation without consent of the owner if the person, without the consent of the owner, knowingly takes, obtains, operates, uses or continues to operate the motor vehicle of another.

(b) A person commits the crime of aggravated operation without consent of the owner if the person, without the consent of the owner, knowingly takes, obtains, operates, uses or continues to operate the motor vehicle of another, and:

(1) The motor vehicle is not recovered within 24 hours of the time it is determined the theft occurred regardless of whether the operator is then in actual or constructive possession of the vehicle; or

(2) The motor vehicle sustains $500.00 or more in damage during the commission of the offense; or

(3) The person does any of the following:

(A) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle.

(B) Attempts to alter or remove or alters or removes the vehicle identification number as defined in subdivision 2001(3) of this title.

(C) Uses the motor vehicle in the commission of a felony.

(D) Causes bodily injury to another while operating or exercising control of the motor vehicle.

(E) Abandons the motor vehicle outside of the state of Vermont.

(F) Unlawfully attaches or otherwise displays in or upon the motor vehicle registration plates other than those officially issued for the motor vehicle.

(c) A person convicted under subsection (a) of this section of operation without consent of the owner shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(d) A person convicted under subsection (b) of this section of aggravated operation without consent of the owner shall be imprisoned not more than five years or fined not more than $2,000.00, or both.

(e) This section shall not be construed to limit or restrict prosecutions for grand larceny.

(f) 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. (Added 1971, No. 258 (Adj. Sess.) § 3, eff. March 1, 1973; amended 1973, No. 109, § 9, eff. May 25, 1973; 1997, No. 117 (Adj. Sess.), § 24; 1999, No. 102 (Adj. Sess.), § 1.)

§ 1095. Entertainment picture visible to the operator

A person shall not operate upon a highway in this state a moving motor vehicle carrying or having installed a screen or other device transmitting a moving entertainment picture that is visible to the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1987, No. 112, § 10; 2005, No. 167 (Adj. Sess.), § 17, eff. May 20, 2006; 2011, No. 25, § 1, eff. May 11, 2011.)

§ 1095a. Junior operator use of portable electronic devices

A person 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 on a highway. This prohibition shall not apply if it is necessary to place an emergency 911 call. (Added 2009, No. 150 (Adj. Sess.), § 8, eff. June 1, 2010.)

§ 1096. General penalties

(a) Any person who violates the speed restrictions of subsection 1083(b) of this title shall be fined not more than $50.00 and is liable for damages for injuries thereby done to the bridge or structure, which may be recovered in a civil action brought under this section in the name and for the benefit of the state or municipal corporation liable for the repairs of the bridge or structure, with costs.

(b) A parent or guardian who knowingly permits a child under the age of 16 years, in his or her custody, to violate any provision of sections 1136 through 1141, inclusive, of this title shall be fined not more than $25.00. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1097. Excessive speed

No person shall operate a motor vehicle on a public highway at a speed of 60 miles per hour or more and at least 30 miles per hour in excess of a state speed zone or local speed limit. A person who violates this section shall be imprisoned upon a first conviction not more than three months or fined not more than $300.00, or both; and upon a second conviction shall be imprisoned not more than six months or fined not more than $500.00, or both. (Added 1989, No. 109, § 5, eff. July 1, 1990.)

§ 1098. Disposition of pending cases

(a) The judicial bureau shall enter judgment against the defendant in all cases in which:

(1) prior to January 1, 2007, the defendant filed an answer admitting or not contesting the violation;

(2) the defendant paid all or a portion of the fine, penalty, or surcharge; and

(3) The issuing officer did not file the original complaint prior to July 1, 2007.

(b) Notwithstanding any law to the contrary, with respect to any judgment entered pursuant to this section, the judicial bureau shall immediately seal the record and shall not report the judgment to the commissioner of motor vehicles. Any funds received by the judicial bureau for judgments under this section shall be deposited in the court technology special fund up to $150,000.00, and the balance to be deposited to the municipal ticket repayment revolving fund defined in 4 V.S.A. § 28.

(c) The judicial bureau shall dismiss the action in all cases in which:

(1) the defendant filed an answer denying or contesting the violation prior to January 1, 2007; and

(2) the issuing officer did not file the original complaint prior to July 1, 2007. (Added 2007, No. 51, § 17.)

§ 1099. Texting prohibited

(a) As used in this section, "texting" means the reading or the manual composing or sending of electronic communications, including text messages, instant messages, or e-mails, using a portable electronic device as defined in subdivision 4(82) of this title, but shall not be construed to include use of a global positioning or navigation system.

(b) A person shall not engage in texting while operating a moving motor vehicle on a highway.

(c) A person who violates this section commits a traffic violation as defined in section 2302 of this title and shall be subject to a penalty of $100.00 upon adjudication of a first violation and $250.00 upon adjudication of a second or subsequent violation within any two-year period. (Added 2009, No. 150 (Adj. Sess.), § 2, eff. June 1, 2010.)

§ 1101. Stopping, standing or parking

(a) No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway or within that portion of a highway right of way which the traffic committee finds to be a dangerous location on the basis of an engineering and traffic investigation and designates as a no-parking zone by suitable signs at each end, and by such additional signs as the committee may determine.

(b) Where parking is permitted, at all times an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view permitted of any stopped vehicles from a distance of 200 feet in each direction upon the highway.

(c) This section does not apply to any vehicle which is disabled while on the paved or main-traveled portion of a highway in a manner and to the extent that it is impossible or impractical to avoid stopping and temporarily leaving the disabled vehicle in that position, nor to stopping at a railroad grade crossing. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1102. Removal of stopped vehicles

(a) Any enforcement officer is authorized to:

(1) Move a vehicle stopped, parked or standing contrary to section 1101 of this title, or to require the driver or other person in charge to move the vehicle to a position off the paved or main-traveled part of the highway;

(2) Remove an unattended vehicle which is an obstruction to traffic or to maintenance of the highway to a garage or other place of safety;

(3) Remove any vehicle found upon a highway, as defined in 19 V.S.A. § 1, to a garage or other place of safety when:

(A) The officer is informed by a reliable source that the vehicle has been stolen or taken without the consent of its owner; or

(B) The person in charge of the vehicle is unable to provide for its removal; or

(C) The person in charge of the vehicle has been arrested under circumstances which require his or her immediate removal from control of the vehicle.

(b) Any enforcement officer causing the removal of a motor vehicle under this section shall notify the agency of transportation as to the location and date of discovery of the vehicle, date of removal of the vehicle, name of the wrecker service removing vehicle and place of storage. The officer shall record and remove from the vehicle, if possible, any information which might aid the transportation board in ascertaining the ownership of the vehicle. All information shall be forwarded to the transportation board in accordance with the provisions of chapter 61 of Title 24. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 164 (Adj. Sess.), § 1; 1997, No. 144 (Adj. Sess.), § 14, eff. April 27, 1998.)

§ 1103. Repealed. 1973, No. 164 (Adj. Sess.), § 9.

§ 1104. Stopping prohibited

(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of an enforcement officer or official traffic-control device, no person may:

(1) Stop, stand, or park a vehicle

(A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(B) On a sidewalk;

(C) Within an intersection;

(D) On a crosswalk;

(E) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(F) Upon any bridge or other elevated structure or within a highway tunnel;

(G) On any railroad tracks; or

(H) At any place where official signs prohibit stopping.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger

(A) In front of a public or private driveway;

(B) Within six feet of a fire hydrant;

(C) Within 20 feet of a crosswalk at an intersection;

(D) Within 30 feet upon the approach to any flashing signal, stop sign or traffic-control light located at the side of a roadway;

(E) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite and within 75 feet of the entrance to any fire station, when properly signposted;

(F) At any place where official signs prohibit standing.

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or a passenger

(A) Within 50 feet of the nearest rail of a railroad crossing;

(B) At any place where official signs prohibit parking.

(b) No person may move a vehicle not lawfully under his control into any prohibited area or an unlawful distance away from a curb. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1105. Additional parking regulations

(a) Except as otherwise provided by local ordinance, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or if there is no curb, within 12 inches of the edge of the roadway.

(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to and within 12 inches of a curb or, if there is no curb, within 12 inches of the edge of the roadway, in the direction of authorized traffic movement. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1106. Limitations on use of state highway facilities

(a) For purposes of this section, "state highway facility" means a state highway rest area, picnic ground, parking area, or park-and-ride facility.

(b) No person shall enter or remain on any state highway facility for the purpose of overnight camping unless the particular facility has been designated for that purpose by the traffic committee.

(c) On the basis of an engineering and traffic investigation or findings as to adverse effects on the quiet enjoyment and property values of people living adjacent to a state highway facility, the traffic committee may designate the size and types of vehicles allowed to park in a state highway facility or in particular areas of a state highway facility.

(d) Notice of the prohibitions under this section shall be posted at the affected facilities by regulatory signs conforming to the manual on uniform traffic control devices. (Added 2007, No. 164 (Adj. Sess.), § 32.)

§ 1111. Unattended motor vehicle

No person shall permit a motor vehicle to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition and effectively setting the brake, air temperatures permitting, and, when the vehicle is standing upon a grade, turning the front of the front wheels toward the curb or side of the highway. This section does not apply to authorized emergency vehicles. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1112. Closed highways

Except by the written permit of the authority responsible for the closing, no person shall drive any vehicle over any highway across which there is a barrier or a sign indicating that the highway is closed to public travel. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1113. Limitations on backing

(a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1114. Riding on motorcycles and motor-driven cycles

(a) A person operating a motorcycle or motor-driven cycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle or motor-driven cycle unless such motorcycle or motor-driven cycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle or motor-driven cycle at the rear or side of the operator.

(b) A person shall ride upon a motorcycle or motor-driven cycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or motor-driven cycle.

(c) No person shall operate a motorcycle or motor-driven cycle while carrying any package, bundle, or other article which prevents him or her from keeping both hands on the handlebars.

(d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or motor-driven cycle or the view of the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 2; 2009, No. 152 (Adj. Sess.), § 19f, eff. Sept. 1, 2010.)

§ 1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic

(a) All motorcycles or motor-driven cycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle or motor-driven cycle of the full use of a lane.

(b) The operator of a motorcycle or motor-driven cycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(c) No person shall operate a motorcycle or motor-driven cycle between lanes of traffic or between adjacent lines or rows of vehicles.

(d) No motorcycle or motor-driven cycle may be operated in the same lane with, and along side of or closer than ten feet ahead of, or ten feet behind another motorcycle, motor-driven cycle, or other motor vehicle.

(e) Subsections (b) and (c) of this section shall not apply to police officers in the performance of their official duties. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 3; 2009, No. 152 (Adj. Sess.), § 19g, eff. Sept. 1, 2010.)

§ 1116. Clinging to other vehicles

No person riding a motorcycle or motor-driven cycle shall attach himself or herself or the motorcycle or motor-driven cycle to any other vehicle on a roadway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 4; 2009, No. 152 (Adj. Sess.), § 19h, eff. Sept. 1, 2010.)

§ 1117. Footrests and handlebars

(a) Any motorcycle or motor-driven cycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

(b) No person shall operate any motorcycle or motor-driven cycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 5; 2009, No. 152 (Adj. Sess.), § 19i, eff. Sept. 1, 2010.)

§ 1118. Obstruction to driver's view

(a) A person shall not operate or attempt to operate a motor vehicle when more than three persons over two years of age, including the operator, are occupying the front seat or seats or are in the front or driving compartment of the motor vehicle. However, this provision does not apply to any motor vehicle the front seat of which was designed by the manufacturer for occupancy by more than three persons, or to any vehicle which has a front seating area which is at least 76 inches in width, as received from the manufacturer. In no case shall a vehicle be operated with more than four persons over two years of age occupying the front seat or seats or who are in the front or driving compartment of the motor vehicle.

(b) In any event, a person may not operate a motor vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

(c) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 234 (Adj. Sess.), § 1.)

§ 1119. Opening and closing vehicle doors

No person shall open the door of a motor vehicle on the side nearest to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of traffic, nor may any person leave a door open on the side of a vehicle nearest to moving traffic for a period of time longer than necessary to load or unload passengers. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1120. Repealed. 1983, No. 102 (Adj. Sess.), § 5.

§ 1121. Coasting prohibited

(a) [Repealed.]

(b) No driver of a motor truck or motor bus, when traveling upon a downgrade, shall coast with the clutch disengaged. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1997, No. 55, § 11(1), eff. June 26, 1997.)

§ 1122. Following fire apparatus prohibited

No operator of a motor vehicle, other than one on official business relating to the suppression of fire or the handling of an emergency, shall follow any fire apparatus traveling to an emergency closer than 500 feet, or in a manner to interfere with the suppression of a fire or the handling of the emergency, or so as to endanger the life of any occupant of the fire apparatus, or thereafter park his or her vehicle so as to interfere with the suppression of a fire or the handling of the emergency. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1123. Driving over fire hose prohibited

No person shall operate a motor vehicle over any unprotected hose of a fire fighting unit laid down on any highway, alley, private road, or driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1124. Position of operator

No person may steer or operate, attempt to steer or operate, or participate in the steering or operation of a motor vehicle, except in an emergency, unless he or she is seated directly and immediately behind the steering wheel, or other steering apparatus. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1125. Obstructing windshields

(a) No person shall paste, stick, or paint advertising matter or other things on or over any transparent part of a motor vehicle windshield, vent windows, or side windows located immediately to the left and right of the operator, nor hang any object, other than a rear view mirror, in back of the windshield except as follows:

(1) in a space not over four inches high and 12 inches long in the lower right-hand corner of the windshield;

(2) in such space as the commissioner of motor vehicles may specify for location of any sticker required by governmental regulation;

(3) in a space not over two inches high and two and one-half inches long in the upper left-hand corner of the windshield;

(4) by persons employed by the federal, state, or local government and volunteer emergency responders operating authorized emergency vehicles who may place any necessary equipment in back of the windshield of the vehicle, provided the equipment does not interfere with the operator's control of the driving mechanism of the vehicle;

(5) on a motor vehicle that is for sale by a licensed automobile dealer prior to the sale of the vehicle, in a space not over three inches high and six inches long in the upper left-hand corner of the windshield, and in a space not over four inches high and 18 inches long in the upper right-hand corner of the windshield;

(6) the commissioner may grant an exemption upon application from a person required for medical reasons to be shielded from the rays of the sun and who attaches to the application a document signed by a licensed physician or optometrist certifying that shielding from the rays of the sun is a medical necessity. The physician or optometrist certification shall be renewed every four years. However, when a licensed physician or optometrist has previously certified to the commissioner that an applicant's condition is both permanent and stable, the exemption may be renewed by the applicant without submission of a form signed by a licensed physician or optometrist. Additionally, the window shading or tinting permitted under this subdivision shall be limited to the vent windows or side windows located immediately to the left and right of the operator. The exemption provided in this subdivision shall terminate upon the sale of the approved vehicle and at that time the applicable window

 tinting shall be removed by the seller. Furthermore, if the material described in this subdivision tears or bubbles or is otherwise worn to prohibit clear vision, it shall be removed or replaced.

(b) The rear side windows and the back window may be obstructed only if the motor vehicle is equipped on each side with a securely attached mirror, which provides the operator with a clear view of the roadway in the rear and on both sides of the motor vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 176 (Adj. Sess.); No. 75 (Adj. Sess.), § 7; No. 112 (Adj. Sess.), § 1; 2005, No. 89 (Adj. Sess.), § 1.)

§ 1126. Putting glass, etc., on highway prohibited

(a) No person shall drop or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle upon the highway.

(b) A person shall immediately remove or cause to be removed any destructive or injurious material which he drops or deposits, or permits to be dropped or deposited upon any highway.

(c) If the throwing or depositing was done from a motor vehicle, except a motor bus or a bus transporting schoolchildren, it is prima facie evidence that the throwing or depositing was done by the operator of the motor vehicle.

(d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1126a. Depositing snow onto or across certain highways prohibited

(a) No person, other than an employee in the performance of his or her official duties or other person authorized by the agency of transportation (in the case of state highways) or selectboard (in the case of town highways), shall plow or otherwise deposit snow onto the traveled way, shoulder or sidewalk of a state highway or a class 1, 2, or 3 town highway.

(b) Nothing in this section should be construed to be in derogation of any municipal ordinance regulating the deposit of snow within the limits of town highways. (Added 1997, No. 150 (Adj. Sess.), § 17.)

§ 1127. Control in presence of animals

(a) Whenever upon a public highway and approaching a vehicle drawn by a draft animal, an animal upon which a person is riding, or animals being herded, the operator of a motor vehicle shall operate the vehicle in such a manner as to exercise every reasonable precaution to prevent the frightening of any animal and to ensure the safety and protection of the animal and the person riding, driving, or herding.

(b) The operator of a motor vehicle shall yield to any animals being herded on or across a highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 55; 2009, No. 114 (Adj. Sess.), § 5.)

§ 1128. Accidents-Duty to stop

(a) The operator of a motor vehicle who has caused or is involved in an accident resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control shall immediately stop and render any assistance reasonably necessary. The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer. A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both.

(b) If serious bodily injury results from the accident, a person violating subsection (a) of this section shall be fined not more than $3,000.00 or imprisoned for not more than five years, or both.

(c) If death results from the accident, a person violating subsection (a) of this section shall be fined not more than $3,000.00, or imprisoned for not less than one year nor more than 15 years, or both.

(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. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 205 (Adj. Sess.), § 1; 1995, No. 151 (Adj. Sess.), § 1; 1997, No. 117 (Adj. Sess.), § 25.)

§ 1129. Accidents-Reports

(a) The operator of a motor vehicle involved in an accident whereby a person is injured or whereby there is total damage to all property to the extent of $3,000.00 or more shall make a written report concerning the accident to the commissioner of motor vehicles on forms furnished by the commissioner. The written report shall be mailed to the commissioner within 72 hours after the accident. The commissioner may require further facts concerning the accident to be provided upon forms furnished by him or her.

(b) As used in this section the word "accident" refers only to incidents and events in which the motor vehicle involved comes into physical contact with a person, object, or another motor vehicle. It shall not include such contact where a vehicle involved is being used by a law enforcement officer as a barrier to prevent passage of a vehicle being operated by a suspected violator of the law. In such cases, the law enforcement officer shall not be required to make a personal written report of the incident.

(c) The owner and the operator of a motor vehicle covered by one or more policies of liability insurance shall notify any person injured by the motor vehicle, or the owner of any property damaged thereby, of the name and address of all liability insurance companies which may cover the incident, and the numbers of the policies. The notification shall be made to the injured person, or the owner of the damaged property, or both, not more than five days after the injury or damage. The information shall be given to the injured person and the owner of the damaged property at the last known address of each. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 81, § 5, eff. April 27, 1977; 1979, No. 46, § 4, eff. April 26, 1979; 1979, No. 190 (Adj. Sess.), § 4; 1987, No. 241 (Adj. Sess.), § 4; 2009, No. 152 (Adj. Sess.), § 14.)

§ 1130. Permitting unlicensed or impaired person to operate

(a) No person shall employ another person as an operator of a motor vehicle knowing that the other person is not licensed as provided in this title.

(b) No person shall permit a motor vehicle owned by him or her or under his or her control to be operated by another person if the person who owns or controls the vehicle knows that the other person has no legal right to operate the vehicle.

(c)(1) No person who owns or is in control of a vehicle shall intentionally create a direct and immediate opportunity for another person to operate the motor vehicle if the person who owns or controls the vehicle has actual knowledge that the operator is:

(A) under the influence of intoxicating liquor; or

(B) 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.

(2) This subsection shall not apply if the defendant was placed under duress or subjected to coercion by the other person at the time the defendant enabled the other person to operate the motor vehicle.

(d)(1) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both.

(2) If death or if serious bodily injury as defined in 13 V.S.A. § 1021(2) results to any person other than the operator from a violation of subsection (c) of this section, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than two years, or both. The provisions of this subdivision do not limit or restrict prosecutions for manslaughter. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2011, No. 56, § 2.)

§ 1131. Warning signal

The operator of a motor vehicle, whenever reasonably necessary to ensure safe operation, shall give an audible warning with the horn of his or her vehicle but shall not otherwise use the horn when upon a highway. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 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.)

§ 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.)

§ 1134. Motor vehicle operator; consumption or possession of alcohol

(a) A person shall not consume alcoholic beverages while operating a motor vehicle on a public highway. As used in this section, "alcoholic beverages" shall have the same meaning as "intoxicating liquor" as defined in section 1200 of this title.

(b) A person operating a motor vehicle on a public highway shall not possess any open container which contains alcoholic beverages in the passenger area of the motor vehicle.

(c) For the purposes of this section, "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 fined not more than $500.00. A person who violates subsection (b) of this section shall be fined not more than $25.00. A person convicted and fined for an offense under subsection (a) of this section shall not be subject to prosecution 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.)

§ 1134a. Motor vehicle passenger; consumption or possession of alcohol

(a) Except as provided in subsection (c) of this section, a passenger in a motor vehicle shall not consume alcoholic beverages or possess any open container which contains alcoholic beverages in the passenger area of any motor vehicle on a public highway. As used in this section, "alcoholic beverages" shall have the same meaning as "intoxicating liquor" as defined in section 1200 of this title.

(b) For the purposes of this section, "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.

(c) A person, other than the operator, may possess an open container which contains alcoholic beverages 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.

(d) A person who violates this section shall be fined not more than $25.00. (Added 2001, No. 141 (Adj. Sess.), § 24, eff. June 21, 2002.)

§ 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 which is so marked, or travels over other private lands; or

(3) operates a motor vehicle on any land which 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 fined not more than $100.00 for each offense or if the violation results in damage to property the person shall be fined 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.)

§ 1136. Application of subchapter

(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 those exceptions stated herein.

(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 which by their very nature can have no application. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 1137. Riding on bicycles

(a) No person propelling a bicycle may ride other than upon or astride a permanent and regular seat attached thereto.

(b) No person may use a bicycle to carry more persons 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.)

§ 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.)

§ 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 and generally shall ride as near to the right side of the roadway as practicable, but shall ride to the left or in a left lane when:

(1) preparing for a left turn at an intersection or into a private roadway or driveway;

(2) approaching an intersection with a right-turn lane if not turning right at the intersection;

(3) overtaking another highway user; or

(4) taking reasonably necessary precautions to avoid hazards or road 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.)

§ 1140. Carrying articles

No person operating a bicycle may carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 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 which 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 which 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.)

§ 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 which, 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 subchapter 5 of chapter 13 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. Fines imposed for violations of this subsection shall be in accordance with fines imposed for violations of section 2001 of Title 5.

(d) 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.)

§ 1142. Penalties

A person who violates any provision of sections 1136 through 1141 and subsection 1141a(a) of this title shall be fined not more than $25.00 for each offense. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2001, No. 91 (Adj. Sess.), § 9.)

§ 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.)

§§ 1181, 1182. Repealed. 1971, No. 258 (Adj. Sess.), § 20, eff. March 1, 1973.

§§ 1183-1195. Repealed. 1969, No. 267 (Adj. Sess.), § 11.

§ 1200. Definitions

As used in this subchapter:

(1) "Alcohol concentration" means

(A) the number of grams of alcohol per 100 milliliters of blood; or

(B) the number of grams of alcohol per 210 liters of breath.

(2) "Drug" means:

(A) a regulated drug as defined in 18 V.S.A. § 4201;  or

(B) any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person's ability to drive a vehicle safely.

(3) "Evidentiary test" means a breath or blood test which indicates the person's alcohol concentration or the presence of other drug and which is intended to be introduced as evidence.

(4) "Intoxicating liquor" includes alcohol, malt beverages, spirituous liquors and vinous beverages, as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.

(5) "Law enforcement officer" means a law enforcement officer who has been certified by the criminal justice training council pursuant to 20 V.S.A. § 2358.

(6) "Vehicle" means a motor vehicle as defined in section 4 of this title, and when on a public highway:

(A) a snowmobile as defined in section 3201 of this title; and

(B) an all-terrain vehicle as defined in section 3501 of this title.

(7) "Highway" shall be defined as in subdivision 4(13) of this title, except that for purposes of this subchapter, "highway" does not include the driveway which serves only a single-family or two-family residence of the operator. This exception shall not apply if a person causes the death of a person, causes bodily injury to a person, or causes damage to the personal property of another person, while operating a motor vehicle on a driveway in violation of section 1201 of this subchapter.

(8) "Ignition interlock device" means a device that is capable of measuring a person's alcohol concentration and that prevents a motor vehicle from being started by a person whose alcohol concentration is 0.02 or greater.

(9) "Ignition interlock restricted driver's license" or "ignition interlock RDL" or "RDL" means a restricted license or privilege to operate a motor vehicle issued by the commissioner allowing a person whose license or privilege to operate has been suspended or revoked for operating under the influence of intoxicating liquor or in excess of legal limits of alcohol concentration to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device.

(10) "Random retest" means a test of a vehicle operator's blood alcohol concentration, other than a test required to start the vehicle, that is required at random intervals during operation of a vehicle equipped with an ignition interlock device. (Added 1989, No. 68, § 1, eff. Dec. 1, 1989; amended, 1991, No. 55, § 1; 1997, No. 117 (Adj. Sess.), §§ 10, 11; No. 117 (Adj. Sess.), § 12, eff. April 29, 1998; 1999, No. 20, § 1; 2007, No. 170 (Adj. Sess.), § 1; 2009, No. 126 (Adj. Sess.), § 3, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 1.)

§ 1201. Operating vehicle under the influence of intoxicating liquor or other substance; criminal refusal; enhanced penalty for BAC of 0.16 or more

(a) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1) when the person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

(2) when the person is under the influence of intoxicating liquor; 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; or

(4) when the person's alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

(b) A person who has previously been convicted of a violation of this section shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and refuse a law enforcement officer's reasonable request under the circumstances for an evidentiary test where the officer had reasonable grounds to believe the person was in violation of subsection (a) of this section.

(c) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and be involved in an accident or collision resulting in serious bodily injury or death to another and refuse a law enforcement officer's reasonable request under the circumstances for an evidentiary test where the officer has reasonable grounds to believe the person has any amount of alcohol in the system.

(d)(1) A person who is convicted of a second or subsequent violation of subsection (a), (b), or (c) of this section when the person's alcohol concentration is proven to be 0.16 or more shall not, for three years from the date of the conviction for which the person's alcohol concentration is 0.16 or more, operate, attempt to operate, or be in actual physical control of any vehicle on a highway when the person's alcohol concentration is 0.02 or more. The prohibition imposed by this subsection shall be in addition to any other penalties imposed by law.

(2) A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway when the person's alcohol concentration is 0.02 or more if the person has previously been convicted of a second or subsequent violation of subsection (a), (b), or (c) of this section within the preceding three years and the person's alcohol concentration for the second or subsequent violation was proven to be 0.16 or greater. A violation of this subsection shall be considered a third or subsequent violation of this section and shall be subject to the penalties of subsection 1210(d) of this title.

(e) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(f) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident.

(g) For purposes of this section and section 1205 of this title, the defendant may assert as an affirmative defense that the person was not operating, attempting to operate, or in actual physical control of the vehicle because the person:

(1) had no intention of placing the vehicle in motion; and

(2) had not placed the vehicle in motion while under the influence. (Added 1969, No. 267 (Adj. Sess.), § 1; amended 1973, No. 16, § 1, eff. March 1, 1973; No. 79, § 1, eff. May 23, 1973; 1975, No. 10, § 2, eff. April 9, 1975; 1981, No. 103, §§ 2, 2a; 1983, No. 212 (Adj. Sess.), § 5; 1989, No. 68, § 2, eff. Dec. 1, 1989; 1991, No. 55, § 2; 1997, No. 56, § 1, eff. Aug. 1, 1997; 1999, No. 116 (Adj. Sess.), § 2; No. 160 (Adj. Sess.), § 15; 2001, No. 146 (Adj. Sess.), § 1; 2005, No. 37, § 1; 2007, No. 195 (Adj. Sess.), § 4; 2011, No. 56, § 3.)

§ 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.)

§ 1202. Consent to taking of tests to determine blood alcohol content

(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this state is deemed to have given consent to an evidentiary test of that person's breath for the purpose of determining the person's alcohol concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer.

(2) Blood test. If breath testing equipment is not reasonably available or if the officer has reason to believe that the person is unable to give a sufficient sample of breath for testing or if the law enforcement officer has reasonable grounds to believe that the person is under the influence of a drug other than alcohol, the person is deemed to have given consent to the taking of an evidentiary sample of blood. If in the officer's opinion the person is incapable of decision or unconscious or dead, it is deemed that the person's consent is given and a sample of blood shall be taken.

(3) Evidentiary test. The evidentiary test shall be required of a person when a law enforcement officer has reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title.

(4) Fatal collision or incident resulting in serious bodily injury. The evidentiary test shall also be required if the person is the surviving operator of a motor vehicle involved in a fatal incident or collision or an incident or collision resulting in serious bodily injury and the law enforcement officer has reasonable grounds to believe that the person has any amount of alcohol or other drug in his or her system.

(b) If the person refuses to submit to an evidentiary test it shall not be given, except as provided in subsection (f) of this section, but the refusal may be introduced as evidence in a criminal proceeding.

(c) A person who is requested by a law enforcement officer to submit to an evidentiary test or tests has a right as herein limited to consult an attorney before deciding whether or not to submit to such a test or tests. The person must decide whether or not to submit to the evidentiary test or tests within a reasonable time and no later than 30 minutes from the time of the initial attempt to contact the attorney. The person must make a decision about whether or not to submit to the test or tests at the expiration of the 30 minutes regardless of whether a consultation took place.

(d) At the time a test is requested, the person shall be informed of the following statutory information:

(1) Vermont law authorizes a law enforcement officer to request a test to determine whether the person is under the influence of alcohol or other drug.

(2) If the officer's request is reasonable and testing is refused, the person's license or privilege to operate will be suspended for at least six months.

(3) If a test is taken and the results indicate that the person is under the influence of alcohol or other drug, the person will be subject to criminal charges and the person's license or privilege to operate will be suspended for at least 90 days.

(4) A person who is requested by a law enforcement officer to submit to an evidentiary test or tests has the limited right to consult an attorney before deciding whether or not to submit to such a test or tests. The person must decide whether or not to submit to the evidentiary test or tests within a reasonable time and no later than 30 minutes from the time of the initial attempt to contact the attorney regardless of whether a consultation took place. The person also has the right to have additional tests made by someone of the person's own choosing at the person's own expense. The person shall also be informed of the location of one or more facilities available for drawing blood.

(5) A person who is requested by a law enforcement officer to submit to an evidentiary test administered with an infrared breath-testing instrument may elect to have a second infrared test administered immediately after receiving the results of the first test.

(6) If the person refuses to take an evidentiary test, the refusal may be offered into evidence against the person at trial, whether or not a search warrant is sought. The person may be charged with the crime of criminal refusal if the person:

(A) has previously been convicted of a violation of section 1201 of this title; or

(B) is involved in an accident or collision resulting in serious bodily injury or death to another, in which case the court may issue a search warrant and order the person to submit to a blood test, the results of which may be offered into evidence against the person at trial.

(e) In any proceeding under this subchapter, a law enforcement officer's testimony that he or she is certified pursuant to section 2358 of Title 20 shall be prima facie evidence of that fact.

(f) If a person who has been involved in an accident or collision resulting in serious bodily injury or death to another refuses an evidentiary test, a law enforcement officer may apply for a search warrant pursuant to Rule 41 of the Vermont Rules of Criminal Procedure to obtain a sample of blood for an evidentiary test. If a blood sample is obtained by search warrant, the fact of the refusal may still be introduced in evidence, in addition to the results of the evidentiary test. Once a law enforcement official begins the application process for a search warrant, the law enforcement official is not obligated to discontinue the process even if the person later agrees to provide an evidentiary breath sample. The limitation created by Rule 41(g) of the Vermont Rules of Criminal Procedure regarding blood specimens shall not apply to search warrants authorized by this section.

(g) The defender general shall provide statewide 24-hour coverage seven days a week to assure that adequate legal services are available to persons entitled to consult an attorney under this section. (Added 1969, No. 267 (Adj. Sess.), § 2; amended 1973, No. 79, § 2, eff. May 23, 1973; 1977, No. 96, eff. May 5, 1977; 1981, No. 103, § 3; 1985, No. 228 (Adj. Sess.), § 3; 1989, No. 68, § 3, eff. Dec. 1, 1989; 1991, No. 55, § 3; No. 57, § 2, eff. July 4, 1991; 1997, No. 56, §§ 2, 3, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 14; 1999, No. 160 (Adj. Sess.), § 16; 2001, No. 146 (Adj. Sess.), § 2.)

§ 1203. Administration of tests; retention of test and videotape

(a) A breath test shall be administered only by a person who has been certified by the Vermont criminal justice training council to operate the breath testing equipment being employed. In any proceeding under this subchapter, a person's testimony that he or she is certified to operate the breath testing equipment employed shall be prima facie evidence of that fact.

(b) Only a physician, licensed nurse, medical technician, physician's assistant, medical technologist, or laboratory assistant acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the presence of alcohol or other drug. This limitation does not apply to the taking of a breath sample.

(c) When a breath test which is intended to be introduced in evidence is taken with a crimper device or when blood is withdrawn at an officer's request, a sufficient amount of breath or blood, as the case may be, shall be taken to enable the person to have made an independent analysis of the sample, and shall be held for at least 45 days from the date the sample was taken. At any time during that period the person may direct that the sample be sent to an independent laboratory of the person's choosing for an independent analysis. The department of public safety shall adopt rules providing for the security of the sample. At no time shall the defendant or any agent of the defendant have access to the sample. A preserved sample of breath shall not be required when an infrared breath-testing instrument is used. A person tested with an infrared breath-testing instrument shall have the option of having a second infrared test administered immediately after receiving the results of the firs

t test.

(d) In the case of a breath test administered using an infrared breath testing instrument, the test shall be analyzed in compliance with rules adopted by the department of public safety. The analyses shall be retained by the state. A sample is adequate if the infrared breath testing instrument analyzes the sample and does not indicate the sample is deficient. Analysis of the person's breath or blood which is available to that person for independent analysis shall be considered valid when performed according to methods approved by the department of public safety. The analysis performed by the state shall be considered valid when performed according to a method or methods selected by the department of public safety. The department of public safety shall use rule making procedures to select its method or methods. Failure of a person to provide an adequate breath sample constitutes a refusal.

(e) [Repealed.]

(f) When a law enforcement officer has reason to believe that a person may be violating or has violated section 1201 of this title, the officer may request the person to provide a sample of breath for a preliminary screening test using a device approved by the commissioner of public safety for this purpose. The person shall not have the right to consult an attorney prior to submitting to this preliminary breath alcohol screening test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to request an evidentiary test and shall not be used in any court proceeding except on those issues. Following the screening test additional tests may be required of the operator pursuant to the provisions of section 1202 of this title.

(g) The office of the chief medical examiner shall report in writing to the department of motor vehicles the death of any person as the result of an accident involving a vehicle and the circumstances of such accident within five days of such death.

(h) A Vermont law enforcement officer shall have a right to request a breath or blood sample in an adjoining state or country under this section unless prohibited by the law of the other state or country. If the law in an adjoining state or country does not prohibit an officer acting under this section from taking a breath or blood sample in its jurisdiction, evidence of such sample shall not be excluded in the courts of this state solely on the basis that the test was taken outside the state.

(i) The commissioner of public safety shall adopt emergency rules relating to the operation, maintenance and use of preliminary alcohol screening devices for use by law enforcement officers in enforcing the provisions of this title. The commissioner shall consider relevant standards of the National Highway Traffic Safety Administration in adopting such rules. Any preliminary alcohol screening device authorized for use under this title shall be on the qualified products list of the National Highway Traffic Safety Administration.

(j) A videotape made of the alleged offense and subsequent processing may be erased or destroyed by the law enforcement agency no earlier than 90 days after final judgment, or, if no civil or criminal action is filed, no earlier than 90 days after the date the videotape was made.

(k) A copy of a videotape made of the alleged offense shall be provided to the defendant within ten days after the defendant requests the copy and pays a $45.00 fee for its reproduction. No fee shall be charged to a defendant whom the court has determined to be indigent. (Added 1969, No. 267 (Adj. Sess.), § 3; amended 1971, No. 14, § 8, eff. March 11, 1971; 1971, No. 260 (Adj. Sess.), § 48; 1973, No. 79, § 3, eff. May 23, 1973; 1975, No. 103, § 1, eff. May 30, 1975; 1981, No. 103, § 4; 1989, No. 68, § 4, eff. Dec. 1, 1989; 1991, No. 55, § 4; No. 57, §§ 1, 4, eff. July 4, 1991; 1997, No. 57, § 2; 1999, No. 160 (Adj. Sess.), § 17, eff. May 29, 2000; 2007, No. 153 (Adj. Sess.), § 2; 2011, No. 56, § 14, eff. March 1, 2012.)

§ 1203a. Independent chemical test; blood tests

(a) A person tested has the right at the person's own expense to have someone of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of the law enforcement officer under section 1203 of this title. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission in evidence of the test taken at the direction of an enforcement officer unless the additional test was prevented or denied by the enforcement officer.

(b) Arrangements for a blood test shall be made by the person submitting to the evidentiary breath test, by the person's attorney or by some other person acting on the person's behalf unless the person is detained in custody after administration of the evidentiary test and upon completion of processing, in which case the law enforcement officer having custody of the person shall make arrangements for administration of the blood test upon demand but at the person's own expense.

(c) If after reasonable efforts the person is unable to arrange transportation necessary to obtain the blood test upon completion of processing, the law enforcement officer shall provide or arrange transportation to a facility available to administer the test unless, for good cause, the officer is unable to do so. This subsection shall only apply if the person was tested with an infrared testing device.

(d) The physician, licensed nurse, medical technician, physician's assistant, medical technologist, or laboratory assistant drawing a sample of blood shall use a sample collection kit provided by the department of public safety or another type of collection kit. The sample shall be identified as to donor, date, and time, sealed and mailed to the department of public safety where it shall be held for a period of at least 45 days from the date the sample was taken. At any time during that period the person may direct that the sample be sent to an independent laboratory of the person's choosing for an independent analysis. The department of public safety may recover its costs of supplies, handling, and storage.

(e) The person requesting the sample is responsible for the costs of transportation, drawing the sample and subsequent analysis. If the facility where the sample is drawn is unable to obtain payment from the person at the time the sample is drawn or within a reasonable time thereafter, the facility shall be entitled to reimbursement from the office of the defender general. The office of the defender general may recoup those costs and the court may impose conditions of release or probation for that purpose.

(f) The facility, physician, licensed nurse, medical technician, physician's assistant, medical technologist, or laboratory assistant drawing blood shall in no manner be liable in any civil or criminal action except for negligence in drawing the blood. (Added 1991, No. 57, § 3, eff. July 4, 1991; amended 2011, No. 56, § 15, eff. March 1, 2012.)

§ 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 accident 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 accident 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 which 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 fined 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 which 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(7).

(2) "Health care provider" shall be defined as provided in 18 V.S.A. § 9432(8).

(3) "Health services" shall be defined as provided in 18 V.S.A. § 9432(9).

(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 accident 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 accidents 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 accident; and

(3) conduct an educational and training program within one month of the effective date of this section for all such health care providers currently working at the facility and, for all such health care providers hired thereafter, within one month of their employment. (Added 1997, No. 117 (Adj. Sess.), § 15.)

§ 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 intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor.

(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 intoxicating liquor 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 intoxicating liquor 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 intoxicating liquor, nor shall they be construed as requiring that evidence of the amount of alcohol 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.)

§ 1205. Civil suspension; summary procedure

(a) Refusal; alcohol concentration above legal limits; suspension periods.

(1) Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person refused to submit to a test, the commissioner shall 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 six months and until the person complies with section 1209a of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 30 days of this six-month period unless the alleged offense involved a collision resulting in serious bodily injury or death to another.

(2) Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person submitted to a test and the test results indicated that the person's alcohol concentration was above a limit specified in subsection 1201(a) of this title, at the time of operating, attempting to operate, or being in actual physical control, the commissioner shall 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 person complies with section 1209a of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 30 days of this 90-day period unless the alleged offense involved a collision resulting in serious bodily injury

 or death to another.

(3) Upon affidavit of a law enforcement officer that the officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of subdivision 1201(d)(2) of this title and that the person submitted to a test and the test results indicated that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate, or being in actual physical control, the commissioner shall suspend the person's operating license, or nonresident operating privilege, or the privilege of an unlicensed operator to operate a vehicle for life. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after one year of this lifetime suspension unless the alleged offense involved a collision resulting in serious bodily injury or death to another.

(b) Form of officer's affidavit. A law enforcement officer's affidavit in support of a suspension under this section shall be in a standardized form for use throughout the state and shall be sufficient if it contains the following statements:

(1) The officer is a certified law enforcement officer.

(2) The officer who administered the test was certified to operate the testing equipment.

(3) The officer had reasonable grounds to believe the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title (noting the time and date of operating, attempting to operate or being in actual physical control).

(4) The officer informed the person of his or her rights under subsection 1202(d) of this title.

(5) The officer obtained an evidentiary test (noting the time and date the test was taken) and the test indicated that the person's alcohol concentration was above a legal limit specified in subsection 1201(a) or (d) of this title, or the person refused to submit to an evidentiary test.

(6) The officer complied with the Soldiers and Sailors Civil Relief Act (50 U.S.C. § 501 et seq.).

(7) The officer confirmed the person's correct mailing address.

(c) Notice of suspension. On behalf of the commissioner of motor vehicles, a law enforcement officer requesting or directing the administration of an evidentiary test shall serve notice of intention to suspend and of suspension on a person who refuses to submit to an evidentiary test or on a person who submits to a test the results of which indicate that the person's alcohol concentration was above a legal limit specified in subsection 1201(a) or (d) of this title, at the time of operating, attempting to operate, or being in actual physical control of a vehicle in violation of section 1201 of this title. The notice shall be signed by the law enforcement officer requesting the test. A copy of the notice shall be sent to the commissioner of motor vehicles and a copy shall be mailed or given to the defendant within three business days of the date the officer receives the results of the test. If mailed, the notice is deemed received three days after mailing to the address provided by th

e defendant to the law enforcement officer. A copy of the affidavit of the law enforcement officer shall also be mailed first class mail or given to the defendant within seven days of the date of notice.

(d) Form of notice. The notice of intention to suspend and of suspension shall be in a form prescribed by the supreme court. The notice shall include an explanation of rights, a form to be used to request a hearing, and, if a hearing is requested, the date, time, and location of the criminal division of the superior court where the person must appear for a preliminary hearing. The notice shall also contain, in boldface print, the following:

(1) You have the right to ask for a hearing to contest the suspension of your operator's license.

(2) This notice shall serve as a temporary operator's license and is valid until 12:01 a.m. of the date of suspension. If this is your first violation of section 1201 of this title and if you do not request a hearing, your license will be suspended as provided in this notice. If this is your second or subsequent violation of section 1201 of this title, your license will be suspended on the 11th day after you receive this notice. It is a crime to drive while your license is suspended unless you have been issued an ignition interlock restricted driver's license.

(3) If you wish to request a hearing before the criminal division of the superior court, you must mail or deliver your request for a hearing within seven (7) days after (date of notice).

(4) If your request for a hearing is not mailed or delivered within seven (7) days after (date of notice), you waive your right to a hearing and your license will be suspended as provided in this notice.

(5) In order to request a hearing, sign the attached form and mail or deliver the form to the commissioner of motor vehicles at the address shown.

(6) If you are charged with a second or subsequent violation of section 1201 of this title, no person shall sell, transfer or encumber the title to a vehicle that may be subject to immobilization or forfeiture unless approved by the court in which the charge is filed for good cause shown.

(e) Effective date of suspension.

(1) First offense. Unless a hearing is requested, a suspension under this section of the license of a person who the officer has reasonable grounds to believe violated section 1201 of this title a first time becomes effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section. If a hearing is requested, a suspension shall not become effective unless the court orders a suspension after hearing as provided in this section.

(2) Second or subsequent offense. A suspension of a person's license under this section shall become effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section if:

(A) the officer has reasonable grounds to believe the person has violated section 1201 of this title; and

(B) after July 1, 1991, the person has:

(i) had his or her operator's license suspended pursuant to this section; or

(ii) been convicted of a violation of section 1201 of this title.

(f) Review by superior court. Within seven days following receipt of a notice of intention to suspend and of suspension, a person may make a request for a hearing before the superior court by mailing or delivering the form provided with the notice. The request shall be mailed or delivered to the commissioner of motor vehicles, who shall then notify the criminal division of the superior court that a hearing has been requested and provide the state's attorney with a copy of the notice of intention to suspend and of suspension and the officer's affidavit.

(g) Preliminary hearing. The preliminary hearing shall be held within 21 days of the alleged offense. Unless impracticable or continued for good cause shown, the date of the preliminary hearing shall be the same as the date of the first appearance in any criminal case resulting from the same incident for which the person received a citation to appear in court. The preliminary hearing shall be held in accordance with procedures prescribed by the supreme court.

(h) Final hearing.

(1) If the defendant requests a hearing on the merits, the court shall schedule a final hearing on the merits to be held within 21 days of the date of the preliminary hearing. In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown. The final hearing may only be continued by the consent of the defendant or for good cause shown. The issues at the final hearing shall be limited to the following:

(A) whether the law enforcement officer had reasonable grounds to believe the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title;

(B) whether at the time of the request for the evidentiary test the officer informed the person of the person's rights and the consequences of taking and refusing the test substantially as set out in subsection 1202(d) of this title;

(C) whether the person refused to permit the test;

(D) whether the test was taken and the test results indicated that the person's alcohol concentration was above a legal limit specified in subsection 1201(a) or (d) of this title, at the time of operating, attempting to operate, or being in actual physical control of a vehicle in violation of section 1201 of this title, whether the testing methods used were valid and reliable, and whether the test results were accurate and accurately evaluated. Evidence that the test was taken and evaluated in compliance with rules adopted by the department of public safety shall be prima facie evidence that the testing methods used were valid and reliable and that the test results are accurate and were accurately evaluated;

(E) whether the requirements of section 1202 of this title were complied with.

(2) No less than seven days before the final hearing, and subject to the requirements of Vermont Rule of Civil Procedure 11, the defendant shall provide to the state and file with the court a list of the issues (limited to the issues set forth in this subsection) that the defendant intends to raise. Only evidence that is relevant to an issue listed by the defendant may be raised by the defendant at the final hearing. The defendant shall not be permitted to raise any other evidence at the final hearing, and all other evidence shall be inadmissible.

(i) Finding by the court. The court shall electronically forward a report of the hearing to the commissioner. Upon a finding by the court that the law enforcement officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person refused to submit to a test, or upon a finding by the court that the law enforcement officer had reasonable grounds to believe that the person was operating, attempting to operate, or in actual physical control of a vehicle in violation of section 1201 of this title and that the person submitted to a test and the test results indicated that the person's alcohol concentration was above a legal limit specified in subsection 1201(a) or (d) of this title, at the time the person was operating, attempting to operate, or in actual physical control, the person's operating license, or nonresident operating privilege, or the privilege

 of an unlicensed operator to operate a vehicle shall be suspended or shall remain suspended for the required term and until the person complies with section 1209a of this title. Upon a finding in favor of the person, the commissioner shall cause the suspension to be canceled and removed from the record, without payment of any fee.

(j) Venue and conduct of hearings. Venue for proceedings under this section shall be in the territorial unit of the superior court where the offense is alleged to have occurred. Hearings under this section shall be summary proceedings conducted by the criminal division of the superior court without a jury and shall be subject to the Vermont Rules of Civil Procedure only as consistent with this section. The state has the burden of proof by a preponderance of the evidence. Affidavits of law enforcement officers, chemists of either party, or expert witnesses of either party shall be admissible evidence which may be rebutted by witnesses called by either party. The affidavits shall be delivered to the other party at least five days prior to the hearing.

(k) Appeal. A decision of the criminal division of the superior court under this section may be appealed as a matter of right to the supreme court. The suspension shall not be stayed pending appeal unless the defendant is reasonably likely to prevail on appeal.

(l) Access to information. In connection with a proceeding under this section the operator shall have access to all written statements and information in the possession and control of the state concerning the evidentiary test or tests, including without limitation the police report, processing forms, certification and affidavit, breath test results, police notes and the names and addresses of witnesses. If the operator intends to rely on the independent analysis, the state shall have access to the test results from the independent analysis and names and addresses of all witnesses. No depositions or written interrogatories shall be permitted except in extraordinary circumstances.

(m) Second and subsequent suspensions. For a second suspension under this subchapter, the period of suspension shall be 18 months and until the person complies with section 1209a of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 90 days of this 18-month period unless the alleged offense involved a collision resulting in serious bodily injury or death to another. For a third or subsequent suspension under this subchapter, the period of suspension shall be life. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after one year of this lifetime suspension unless the alleged offense involved a collision resulting in serious bodily injury or death to another.

(n) Presumption. In a proceeding under this section, if at any time within two hours of operating, attempting to operate, or being in actual physical control of a vehicle a person had an alcohol concentration of above a legal limit specified in subsection 1201(a) or (d) of this title, it shall be a rebuttable presumption that the person's alcohol concentration was above the applicable limit at the time of operating, attempting to operate, or being in actual physical control.

(o) Use immunity. No testimony or other information presented by the defendant in connection with a proceeding under this section or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the defendant in any criminal case, except a prosecution for perjury or giving a false statement.

(p) Suspensions to run concurrently. Suspensions imposed under this section or any comparable statute of any other jurisdiction and sections 1206, 1208, and 1216 of this title or any comparable statutes of any other jurisdiction, or any suspension resulting from a conviction for a violation of section 1091 of this title from the same incident, shall run concurrently and a person shall receive credit for any elapsed period of a suspension served in Vermont against a later suspension imposed in this state. In order for suspension credit to be available against a later suspension, the suspension issued under this section must appear and remain on the individual's motor vehicle record.

(q) Rules. The supreme court shall adopt rules ensuring the fairness of proceedings under this section.

(r) A person suspended under this section for a refusal shall be assessed a surcharge of $50.00 which shall be collected by the department of motor vehicles prior to reinstatement of the person's driving privileges. The department shall transfer the surcharge assessed under this subsection to the public defender special fund created in 13 V.S.A. § 5239 specifying the source of the moneys being deposited. All such moneys shall be used by the office of the defender general to cover the cost of providing statewide 24-hour legal services coverage as required by subsection 1202(g) of this title. After $40,000.00 has been deposited in the public defender special fund in a single fiscal year, all additional collected surcharges assessed under this subsection in that fiscal year shall be credited to the governor's highway safety commission for deposit in a DUI enforcement special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. All such DUI enforcement special fun

d receipts shall be used exclusively for statewide DUI enforcement and for no other purpose.

(s) [Repealed.]

(t) For a first offense, the time limits set forth in subsections (g) and (h) of this section are directive only, and shall not be interpreted by the court to be mandatory or jurisdictional.

(u) In any proceeding under this section, for cause shown, a party's chemist may be allowed to testify by telephone in lieu of a personal appearance. (Added 1969, No. 267 (Adj. Sess.), § 5; amended 1971, No. 14, § 9, eff. March 11, 1971; 1973, No. 79, § 5, eff. May 23, 1973; 1975, No. 103, § 2, eff. May 30, 1975; 1979, No. 58, § 1; 1981, No. 103, § 6; 1983, No. 134 (Adj. Sess.), § 4; 1989, No. 68, § 5, eff. Dec. 1, 1989; 1991, No. 55, § 6; 1995, No. 77 (Adj. Sess.), § 8, eff. March 21, 1996; No. 112 (Adj. Sess.), § 12, eff. April 22, 1996; 1997, No. 56, §§ 4, 7, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 16; 1999, No. 160 (Adj. Sess.), § 18, eff. May 29, 2000; 2001, No. 146 (Adj. Sess.), § 3; 2009, No. 126 (Adj. Sess.), § 4, eff. July 1, 2011; No. 154 (Adj. Sess.), § 160; 2011, No. 46, § 8, eff. July 2, 2011; No. 56, §§ 4, 16, eff. March 1, 2012; No. 90 (Adj. Sess.), § 7.)

§ 1206. Suspension of license for driving while under influence; first convictions

(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. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 30 days of this 90-day period unless the offense involved a collision resulting in serious bodily injury or death to another.

(b) Extended suspension-fatality. In cases resulting in a fatality, the period of suspension shall be one year and until the defendant complies with section 1209a of this title.

(c) Extended suspension-refusal; serious bodily injury. Upon conviction of a person for violating a provision of subsection 1201(c) of this title involving a collision in which serious bodily injury resulted, 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 six months, and until the defendant complies with section 1209a 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.)

§ 1207. Repealed. 1973, No. 79, § 9, eff. May 23, 1973.

§ 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, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 90 days of this 18-month period unless the offense involved a collision resulting in serious bodily injury or death to another.

(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, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after one year of this lifetime suspension unless the offense involved a collision resulting in serious bodily injury or death to another. (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.)

§ 1209. Repealed. 1973, No. 79, § 9, eff. May 23, 1973.

§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs

(a) Conditions of reinstatement. No license suspended or revoked under this subchapter, except a license suspended under section 1216 of this title, shall be reinstated except as follows:

(1) In the case of a first suspension, a license shall be reinstated only:

(A) after the person has successfully completed an alcohol and driving education program, at the person's own expense, followed by an assessment of the need for further treatment by a state designated counselor, at the person's own expense, to determine whether reinstatement should be further conditioned on satisfactory completion of a therapy program agreed to by the person and the drinking driver rehabilitation program director;

(B) if the screening indicates that therapy is needed, after the person has satisfactorily completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director;

(C) if the person elects to operate under an ignition interlock RDL, after:

(i) a period of nine months (plus any extension of this period arising from a violation of section 1213 of this title) if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or

(ii) a period of six months (plus any extension of this period arising from a violation of section 1213 of this title) in all other cases; and

(D) if the person has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(2) In the case of a second suspension, a license shall not be reinstated until:

(A) the person has successfully completed an alcohol and driving rehabilitation program;

(B) the person has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director;

(C) if the person elects to operate under an ignition interlock RDL, after:

(i) a period of two years (plus any extension of this period arising from a violation of section 1213 of this title) if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or

(ii) a period of 18 months (plus any extension of this period arising from a violation of section 1213 of this title) in all other cases; and

(D) the person has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(3) In the case of a third or subsequent suspension or a revocation, a license shall not be reinstated until:

(A) the person has successfully completed an alcohol and driving rehabilitation program;

(B) the person has completed or shown substantial progress in completing a therapy program at the person's own expense agreed to by the person and the driver rehabilitation program director;

(C) the person has satisfied the requirements of subsection (b) of this section;

(D) if the person elects to operate under an ignition interlock RDL, after:

(i) a period of four years (plus any extension of this period arising from a violation of section 1213 of this title) if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or

(ii) a period of three years (plus any extension of this period arising from a violation of section 1213 of this title) in all other cases; and

(E) the person has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter.

(b) Abstinence.

(1) Notwithstanding any other provision of this subchapter, a person whose license has been suspended for life under this subchapter may apply to the driver rehabilitation school director and to the commissioner for reinstatement of his or her driving privilege. The person shall have completed three years of total abstinence from consumption of alcohol or drugs, or both. The beginning date for the period of abstinence shall be no sooner than the effective date of the suspension from which the person is requesting reinstatement and shall not include any period during which the person is serving a sentence of incarceration to include furlough. The application to the commissioner shall be accompanied by a fee of $500.00. The commissioner shall have the discretion to waive the application fee if the commissioner determines that payment of the fee would present a hardship to the applicant.

(2) If the commissioner, or a medical review board convened by the commissioner, is satisfied by a preponderance of the evidence that the applicant has abstained for the required number of years immediately preceding the application and hearing, has successfully completed a therapy program as required under this section and the person appreciates that he or she cannot drink any amount of alcohol and drive safely, the person's license shall be reinstated immediately, subject to the condition that the person's suspension will be put back in effect in the event any further investigation reveals a return to the consumption of alcohol or drugs and to such additional conditions as the commissioner may impose and, if the person has not previously operated for three years under an ignition interlock RDL, subject to the additional condition that the person shall operate under an ignition interlock restricted driver's license for a period of at least one year following reinstatement und

er this subsection.

(3) If after notice and hearing the commissioner later finds that the person was violating the conditions of the person's reinstatement under this subsection, the person's operating license or privilege to operate shall be immediately suspended for the period of the original suspension.

(4) If the commissioner finds that a person reinstated under this subsection was suspended pursuant to section 1205 of this title, or was convicted of a violation of section 1201 of this title, the person shall be conclusively presumed to be in violation of the conditions of his or her reinstatement.

(5) A person shall be eligible for reinstatement under this subsection only once following a suspension for life.

(c) Screening and therapy programs. In the case of a second or subsequent suspension, the commissioner shall notify the person that he or she is required to enroll in the alcohol and driving education screening and therapy program provided for in this section within 30 days of license suspension. If the person fails to enroll or fails to remain so enrolled until completion, the drinking driver rehabilitation program shall report such failure to the sentencing court. The court may order the person to appear and show cause why he or she failed to comply.

(d) Judicial review. A person aggrieved by a decision of a designated counselor under this section may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

(e) Therapy program. A therapy program required under this section may include without limitation outpatient therapy, intensive outpatient therapy and residential therapy. In the event that the individual and the driver rehabilitation program director cannot agree on the type of therapy required, the criminal division of the superior court shall make that determination.

(f) Fees. The department of health's drinking driver rehabilitation program shall assess fees for the alcohol and driving education program and the alcohol assessment screening required by subdivision (a)(1)(A) of this section. The fee for the alcohol and driving education program shall not exceed $250.00. The fee for the alcohol assessment screening shall not exceed $200.00. In the case of a more intensive or weekend residential program combining both the alcohol and driving education program and the alcohol assessment screening, the total charge shall not exceed $625.00. Charges collected under this section shall be credited to separate special funds for each type of service and shall be available to the department of health to offset the cost of operating the drinking driver rehabilitation program. (Added 1981, No. 103, § 9; amended 1983, No. 134 (Adj. Sess.), § 7; 1985, No. 202 (Adj. Sess.), § 1; 1989, No. 68, § 6; 1989, No. 179 (Adj. Sess.), § 3, eff. May 14, 1990; 1991, No. 55

, § 8; 1997, No. 55, § 7, eff. June 26, 1997; No. 56, § 8, eff. Aug. 1, 1997; 1997, No. 117 (Adj. Sess.), § 17; No. 155 (Adj. Sess.), § 63; 1999, No. 160 (Adj. Sess.), § 20; 2003, No. 109 (Adj. Sess.), § 7; 2007, No. 76, § 16; 2009, No. 23, § 1; 2009, No. 126 (Adj. Sess.), § 7, eff. July 1, 2011; No. 154 (Adj. Sess.), § 238; 2011, No. 90 (Adj. Sess.), § 5.)

§ 1210. Penalties

(a) Screening. Before sentencing a defendant under this section, the court may order that the defendant submit to an alcohol assessment screening. Such a screening report may be considered at sentencing in the same manner as a presentence report. At sentencing, the defendant may present relevant evidence, including the results of any independent alcohol assessment which was conducted at the person's own expense. Evidence regarding any such screening or an alcohol assessment performed at the expense of the defendant shall not be admissible for any other purpose without the defendant's consent.

(b) First offense. A person who violates section 1201 of this title may be fined not more than $750.00, or imprisoned for not more than two years, or both.

(c) Second offense. A person convicted of violating section 1201 of this title who has been convicted of another violation of that section shall be fined not more than $1,500.00 or imprisoned not more than two years, or both. At least 200 hours of community service shall be performed, or 60 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed.

(d) Third offense. A person convicted of violating section 1201 of this title who has previously been convicted two times of a violation of that section shall be fined not more than $2,500.00 or imprisoned not more than five years, or both. At least 96 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol facility pursuant to sentence if the program is successfully completed. The court may impose a sentence that does not include a term of imprisonment or that does not require that the 96 hours of imprisonment be served consecutively only if the court makes written findings on the record that such a sentence will serve the interests of justice and public safety.

(e)(1) Fourth or subsequent offense. A person convicted of violating section 1201 of this title who has previously been convicted three or more times of a violation of that section shall be fined not more than $5,000.00 or imprisoned not more than ten years, or both. At least 192 consecutive hours of the sentence of imprisonment shall be served and may not be suspended or deferred or served as a supervised sentence, except that credit for a sentence of imprisonment may be received for time served in a residential alcohol treatment facility pursuant to sentence if the program is successfully completed. The court shall not impose a sentence that does not include a term of imprisonment unless the court makes written findings on the record that there are compelling reasons why such a sentence will serve the interests of justice and public safety.

(2) The department of corrections shall provide alcohol and substance abuse treatment, when appropriate, to any person convicted of a violation of this subsection.

(f)(1) Death resulting. If the death of any person results from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $10,000.00 or imprisoned not less than one year nor more than 15 years, or both. The provisions of this subsection do not limit or restrict prosecutions for manslaughter.

(2) If the death of more than one person results from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each decedent.

(3)(A) Death resulting; third or subsequent offense. If the death of any person results from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more times of a violation of that section, a sentence ordered pursuant to this subsection shall, except as provided in subdivision (B) of this subdivision (3), include at least a five-year term of imprisonment. The five-year minimum term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year term of imprisonment.

(B) Notwithstanding subdivision (A) of this subdivision (3), if the death of any person results from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more times of a violation of that section, the court may impose a sentence that does not include a term of imprisonment or which includes a term of imprisonment of less than five years if the court makes written findings on the record that such a sentence will serve the interests of justice and public safety.

(g)(1) Injury resulting. If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 1201 of this title, the person convicted of the violation shall be fined not more than $5,000.00, or imprisoned not more than 15 years, or both.

(2) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 1201 of this title, the operator may be convicted of a separate violation of this subdivision for each person injured.

(3)(A) Injury resulting; third or subsequent offense. If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to any person other than the operator from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more times of a violation of section 1201, a sentence ordered pursuant to this subsection shall, except as provided in subdivision (B) of this subdivision (3), include at least a five-year term of imprisonment. The five-year minimum term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence. The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year term of imprisonment.

(B) Notwithstanding subdivision (A) of this subdivision (3), if serious bodily injury as defined in 13 V.S.A. § 1021(2) results to any person other than the operator from a violation of section 1201 of this title and the person convicted of the violation previously has been convicted two or more times of a violation of section 1201, the court may impose a sentence that does not include a term of imprisonment or which includes a term of imprisonment of less than five years if the court makes written findings on the record that such a sentence will serve the interests of justice and public safety.

(h) Determination of fines. In determining appropriate fines under this section, the court may take into account the total cost to a defendant of alcohol screening, participation in the alcohol and driving education program and therapy, and the income of the defendant.

(i) A person convicted of violating section 1201 of this title shall be assessed a surcharge of $60.00, which shall be added to any fine imposed by the court. The court shall collect and transfer such surcharge to the department of public safety for deposit in the blood and breath alcohol testing special fund established by section 1220b of this title.

(j) A person convicted of violating section 1201 of this title 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 the office of defender general for deposit in the public defender special fund specifying the source of the monies being deposited. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

(k) A person convicted of violating section 1201 of this title 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. (Added 1969, No. 267 (Adj. Sess.), § 10; amended 1973, No. 79, § 8, eff. May 23, 1973; 1975, No. 103, § 6, eff. May 30, 1975; 1977, No. 101, § 1, eff. May 6, 1977; 1981, No. 205 (Adj. Sess.), § 2; 1983, No. 134 (Adj. Sess.), § 3; 1989, No. 68, § 7, eff. Dec. 1, 1989; 1991, No. 55, § 9; 1991, No. 234 (Adj. Sess.), § 1; 1993, No. 25, § 25, eff. May 18, 1993; 1995, No. 77 (Adj. Sess.), § 11, eff. March 21, 1996; 1997, No. 117 (Adj. Sess.), § 27; 1999, No. 160 (Adj. Sess.), § 21; 2007, No. 195 (Adj. Sess.), § 5; 2011, No. 56, § 5; No. 56, § 17, eff. March 1, 2012.)

§ 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 which prohibited operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway while under the influence of intoxicating liquor 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.)

§ 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 t

o operate a motor vehicle.

(b) A court which 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 assure 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 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 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.)

§ 1213. Ignition interlock restricted driver's license; penalties

(a) First offense. A person whose license or privilege to operate is suspended for a first offense under this subchapter shall be permitted to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, if issued a valid ignition interlock RDL. The commissioner shall issue an ignition interlock RDL to a person eligible under section 1205(a)(1), 1205(a)(2), 1206(a), or 1216(a)(1) of this title upon receipt of a $125.00 application fee, and upon receipt of satisfactory proof of installation of an approved ignition interlock device in any motor vehicle to be operated, financial responsibility as provided in section 801 of this title, and enrollment in an alcohol and driving education program. The RDL shall be valid after expiration of the applicable shortened period specified in section 1205(a)(1), 1205(a)(2), 1206(a), or 1216(a)(1) of this title. A new ignition interlock RDL shall expire at midnight on the eve of the second birthday of the

applicant following the date of issue, and may be renewed for one-year terms. The commissioner shall send by first class mail an application for renewal of the RDL at least 30 days prior to the day renewal is required and shall impose the same conditions for renewal as are required for initial issuance of an ignition interlock RDL. The renewal fee shall be $125.00.

(b) Second offense. A person whose license or privilege to operate is suspended for a second offense under this subchapter shall be permitted to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, if issued a valid ignition interlock RDL. The commissioner shall issue an ignition interlock RDL to a person eligible under section 1205(m), 1208(a), or 1216(a)(2) of this title upon receipt of a $125.00 application fee, and upon receipt of satisfactory proof of installation of an approved ignition interlock device in any motor vehicle to be operated, financial responsibility as provided in section 801 of this title, and enrollment in an alcohol and driving rehabilitation program. The RDL shall be valid after expiration of the applicable shortened period specified in section 1205(m), 1208(a), or 1216(a)(2) of this title. A new ignition interlock RDL shall expire at midnight on the eve of the second birthday of the applicant following the

 date of issue, and may be renewed for one-year terms. The commissioner shall send by first class mail an application for renewal of the RDL at least 30 days prior to the day renewal is required and shall impose the same conditions for renewal as are required for initial issuance of an ignition interlock RDL. The renewal fee shall be $125.00.

(c) Third or subsequent offense. A person whose license or privilege to operate is suspended or revoked for a third or subsequent offense under this subchapter shall be permitted to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, if issued a valid ignition interlock RDL. The commissioner shall issue an ignition interlock RDL to a person eligible under section 1205(a)(3), 1205(m), 1208(b), or 1216(a)(2) of this title upon receipt of a $125.00 application fee, and upon receipt of satisfactory proof of installation of an approved ignition interlock device in any motor vehicle to be operated, financial responsibility as provided in section 801 of this title, and enrollment in an alcohol and driving rehabilitation program. The RDL shall be valid after expiration of the applicable shortened period specified in section 1205(a)(3), 1205(m), 1208(b), or 1216(a)(2) of this title. A new ignition interlock RDL shall expire at midnight on

the eve of the second birthday of the applicant following the date of issue, and may be renewed for one-year terms. The commissioner shall send by first class mail an application for renewal of the RDL at least 30 days prior to the day renewal is required and shall impose the same conditions for renewal as are required for initial issuance of an ignition interlock RDL. The renewal fee shall be $125.00.

(d) If a fine is to be imposed for a conviction of a violation of section 1201 of this title, upon receipt of proof of installation of an approved ignition interlock device, the court may order that the fine of an indigent person conditionally be reduced by one-half to defray the costs of the ignition interlock device, subject to the person's ongoing operation under, and compliance with the terms of, a valid ignition interlock RDL as set forth in this section.

(e) The holder of an ignition interlock RDL shall pay the costs of installing, purchasing or leasing, and removing the ignition interlock device as well as calibrating the device and retrieving data from it periodically as may be specified by the commissioner.

(f)(1) Prior to the issuance of an ignition interlock RDL under this section, the commissioner shall notify the applicant of the applicable period prior to eligibility for reinstatement under section 1209a or 1216 of this title, and that the reinstatement period may be extended under this subsection (f) or subsections (g)-(h) of this section.

(2)(A) Prior to any such extension of the reinstatement period, the RDL holder shall be given notice and opportunity for a hearing. Service of the notice shall be sent by first class mail to the last known address of the person. The notice shall include a factual description of the grounds for an extension, a reference to the particular law allegedly violated, and a warning that the right to a hearing will be deemed waived, and an extension of the reinstatement period will be imposed, if a written request for a hearing is not received at the department of motor vehicles within 15 days after the date of the notice.

(B) When a holder receives a notice under subdivision (2)(A) of this subsection (f), the holder shall be deemed to have waived the right to a hearing unless a written request for a hearing is received at the department of motor vehicles within 15 days after the date of the notice. If a hearing is not timely requested, the reinstatement period shall be extended in accordance with law.

(C) The provisions of sections 105-107 of this title shall apply to hearings conducted under this subdivision (2).

(3)(A) A holder of an ignition interlock RDL who, prior to eligibility for reinstatement under section 1209a or 1216 of this title, is prevented from starting a motor vehicle because the ignition interlock device records a blood alcohol concentration of 0.04 or above, shall be subject to a three-month extension of the applicable reinstatement period in the event of three such recorded events, and to consecutive three-month extensions for every additional three recorded events thereafter. The commissioner shall disregard a recording of 0.04 or above for the purposes of this subdivision if the commissioner in his or her discretion finds, based on a pattern of tests or other reliable information, that the recording does not indicate the consumption of intoxicating liquor by the holder. The commissioner shall notify the holder in writing after every recording of 0.04 or above that indicates the consumption of intoxicating liquor by the holder and, prior to any extension under this

 subdivision, the holder shall have the opportunity to be heard pursuant to subdivision (2) of this subsection (f).

(B) A holder of an ignition interlock RDL who, prior to eligibility for reinstatement under section 1209a or 1216 of this title, fails a random retest because the ignition interlock device records a blood alcohol concentration of 0.04 or above and below 0.08, shall be subject to consecutive three-month extensions of the applicable reinstatement period for every such recorded event. A holder who fails a random retest because of a recording of 0.08 or above shall be subject to consecutive six-month extensions of the applicable reinstatement period for every such recorded event. The commissioner shall disregard a recording of 0.04 or above for the purposes of this subdivision if the commissioner in his or her discretion finds, based on a pattern of tests or other reliable information, that the recording does not indicate the consumption of intoxicating liquor by the holder. The commissioner shall notify the holder in writing after every recording of 0.04 or above that is in

dicative of the consumption of intoxicating liquor by the holder and, prior to any extension under this subdivision, the holder shall have the opportunity to be heard pursuant to subdivision (2) of this subsection (f).

(g) The holder of an ignition interlock RDL shall operate only motor vehicles equipped with an ignition interlock device, shall not attempt or take any action to tamper with or otherwise circumvent an ignition interlock device, and, after failing a random retest, shall pull over and shut off the vehicle's engine as soon as practicable. A person who violates any provision of this section commits a criminal offense, shall be subject to the sanctions and procedures provided for in subsections 674(b)-(i) of this title, and, upon conviction, the applicable period prior to eligibility for reinstatement under section 1209a or 1216 of this title shall be extended by six months.

(h) A person who violates a rule adopted by the commissioner pursuant to subsection (l) of this section shall, after notice and an opportunity to be heard is provided pursuant to subdivision (f)(2) of this section, be subject to an extension of the period prior to eligibility for reinstatement under section 1209a or 1216 of this title in accordance with rules adopted by the commissioner.

(i) Upon receipt of notice that the holder of an ignition interlock RDL has been adjudicated of an offense under this title that would result in suspension, revocation, or recall of a license or privilege to operate, the commissioner shall suspend, revoke, or recall the person's ignition interlock RDL for the same period that the license or privilege to operate would have been suspended, revoked, or recalled. The commissioner may impose a reinstatement fee in accordance with section 675 of this title and require, prior to reinstatement, satisfactory proof of installation of an approved ignition interlock device, financial responsibility as provided in section 801 of this title, and enrollment in or completion of an alcohol and driving education or rehabilitation program.

(j) [Repealed.]

(k) A person shall not knowingly and voluntarily tamper with an ignition interlock device on behalf of another person or otherwise assist another person to circumvent an ignition interlock device. A person adjudicated of a violation of this subsection shall be subject to a civil penalty of up to $500.00.

( l )(1) The commissioner, in consultation with any individuals or entities the commissioner deems appropriate, shall adopt rules and may enter into agreements to implement the provisions of this section.

(2) The rules shall establish uniform performance standards for ignition interlock devices including required levels of accuracy in measuring blood alcohol concentration, efficacy in distinguishing valid breath samples, the occurrence of random retests while the vehicle is running, and automatic signaling by the vehicle if the operator fails such a retest. The commissioner shall certify devices that meet these standards, specify any periodic calibration that may be required to ensure accuracy of the devices, and specify the means and frequency of the retrieval and sharing of data collected by ignition interlock devices. Persons who elect to obtain an ignition interlock RDL following a conviction under this subchapter when the person's blood alcohol concentration is proven to be 0.16 or more shall be required to install an ignition interlock device with a Global Positioning System feature. The rules also shall establish a schedule of extensions of the period prior to eligibilit

y for reinstatement as authorized under subsection (h) of this section. (Added 2009, No. 126 (Adj. Sess.), § 9, eff. May 27, 2010; amended 2011, No. 46, § 23; No. 46, § 24, eff. June 30, 2011; 2011, No. 90 (Adj. Sess.), § 2.)

§ 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 chapter 13 of Title 27. 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.)

§ 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.)

§ 1213c. Immobilization and forfeiture proceedings

(a) Notice. The state shall provide the following persons with notice of an immobilization or forfeiture hearing:

(1) the defendant;

(2) the registered owner or owners;

(3) any holder of a security interest in or lien on the vehicle; and

(4) any other person appearing to be an innocent owner or operator as described in subsection (f) of this section.

(b) Content of notice. The notice shall contain the following:

(1) a description of the motor vehicle, including vehicle identification number, make, model, and year;

(2) the name of the registered owner or owners, lienholder, and any other person appearing to be an innocent owner or operator as described in subsection (g) of this section;

(3) the date, time, and place of the hearing; and

(4) a statement that any person who is an owner, an innocent owner or operator, or who holds a security interest in, or claims any interest in the motor vehicle, may appear and be heard at the hearing to protect the person's interest in the motor vehicle.

(c) Service of notice. The notice of hearing shall be served as provided for in the Vermont Rules of Civil Procedure on the registered owner or owners and any lienholders as shown on the certificate of title for the vehicle as shown in the records of the department of motor vehicles in the state in which the vehicle is registered or titled.

(d) Hearing. The court shall hold a hearing to determine whether or not to order the motor vehicle immobilized or forfeited. The proceeding shall be against the motor vehicle and shall be deemed civil in nature.

(e) Hardship consideration. In determining the motion the court may consider any undue hardship which immobilization or forfeiture would cause to a person, other than the defendant, who is dependent on the motor vehicle for essential transportation needs. In making such determination, the court shall consider any evidence of past or current domestic violence.

(f) Order. The court shall make findings of fact and conclusions of law and shall issue a final order. The court may order the motor vehicle immobilized or forfeited if the court finds that:

(1) the motor vehicle is subject to immobilization or forfeiture;

(2) the notice as required by this section was served; and

(3) no party has shown that he or she is an innocent owner or operator as described in subsection (g) of this section.

(g) Rights of innocent owner or operator. The court shall not order the immobilization or forfeiture of a motor vehicle if an owner, co-owner, or person who regularly operates the motor vehicle, other than the defendant, shows by a preponderance of the evidence that the owner, co-owner, or regular operator did not consent to or have any express or implied knowledge that the motor vehicle was being or was intended to be operated in a manner that would subject the motor vehicle to immobilization or forfeiture, or that the owner, co-owner, or regular operator had no reasonable opportunity or capacity to prevent the defendant from operating the motor vehicle.

(h) Rented or leased vehicles. A vehicle that is rented or leased for a period of less than one year shall not be subject to immobilization or forfeiture unless it is established in the proceedings that the owner of the rented or leased vehicle knew of or consented to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture.

(i) Lienholder. If the court finds that a person has an enforceable lien on or other interest in the motor vehicle which is not held through a straw purchase, trust or otherwise for the actual benefit of another and that the person did not know of or consent to the operation of the motor vehicle in a manner that would subject the vehicle to immobilization or forfeiture, the court shall:

(1) permit the person to enforce the lien or other interest as provided by law if such enforcement does not result in the return of the motor vehicle to the defendant; or

(2) upon immobilization or forfeiture order compensation to the person, to the extent of the person's interest, from the proceeds of the resulting sale.

(j) Order of forfeiture. If the court orders the motor vehicle forfeited, it shall be delivered into the custody of the commissioner of buildings and general services, who shall dispose of the motor vehicle pursuant to 29 V.S.A. § 1556. The proceeds from the sale of the vehicle shall first be used to offset any costs of selling the vehicle, and then, after any liens on the vehicle have been paid in full, applied to any unpaid restitution owed by the defendant in connection with the charge that resulted in forfeiture. Any balance remaining shall be deposited into the general fund.

(k) Appeal. A decision of the court under this section may be appealed as a matter of right to the supreme court.

(l) 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.

(m) Owning, leasing and renting prohibited. After issuance of an immobilization or forfeiture order, and during the defendant's license suspension or revocation period, the defendant shall not operate, purchase, lease or rent a motor vehicle. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(n)(1) Selling or encumbering prohibited. Except as provided in subdivision (2) of this subsection, after a person is detained, arrested, lodged or released upon citation for a second or subsequent violation of section 1201 of this title, no person shall sell, transfer or encumber the title to a vehicle that the person knows may be subject to immobilization under section 1213a of this title or forfeiture under section 1213b of this title, unless approved by the court in which the charge is filed for good cause shown. A person who violates this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(2) If the state has not commenced a prosecution for a second or subsequent violation of section 1201 of this title within 90 days of the detention, arrest, lodging or release upon citation, the person may sell, transfer or encumber the subject vehicle. (Added 1997, No. 117 (Adj. Sess.), § 20; amended 2001, No. 146 (Adj. Sess.), § 4; 2003, No. 41, § 1; 2007, No. 40, § 7; 2009, No. 154 (Adj. Sess.), § 161.)

§ 1214. Repealed. 1991, No. 55, § 20.

§ 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.)

§ 1216. Persons under 21; alcohol concentration of 0.02 or more

(a) A person under the age of 21 who operates, attempts to operate or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the judicial bureau and subject to the following sanctions:

(1) For a first violation, the person's license or privilege to operate shall be suspended for six months and until the person complies with subdivision 1209a(a)(1) of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 30 days of this six-month period unless the offense involved a collision resulting in serious bodily injury or death to another.

(2) For a second or subsequent violation, the person's license or privilege to operate shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with subdivision 1209a(a)(2) of this title. However, a person may operate under the terms of an ignition interlock RDL issued pursuant to section 1213 of this title after 90 days of the applicable suspension period unless the offense involved a collision resulting in serious bodily injury or death to another.

(b) A person's license or privilege to operate that has been suspended under this section shall not be reinstated until:

(1) the commissioner has received satisfactory evidence that the person has complied with section 1209a of this title and the provider of the therapy program has been paid in full;

(2) the person has no pending criminal charges, civil citations, or unpaid fines or penalties for a violation under this chapter; and

(3)(A) for persons operating under an ignition interlock RDL for a first offense, after:

(i) a period of one year (plus any extension of this period arising from a violation of section 1213 of this title) if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or

(ii) a period of nine months (plus any extension of this period arising from a violation of section 1213 of this title) in all other cases; or

(B) for persons operating under an ignition interlock RDL for a second or subsequent offense, after:

(i) a period of two years (plus any extension of this period arising from a violation of section 1213 of this title) or until the person is 21, whichever is longer, if the person's license or privilege to operate is suspended after a refusal to consent to a law enforcement officer's reasonable request for an evidentiary test; or

(ii) a period of 18 months (plus any extension of this period arising from a violation of section 1213 of this title) or until the person is 21, whichever is longer, in all other cases.

(c) A person who violates this section may also be subject to recall of his or her provisional license under section 607a of this title.

(d) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of public safety. A refusal to submit to the breath test shall be considered a violation of this section. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(1) the results of the test shall be admissible evidence in a proceeding under this section; and

(2) there shall be no statutory right to counsel prior to the administration of the test.

(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle on a highway an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate or being in actual physical control.

(f) No fine and no points shall be assessed for a violation of this section.

(g) The alcohol and driving program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration any particular treatment needs of operators under the age of 21.

(h) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 1201 of this title.

(i) Suspensions imposed under this section or any comparable statute of any other jurisdiction shall run concurrently with suspensions imposed under sections 1205, 1206, and 1208 of this title or any comparable statutes of any other jurisdiction or with any suspension resulting from a conviction for a violation of section 1091 of this title from the same incident, and a person shall receive credit for any elapsed period of a suspension served in Vermont against a later suspension imposed in this state. In order for suspension credit to be available against a later suspension, the suspension issued under this section must appear and remain on the individual's motor vehicle record. (Added 1991, No. 55, § 17; amended 1997, No. 57, § 1, eff. Sept. 1, 1997; 1997, No. 121 (Adj. Sess.), §§ 9, 27; 2009, No. 126 (Adj. Sess.), § 10, eff. July 1, 2011; 2011, No. 46, § 9, eff. July 2, 2011; No. 56, § 18, eff. March 1, 2012; 2011, No. 90 (Adj. Sess.), § 6.)

§ 1217. [Reserved for future use.]

§ 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 intoxicating liquor; 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 which 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.)

§ 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.)

§ 1220. Enforcement; sobriety checkpoints; safe highway accident reduction project; mobile evidentiary breath alcohol testing equipment funding

(a) Each county safe highway accident reduction project (SHARP) program shall organize and participate in at least six sobriety checkpoints prior to February 28, 1998. The checkpoints shall be coordinated by the SHARP county project directors.

(b) The governor's highway safety program shall purchase two mobile evidentiary breath alcohol testing instruments. The instruments shall be distributed for use with priority given to constables and county and municipal law enforcement agencies in the areas of the state where there is not quick and convenient access to nonmobile breath testing instruments.

(c) For fiscal year 1998, unless inconsistent with federal law, 33 percent of the funds received under the provisions of 23 U.S.C. § 402 shall be used to reduce DUI on Vermont highways, as follows:

(1) to purchase two mobile evidentiary breath alcohol testing instruments described in subsection (b) of this section;

(2) 161/2 percent to fund the organized county SHARP sobriety checkpoints described in subsection (a) of this section; and

(3) the balance to be expended by and under the control and discretion of SHARP county project directors to increase the presence of law enforcement officers on Vermont highways for the principal purpose of detecting and apprehending violators of the DUI laws. (Added 1997, No. 56, § 6, eff. Aug. 1, 1997.)

§ 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 in fiscal year 2000 and thereafter, two percent of the revenues raised by the motor fuel tax on gasoline imposed by chapter 28 of this title; 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.)

§ 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.)

§ 1221. Condition of vehicle

A motor vehicle, operated on any highway, shall be in good mechanical condition and shall be properly equipped.

§ 1221a. Defective equipment warning

The operator of a motor vehicle who receives a ticket for inoperative lights shall not be required to pay the fine associated with the ticket provided that within 72 hours of 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.)

§ 1222. Inspection of registered vehicles

(a) Except for school buses which shall be inspected as prescribed in section 1282 of this title and motor buses as defined in subdivision 4(17) of this title which shall be inspected twice during the calendar year at six-month intervals, all motor vehicles registered in this state shall be inspected once each year. Any motor vehicle, trailer, or semi-trailer not currently inspected in this state shall be inspected within 15 days from the date of its registration in the state of Vermont.

(b) The inspections shall be made at garages or qualified service stations, designated by the commissioner as inspection stations, for the purpose of determining whether those motor vehicles are properly equipped and maintained in good mechanical condition. The charges for such inspections made by garages or qualified service stations designated to conduct periodic inspections shall be subject to the approval of the commissioner. If a fee is charged for inspection, it shall be based upon the hourly rate charged by each official inspection station or it may be a flat rate fee and, in either instance, the fee shall be prominently posted and displayed beside the official inspection station certificate. In addition, the official inspection station may disclose the state inspection certificate charge on the repair order as a separate item and collect the charge from the consumer.

(c) A person shall not operate a motor vehicle unless it has been inspected as required by this section and has a valid certification of inspection affixed to it. A person shall be subject to a fine of not more than $5.00 if he or she is cited for a violation of this section within 14 days of expiration of the motor vehicle inspection sticker. The month of next inspection for all motor vehicles shall be shown on the current inspection certificate affixed to the vehicle.

(d) Notwithstanding the provisions of subsection (a) of this section, an exhibition vehicle of model year 1940 or before registered as prescribed in section 373 of this title or a trailer registered as prescribed in subdivision 371(a)(1)(A) of this title shall be exempt from inspection; provided, however, the vehicle must be equipped as originally manufactured, must be in good mechanical condition, and must meet the applicable standards of the inspection manual. (Amended 1967, No. 67; No. 104, § 1; 1969, No. 143, § 3; 1969, No. 299 (Adj. Sess.), § 1, eff. Jan. 1, 1971; 1977, No. 20, § 6; 1993, No. 64, § 3; 1997, No. 32, § 3; 2003, No. 118 (Adj. Sess.), § 1; 2005, No. 80, § 55; 2009, No. 152 (Adj. Sess.), § 15; 2011, No. 62, § 38.)

§ 1222a. Emissions of diesel-powered commercial vehicles

(a) Except for voluntary exhaust-smoke emission testing, a vehicle may be stopped and an inspection performed under this section only if a law enforcement officer observes an apparent violation of the exhaust-smoke emission standard. If the equipment for smoke testing is not available, a law enforcement officer may require the operator or the owner to submit the vehicle for an emission test at a reasonably convenient time and place. Failure to submit to the test shall be conclusive evidence of the vehicle's noncompliance with the exhaust-smoke emission standard. Any test administered under this section and any notice of violation issued shall be done by a sworn law enforcement officer trained and certified by the department of motor vehicles. For purposes of this section:

(1) "Commercial motor vehicle" is defined under subdivision 4103(4) of this title.

(2) "Law enforcement officer" means an officer of the department of motor vehicles trained and certified by the department of motor vehicles to conduct exhaust-smoke emission inspections.

(b) No diesel-powered commercial motor vehicle shall be operated on the highways of this state unless the vehicle complies with the exhaust-smoke emission standard and the rules adopted by the commissioner of motor vehicles. Any person who owns or operates such a vehicle while it is operated in violation of the provisions of this section or the rules adopted by the commissioner shall be fined:

(1) $200.00 for a first violation per vehicle, except that a person shall not be fined if, within 45 days from the date of the emission inspection, the defect is repaired and notification of the repair is provided to the department of motor vehicles or the vehicle is taken out of service;

(2) $200.00 for a second violation by the same vehicle within a two-year period if the first violation was repaired within 45 days from the date of the emission inspection, except that a person shall not be fined if the second violation occurs within 60 days from the date of repair of the first violation. For purposes of this subdivision, the "date of repair" shall be the date indicated in the notification of repair submitted to the department of motor vehicles under subdivision (b)(1) of this subsection;

(3) $400.00 for a second violation by the same vehicle within a two-year period if the first violation was not repaired within 45 days from the date of the emission inspection;

(4) $ 400.00 for a third or subsequent violation committed by the same vehicle within a two-year period if the first violation was repaired within 45 days from the date of the emission inspection; and

(5) $800.00 for a third or subsequent violation committed by the same vehicle within a two-year period if the first violation was not repaired within 45 days from the date of the emission inspection.

(c) The commissioner shall establish by rule a process by which the owner of a vehicle that has been taken out of service under this section and that is currently in violation of the exhaust-smoke emission standard shall, prior to sale or transfer of the vehicle, notify the purchaser or transferee that the vehicle does not comply with the exhaust-smoke emission standard.

(d) All fines generated from the violation of this section shall be deposited in the transportation fund. (Added 2005, No. 195 (Adj. Sess.), § 2, eff. July 1, 2007.)

§ 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.)

§ 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.)

§ 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.)

§ 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 which was not in this state during the time an inspection was required. (Added 1969, No. 299 (Adj. Sess.), § 2, eff. Jan. 1, 1971.)

§ 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) A person who applies for certification under this section shall complete an application form prescribed by the commissioner, shall be at least 18 years of age, and shall pass an examination based on the official inspection manual for each type of vehicle to be inspected.

(c) Applicants for certification under this section shall be examined on the inspection requirements for each type of vehicle to be inspected. Upon satisfactory completion of the examination, the commissioner shall issue a certification which 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. (Added 1997, No. 155 (Adj. Sess.), § 66j, eff. Jan. 1, 1999; amended 2005, No. 188 (Adj. Sess.), § 5.)

§ 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.)

§ 1229. Rules

(a) The commissioner may adopt rules necessary to implement the provisions of sections 1222, 1224, 1227, and 1228 of this title, relating to inspections and certification of inspection mechanics.

(b) In consultation with the secretary of natural resources or the secretary's designee, the commissioner shall adopt rules, pursuant to the provisions in 3 V.S.A. chapter 25, to establish a standard of exhaust-smoke emission for all diesel-powered commercial motor vehicles operated on the highways of this state. In establishing this standard, the commissioner shall review standards in effect in other states and shall endeavor to maintain consistency with those standards. The rules adopted shall recognize different types and ages of vehicles and comprise standards which shall, at least in part, be based on the age of the vehicle. The standards shall be reviewed by the commissioner periodically and may be revised in consultation with the secretary of natural resources or the secretary's designee, as the commissioner deems appropriate. Additionally, the commissioner, in consultation with the secretary of natural resources or the secretary's designee, shall adopt rules which select a m

ethod or methods for testing the exhaust emissions of diesel-powered commercial motor vehicles and which implement section 1222a of this title. The method selected shall be one that is designed to be performed without unreasonable delay for the vehicle being tested. The rules shall include a process by which the owner of a commercial motor vehicle may arrange with the department of motor vehicles for the voluntary exhaust-smoke emission testing of a vehicle. For the purposes of this section, "commercial motor vehicle" is defined under subdivision 4103(4) of this title. (Added 1997, No. 155 (Adj. Sess.), § 66l; amended 2005, No. 195 (Adj. Sess.), § 1, eff. May 26, 2006.)

§ 1230. Charge

For each inspection certificate issued by the department of motor vehicles, the commissioner shall be paid $5.00, provided that state and municipal inspection stations that inspect only state or municipally owned and registered vehicles shall not be required to pay a fee. All vehicle inspection certificate charge revenue shall be allocated to the transportation fund with one-half reserved for bridge maintenance activities. (Added 1997, No. 155 (Adj. Sess.), § 66m, eff. Sept. 1, 1998; amended 2005, No. 80, § 54; 2009, No. 50, § 50; 2009, No. 123 (Adj. Sess.), § 25; 2011, No. 128 (Adj. Sess.), § 20.)

§ 1231. Administrative penalties

(a) The commissioner may impose an administrative penalty of not more than $500.00 for each violation against a designated inspection station or a certified inspection mechanic who violates the laws relating to the performance of periodic motor vehicle inspections or the official inspection manuals.

(b) Each violation is a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense. In no event shall the maximum amount imposed for a continuing offense exceed $1,000.00.

(c) The commissioner shall adopt rules establishing categories of violations for which administrative penalties are to be imposed under this section. Categories shall be based on the severity of the violation involved. Penalties assessed for each determination of violation of the inspection rules shall not exceed the following amounts per category:

(1) Category 1. Violation of state law relative to inspection-$500.00.

(2) Category 2. Violation of inspection rule (fraud related)-$300.00.

(3) Category 3. Violation of inspection rule (improper action)-$250.00.

(4) Category 4. Violation of inspection rule (records/equipment)-$100.00.

(5) Category 5. Violation of inspection rule (documentation)-$50.00.

(d) The alleged violator shall be given notice and opportunity for a hearing. Service of the notice shall be sufficient if sent by first class mail to the station's address or the most recent address provided by the mechanic. The notice shall include the following:

(1) A factual description of the alleged violation.

(2) A reference to the particular statute allegedly violated.

(3) The amount of the proposed administrative penalty.

(4) A warning that the person will be deemed to have waived his or her right to a hearing, that the penalty will be imposed if no hearing is requested within 15 days from date of notice and that failure to pay a penalty may result in suspension of his or her license.

(e) A person who receives notice under subsection (d) of this section shall be deemed to have waived the right to a hearing unless, within 15 days from date of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the commissioner shall issue a final order finding the person in default and imposing the penalty.

(f) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.

(g) The commissioner may collect an unpaid administrative penalty by filing a civil action in superior court, or through any other means available to state agencies.

(h) If a penalty is not paid within 60 days after it is imposed, the commissioner may suspend any license, certificate, registration or permit issued under this subchapter.

(i) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for violation of this subchapter.

(j) Penalties assessed under this section shall be deposited in the transportation fund. (Added 1997, No. 155 (Adj. Sess.), § 66n, eff. Jan. 1, 1999.)

§ 1241. Locking device

A motor vehicle shall be provided with a lock, key or other device to prevent such motor vehicle from being set in motion by its own motive power.

§ 1242. Safety glass

(a) A person shall not operate on a highway in this state a motor vehicle registered in Vermont, manufactured or assembled after January 1, 1936, unless such vehicle is equipped with safety glass, wherever glass is used in doors, windows and windshields. The commissioner of motor vehicles shall suspend the registration of any motor vehicle found to be operating in violation of this section until the provisions hereof are satisfactorily complied with.

(b) This section does not apply to trailer coaches. (Amended 1969, No. 31, § 1.)

§ 1243. Lights

(a) A motor vehicle, except a motorcycle and motor-driven cycle, in use or at rest on a highway, unless otherwise provided, during the period from 30 minutes after sunset to 30 minutes before sunrise, shall also be equipped with at least two lighted head lamps of substantially the same intensity and with reflectors and lenses of a design approved by the commissioner of motor vehicles, and with a lighted tail or rear lamp of a design so approved. A motorcycle or motor-driven cycle may be operated during the period mentioned if equipped with at least one lighted head lamp and at least one lighted tail or rear lamp, both of a design approved by the commissioner of motor vehicles. A side car attached to such motorcycle or motor-driven cycle shall be equipped with a light on the right side of such side car visible from the front thereof. A person shall not operate a motor vehicle during the period mentioned unless it is equipped as defined in this section.

(b) Every vehicle upon a highway within this state, at any time from 30 minutes after sunset to 30 minutes before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons or vehicles on the highway are not clearly discernible at a distance of 500 feet ahead, shall display lighted lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.

(c) Local regulations made and promulgated by the legislative bodies of municipalities govern within their respective municipalities with relation to the use of lights at night on motor vehicles at rest or in motion on well-lighted streets. Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for their use. (Amended 1971, No. 258 (Adj. Sess.), § 7, eff. March 1, 1973; 1977, No. 20, § 7; 2009, No. 152 (Adj. Sess.), § 19j, eff. Sept. 1, 2010.)

§ 1244. Illumination required

The light from the front lamps of a motor vehicle other than a motorcycle, while such vehicle is in motion, shall render any substantial object on the ground clearly visible at least 150 feet ahead of such vehicle, and, while such vehicle is at rest, shall be visible for at least 200 feet in the direction in which such vehicle is headed.

§ 1245. Illumination required on motorcycles

The light from the front lamp of a motorcycle shall render any substantial object on the ground clearly visible at least 100 feet ahead of such motorcycle.

§ 1246. Restrictions

A person shall not use on a vehicle of any kind operated on the highway during the period stated in section 1243 of this title any lighting device of over four candle power equipped with a reflector, unless such device and the lens used therein, and such candle power is approved by the commissioner of motor vehicles, nor unless the same shall be so designed, deflected or arranged that a beam of reflected light therefrom, when measured 75 feet or more ahead of the lamps shall not rise more than six inches above the height of the bulb in such lamp and in no event more than 42 inches from the level surface on which the vehicle stands under all conditions of load. When vehicles are approaching each other from opposite directions, spotlights shall not be used except when projecting their rays directly on the ground and at a distance not exceeding 30 feet in front of the vehicle.

§ 1247. Approval of lighting devices

The manufacturer or distributor of each device or lens designed to control lights on motor vehicles shall apply to the commissioner for his or her approval of the use of such device or lens in this state. The commissioner shall make or cause to be made such laboratory and road tests of each device or lens submitted as he or she deems necessary, or he or she may adopt the approval or disapproval of such device or lens by the American Association of Motor Vehicle Administrators. (Amended 1981, No. 135 (Adj. Sess.).)

§ 1248. Taillights

(a) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two taillamps mounted on the rear, except that one taillamp shall be allowed on any vehicle equipped with only one when it was manufactured.

(b) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light all parts of the rear registration number plate on the vehicle so that all the numerals, letters, and marks on the plate are clearly visible and legible for at least 50 feet from the rear of the vehicle. (Amended 2001, No. 75 (Adj. Sess.), § 8.)

§ 1249. Directional signal lamps

A person shall not operate on a highway in this state a pleasure car, pleasure car with trailer coach attached, motor truck, truck-tractor in combination with a trailer or semi-trailer, motor bus, or school bus registered in Vermont, manufactured or assembled after January 1, 1955, unless such vehicle is equipped with directional signal lamps, of a type approved by the commissioner, on front and rear of such vehicle or combination. (Amended 1971, No. 228 (Adj. Sess.), § 32.)

§ 1250. Clearance lamps

(a) Every motor vehicle, except as provided in subsection (b) of this section having a width at any part in excess of 80 inches, when in use or at rest on a highway, during the period from 30 minutes after sunset to 30 minutes before sunrise, shall display on the left side of the vehicle at least one lamp, to be known as a clearance lamp, displaying an amber light, visible, under normal atmospheric conditions, 500 feet ahead of the vehicle, and displaying a red light visible, under like conditions, 500 feet to the rear of the vehicle, to mark as closely as possible, the extreme height and width of the vehicle.

(b) All motor vehicles of the pleasure car type having a width at any part in excess of 82 inches shall be subject to the provisions of subsection (a) of this section. (Amended 1991, No. 165 (Adj. Sess.), § 4.)

§ 1251. Sirens and colored signal lamps; out of state emergency and rescue vehicles

(a) A motor vehicle shall not be operated upon a highway of this state equipped with a siren or signal lamp colored other than amber unless a permit authorizing this equipment, issued by the commissioner of motor vehicles, is carried in the vehicle. A permit may be transferred following the same procedure and subject to the same time limits as set forth in section 321 of this title. The commissioner may adopt additional rules as may be required to govern the acquisition of permits and the use pertaining to sirens and colored signal lamps.

(b) Notwithstanding the provisions of subsection (a) of this section, when responding to emergencies, law enforcement vehicles, ambulances, fire vehicles, or vehicles owned or leased by, or provided to, volunteer firefighters or rescue squad members which are registered or licensed by another state or province may use sirens and signal lamps in Vermont, and a permit shall not be required for such use, as long as the vehicle is properly permitted in its home state or province. (Amended 1967, No. 265 (Adj. Sess.), § 1; 1985, No. 85, § 6; 2001, No. 106 (Adj. Sess.), § 1; 2009, No. 123 (Adj. Sess.), § 39; No. 152 (Adj. Sess.), § 19, eff. June 1, 2010.)

§ 1252. Uses of sirens or colored lamps or both

(a) When satisfied as to the condition and use of the vehicle, the commissioner shall issue and may revoke, for cause, permits for sirens or colored signal lamps in the following manner:

(1) Sirens or blue or blue and white signal lamps, or a combination of these, for all law enforcement vehicles, owned or leased by a law enforcement agency or a certified law enforcement officer and if the applicant is a constable, the application shall be accompanied by a certification by the town clerk that the applicant is the duly elected or appointed constable and attesting that the town has not voted to limit the constable's authority to engage in enforcement activities under 24 V.S.A. § 1936a.

(2) Sirens and red or red and white signal lamps for all ambulances, fire apparatus, vehicles owned or leased by, or provided to volunteer firemen and voluntary rescue squad members, including a vehicle owned by a volunteer's employer when the volunteer has the written authorization of the employer to use the vehicle for emergency fire or rescue activities and motor vehicles used solely in rescue operations.

(3) No vehicle may be authorized a permit for more than one of the combinations described in subdivisions (1) and (2) of this subsection.

(4) Notwithstanding subdivisions (1) and (2) of this subsection, no motor vehicle, other than one owned by the applicant, shall be issued a permit until such time as the commissioner can adequately record the information regarding both the owner of the vehicle and the applicant for the permit.

(5) Upon application to the commissioner, the commissioner may issue a single permit for all the vehicles owned or leased by the applicant.

(b) Amber signal lamps shall be used on road maintenance vehicles, service vehicles, and wreckers and shall be used on all registered snow removal equipment when in use removing snow on public highways and the amber lamps shall be mounted so as to be visible from all sides of the motor vehicle. A vehicle equipped with an amber signal lamp may not be issued a permit for the installation and use of a siren. (Amended 1967, No. 265 (Adj. Sess.), § 2; 1969, No. 259 (Adj. Sess.), § 11; 1985, No. 85, § 7; 1987, No. 5; 1987, No. 241 (Adj. Sess.), § 5; 1991, No. 128 (Adj. Sess.), § 1 eff. April 10, 1992; 1995, No. 88 (Adj. Sess.), § 1; 2001, No. 106 (Adj. Sess.), § 2.)

§ 1253. Inspection of permits

Permits issued by the commissioner in accordance with the provisions of sections 1251 and 1252 of this title shall be carried in some easily accessible place in the vehicles authorized to use the equipment and shall be available for inspection at any or all times by any law enforcement officer, or during the inspection by the authorized personnel of an official inspection station designated as such by the department of motor vehicles, as provided by section 1222 of this title. No inspection sticker may be issued for a vehicle equipped with a siren or colored signal lamp, or both, unless a current or valid permit for the siren or colored signal lamp, or both, is produced for inspection. If a vehicle's permit is issued pursuant to subdivision 1252(a)(5) of this title, a copy of the permit is acceptable. (Amended 1967, No. 265 (Adj. Sess.), § 3; 2001, No. 106 (Adj. Sess.), § 3.)

§ 1254. Repealed. 1971, No. 228 (Adj. Sess.), § 32.

§ 1255. Exceptions

(1) The provisions of section 1251 of this title shall not apply to directional signal lamps of a type approved by the commissioner of motor vehicles.

(2) All persons with motor vehicles equipped as provided in subdivision 1252(a)(1) and (2) of this title, shall use the sirens or colored signal lamps or both only in the direct performance of their official duties. When any person other than a law enforcement officer is operating a motor vehicle equipped as provided in subdivision 1252(a)(1) of this title, the colored signal lamp shall be either removed, covered or hooded. When any person, other than an authorized ambulance operator, firefighter, or authorized operator of vehicles used in rescue operation is operating a motor vehicle equipped as provided in subdivision 1252(a)(2) of this title, the colored signal lamps shall be either removed, covered or hooded unless the operator holds a senior operator license. (Added 1967, No. 265 (Adj. Sess.), § 4; amended 1985, No. 85, § 8; 1995, No. 88 (Adj. Sess.), § 2.)

§ 1256. Motorcycles-Headgear

A person may not operate or ride upon a motorcycle upon a highway unless he or she properly wears protective headgear of a type that conforms to the federal Motor Vehicle Safety Standards contained in 49 C.F.R. part 571.218 and any amendment or addition to the regulations that may be adopted by the U.S. Secretary of Transportation. (Added 1967, No. 264 (Adj. Sess.), § 1; 2009, No. 39, § 3.)

§ 1257. Face protection

If a motorcycle is not equipped with a windshield or screen, the operator of the motorcycle shall wear either eye glasses, goggles, or a protective face shield when operating the vehicle. The glasses, goggles, or face shield shall have colorless lenses when the motorcycle is being operated during the period of 30 minutes after sunset to 30 minutes before sunrise and at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead. (Added 1967, No. 264 (Adj. Sess.), § 2.)

§ 1258. Child restraint systems; persons under age 18

(a) No person shall operate a motor vehicle, other than a type I school bus, in this state upon a public highway unless every occupant under age 18 is properly restrained in a federally-approved child passenger restraining system as defined in 49 C.F.R. § 571.213 (1993) or a federally-approved safety belt, as follows:

(1) all children under the age of one, and all children weighing less than 20 pounds, regardless of age, shall be restrained in a rear-facing position, properly secured in a federally-approved child passenger restraining system, which shall not be installed in front of an active air bag;

(2) a child weighing more than 20 pounds, and who is one year of age or older and under the age of eight years, shall be restrained in a child passenger restraining system; and

(3) a child eight through 17 years of age shall be restrained in a safety belt system or a child passenger restraining system.

(b) A person shall not be adjudicated in violation of this section if:

(1) the motor vehicle is regularly used to transport passengers for hire except a motor vehicle owned or operated by a child care facility;

(2) the motor vehicle was manufactured without safety belts; or

(3) the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.

(c) The penalty for violation of this section shall be as follows:

(1) $25.00 for a first violation;

(2) $50.00 for a second violation;

(3) $100.00 for third and subsequent violations. (Added 1983, No. 96 (Adj. Sess.), § 2; amended 1987, No. 49; 1989, No. 167 (Adj. Sess.); 1993, No. 20, § 1; 1993, No. 119 (Adj. Sess.), § 1; 2003, No. 28, § 1, eff. Jan. 1, 2004; 2005, No. 174 (Adj. Sess.), § 54; No. 175 (Adj. Sess.), § 61; 2009, No. 150 (Adj. Sess.), § 6, eff. June 1, 2010.)

§ 1259. Safety belts; persons age 18 and over

(a) The operator of a motor vehicle shall be guilty of a violation of this section if any person 18 years of age and older is occupying a seating position which has been manufactured with a federally approved safety belt system and is not restrained by the safety belt system while the motor vehicle is in motion on a public highway.

(b) A person is required to be restrained in a safety belt system unless:

(1) the person is a rural mail carrier of the United States Postal Service operating a motor vehicle in the performance of employment;

(2) the person is a driver or passenger frequently stopping and leaving the motor vehicle or delivering property from the motor vehicle, if the speed of the motor vehicle between stops does not exceed 15 miles per hour;

(3) the person is the operator of any farm tractor;

(4) the person is a member of the emergency personnel of an emergency motor vehicle and finds it necessary to be unrestrained in order to perform his or her duties;

(5) the motor vehicle the person is occupying is a bus or taxi;

(6) the person is required to be restrained under section 1258 of this title; or

(7) the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.

(c) Noncompliance with the provisions of this section shall not be admissible as evidence in any civil proceeding.

(d) Failure to wear a safety belt in violation of this section shall not constitute negligence or contributory negligence in any civil proceeding or criminal action, nor be entered as evidence to bar prosecution of a criminal offense.

(e) This section may be enforced only if a law enforcement officer has detained the operator of a motor vehicle for a suspected violation of another traffic offense. An operator shall not be subject to the penalty established in this section unless the operator is required to pay a penalty for the primary offense.

(f) The penalty for violation of this section shall be as follows:

(1) $25.00 for a first violation;

(2) $50.00 for a second violation;

(3) $100.00 for third and subsequent violations. (Added 1993, No. 18, § 1, eff. Jan. 1, 1994; amended 2001, No. 139 (Adj. Sess.), § 8; 2003, No. 28, § 2, eff. Jan. 1, 2004; 2005, No. 175 (Adj. Sess.), § 62; 2009, No. 150 (Adj. Sess.), § 7, eff. June 1, 2010.)

§ 1281. Additional equipment

In addition to other equipment required by this title, any school bus as described in section 4 of this title shall be equipped as follows:

(1) A door in the rear and a door on the right side for entrance or exit purposes.

(2) At least one fire extinguisher of a type approved by the commissioner at all times in good and usable condition and easily accessible to the driver.

(3) A standard first-aid kit of a type approved by the commissioner at all times filled with necessary articles.

(4) A hot water heater at all times capable of keeping the interior at a comfortable temperature or other type of heater approved by the commissioner of motor vehicles.

(5) Adequate ventilation facilities.

(6) At least two windows of safety glass on each side to provide interior light and so secured as to afford protection against wind and rain.

(7) Seats securely fastened to the floor or sides of the interior and providing at least 13 inches of seat space for each child to be transported.

(8) In addition to the foregoing, all motor vehicles in which the original seating equipment has been modified or added to must comply with the following:

(A) All seats must be readily accessible by use of an aisle or door without interference from any other seat or seats.

(B) Minimum of 36 inches headroom for sitting position above top of undepressed cushion line of all seats shall be provided.

(C) Minimum of 12 inches shall be provided from the top of the undepressed cushion line to the floor.

(D) Seats shall be covered with fire-resistant material.

(E) Jump seats or portable seats shall not be used.

(F) Seat beside driver, if regular equipment or installed by vehicle manufacturer, may be used for pupil seating. It shall be securely fastened to body and shall be so constructed as not to interfere with pupils entering or leaving vehicle.

(G) All seats shall be at least 12 inches overall depth.

(H) If forward-facing seats are used, they shall be so placed that distance from center to center measured at top center of backs shall be not less than 26 inches.

(I) If longitudinal seats are used, only two shall be installed against sides of vehicle and distance between front edges of seat cushions shall be at least 24 inches. (Amended 1959, No. 26, eff. Aug. 1, 1959; 1961, No. 124, eff. Aug. 1, 1961; 1965, No. 199; 1975, No. 149 (Adj. Sess.), § 4; 1977, No. 102, § 4, eff. Sept. 1, 1977.)

§ 1281a. Optional equipment

In addition to equipment required under section 1283 of this title, any school bus as described in subdivision 4(34) of this title may be equipped with a stop arm sign with flashing red lights, of a type approved by the commissioner, securely mounted below the left front window on the vehicle in an area approved by the commissioner and must be visible to the driver when extended. Such sign shall not be activated unless the vehicle has stopped on the highway for the purpose of receiving or discharging public or private schoolchildren. At no time shall the sign be extended when the vehicle is in motion. (Added 1969, No. 49, § 1; amended 1975, No. 149 (Adj. Sess.), § 5; 1977, No. 102, § 5, eff. Sept. 1, 1977.)

§ 1282. Operator, equipment and inspection

(a) Before a person may assume the duty of transporting school pupils in either a Type I or Type II school bus, he or she shall as a minimum:

(1) For Type I, have a valid state of Vermont commercial driver license with a passenger endorsement and a school bus driver's endorsement or, for Type II, have a valid state of Vermont license with a school bus driver's endorsement or have a license from another jurisdiction valid for the class or type of vehicle to be driven;

(2) Furnish the department of motor vehicles or in the case of a person licensed in another jurisdiction furnish his or her employer a certificate signed by a licensed physician, or a certified physician's assistant or a nurse practitioner in accordance with written protocols, that he or she is, as far as can be determined by reasonable inquiry and examination, mentally and physically competent to perform his or her duties. Any newly diagnosed diabetic or established diabetic must be stabilized and must be certified by his or her personal physician that he or she has not had a hypoglycemic reaction (loss of consciousness or near loss of consciousness) for the last two years or since his or her last physical, whichever is longer. Any diabetic must be recertified every six months by his or her personal physician who must state that the patient has not had a hypoglycemic reaction during that time;

(3) Have completed training in school bus operation, including evacuation and emergency procedures, as the commissioner deems necessary;

(4) Be licensed for Type I or Type II or both, Type I being an automatic qualification for a Type II operator;

(5) Furnish to his or her employer prior to the first date of employment as a school bus driver, a copy of his or her three-year operating record.

(b) A school bus shall not be operated in the transportation of children to and from school unless and until it is inspected at an inspection station designated as such by the motor vehicle department. The inspection shall thoroughly cover mechanical conditions, standard equipment, extra equipment and safety and comfort conditions all as provided in section 1281 of this title; and, if the inspected vehicle meets all of these requirements, the inspection station shall give the owner or operator of the inspected vehicle a signed certificate so stating. This certificate shall be shown as soon as possible by the owner or operator to a school director in the town in which this vehicle is to be operated, and shall thereafter be carried in some easily accessible place in the vehicle. Thereafter, so long as this bus remains in this service, it must be reinspected as provided in this section during each of the following periods: July-August, November-December, and February-March. School buse

s of the pleasure car type, if regularly used in this service, shall display signs required in subdivision 1281(9) of this title when transporting schoolchildren.

(c)(1) A school bus shall not regularly transport more passengers than seating space of 13 inches for each child will permit.

(2) Bus routing and seating plans shall be coordinated so as to eliminate standees when a school bus is in motion, and standees shall be permitted only in emergency situations.

(3) There shall be no auxiliary seating accommodations such as temporary or folding jump seats in school buses.

(d)(1) A person licensed by the department of motor vehicles to assume the duty of transporting school pupils in either a Type I or Type II school bus shall annually before the commencement of the school year furnish his or her employer, where he or she is employed as a school bus driver, the following:

(A) a certificate signed by a licensed physician, or a certified physician's assistant or a nurse practitioner in accordance with written protocols, certifying that he or she is, as far as can be determined by reasonable inquiry and examination, mentally and physically competent to perform his or her duties, and that he or she meets or exceeds the minimum hearing standards, based on voice testing, as prescribed by the commissioner; and

(B) a certificate signed by a properly registered and authorized medical doctor, ophthalmologist, optometrist, or nurse practitioner certifying that he or she meets or exceeds the minimum vision standards as prescribed by the commissioner.

(2) Upon receipt of a certificate required by this subsection which indicates that the school bus driver is not mentally or physically competent or does not meet the minimum hearing or vision standards, the employer shall immediately notify the commissioner.

(e) In the event the school bus driver is subject to 49 C.F.R. part 391, subpart E, the provisions of those regulations rather than the standards of this section shall apply.

(f) Subject to state board of education rules, which may provide for limited idling, the operator of a school bus shall not idle the engine while waiting for children to board or to exit the vehicle at a school and shall not start the engine until ready to leave the school premises. The board, in consultation with the agency of natural resources, the department of health, and the department of motor vehicles, shall adopt rules to implement this subsection. The rules shall set forth periods or circumstances that reasonably require the idling of the engine, including periods when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; and periods when the engine is undergoing maintenance or inspection. (Amended 1961, No. 137, § 2; 1971, No. 228 (Adj. Sess.), § 32; 1975, No. 149 (Adj. Sess.), §§ 6, 7; 1985, No. 119 (Adj. Sess.); 1987, No. 209 (Adj. Sess.), §§ 1, 2; 1989, No. 33, §

 1; 1989, No. 127 (Adj. Sess.), § 5, eff. March 15, 1990; No. 239 (Adj. Sess.), §§ 4, 5; 2003, No. 160 (Adj. Sess.), §  39, eff. June 9, 2004; 2007, No. 48, § 1, eff. May 25, 2007.)

§ 1283. Identification and equipment of school buses

(a) Types I and II school buses shall be:

(1) identified with the words, "School Bus," printed in letters not less than eight inches high, located between the warning signal lamps as high as possible without impairing visibility of the lettering from both front and rear;

(2) painted national school bus glossy yellow, except that the hood shall be either that color or lusterless black and the fenders shall be either that color or black. For Type II school buses, the requirements of this subsection and subdivision (a)(3) of this section shall apply to any new bus ordered on or after January 1, 2000;

(3) equipped with bumpers of glossy black, unless for increased night visibility they are covered with a reflective material;

(4) equipped with a system of signal lamps approved by the commissioner, including an eight light system on any new or used school bus ordered on and after July 1, 1976. The driver of a Type I or a Type II school bus shall keep the alternately flashing red signal lamps lighted whenever school children are being received or discharged, and they shall be used only for that purpose. A school bus driver found in violation of this subdivision shall be guilty of a traffic violation;

(5)(A) equipped with a system of mirrors, if such a system is necessary to give the seated driver a view of the roadway to each side of the bus, and of the area immediately in front of the front bumper, in accordance with the following procedure:

When a rod, 30 inches long, is placed upright on the ground at any point along a traverse line one foot forward of the forward most point of a school bus, and extending the width of the bus, at least 71/2 inches of the length of the rod shall be visible to the driver, either by direct view or by means of an indirect visibility system.

(B) In addition, equipped with an inside mirror so located as to give the driver clear vision of the interior of the bus, and an outside mirror located on each side of the bus located so as to give an unobstructed view of the road to the rear; and

(6) in compliance with the Federal Motor Vehicle Safety Standards for school buses as of the date of manufacture.

(b) Any school bus meeting the identification requirements of (a)(1)-(4) of this section that is permanently converted for use wholly for purposes other than transporting pupils to or from school, or transporting organized groups of pre-school or school age children, shall be painted a color other than national school bus glossy yellow, and shall have the stop arm, if any, and equipment required by this section removed.

(c) Type I and Type II school buses being operated on a public highway and transporting primarily passengers other than school pupils shall have the words, "School Bus," covered, removed, or otherwise concealed, and the stop arms and equipment permitted by section 1281a of this title shall not be operable through the usual controls.

(d) No motor vehicle other than a school bus shall display the identifying equipment and signs required by this section. (Added 1975, No. 149 (Adj. Sess.), § 8; amended 1977, No. 102, § 6, eff. Sept. 1, 1977; 1977, No. 180 (Adj. Sess.), eff. April 3, 1978; 1979, No. 12, eff. March 19, 1979; No. 39, § 2; 1979, No. 107 (Adj. Sess.); 1987, No. 209 (Adj. Sess.), § 3; 1997, No. 32, § 4.)

§ 1284. Vehicle maintenance

(a) School buses shall at all times be maintained in a safe operating condition.

(b) A systematic preventive maintenance program shall be established and records kept, which at all times shall be available for inspection by any enforcement officer.

(c) School bus drivers shall perform daily pre-trip inspections of their vehicles and report immediately, in writing, to their supervisors, any defects or deficiencies discovered that may affect the safety of the operation of the vehicle or result in its mechanical breakdown. (Added 1975, No. 149 (Adj. Sess.), § 9.)

§ 1285. Pupil instruction

At least twice during each school year, each pupil who is transported in a school bus shall be instructed by school authorities in safe riding practices, and participate in emergency evacuation drills. (Added 1975, No. 149 (Adj. Sess.), § 10.)

§ 1286. Penalties

Any violation of section 1283, 1284, or 1285 of this title shall be a traffic violation as defined in chapter 24 of this title. (Added 1987, No. 209 (Adj. Sess.), § 4; amended 1997, No. 32, § 5.)

§ 1287. Multifunction school activity bus

(a) A "multifunction school activity bus" is a vehicle which is used to transport students on trips other than on a fixed route between home and school, and which meets the construction and safety standards for a "multifunction school activity bus" adopted by rule by the National Highway Traffic Safety Administration.

(b) If a school owns a multifunction school activity bus or leases one other than as provided in subdivision 4(34)(A)(vi) of this title, the driver shall be required to hold a license which includes a school bus driver's endorsement. The endorsement shall be a Type I or Type II endorsement as appropriate to the size of the vehicle.

(c) A multifunction school activity bus may be a color other than national school bus yellow. (Added 2005, No. 29, § 2.)

§ 1301. Emergency exits

The owner of a motor bus, designed to carry more than seven passengers and having a closed body, shall not operate such bus or permit the same to be operated, unless it has an exit in the rear end or an exit at the rear on the opposite side from the front door thereof through which passengers may pass in case of emergency.

§ 1302. Rubber tires on trucks; number of trailers

(a) Motor trucks shall be equipped with rubber tires.

(b) Not more than one trailer shall be attached to one motor truck. However, two vehicles may be towed in driveaway-towaway operations, including double saddlemount, if the operations conform with the safety regulations of the bureau of motor carrier safety relative to coupling devices and towing methods as set forth in 49 C.F.R. parts 393.70 and 393.71 of those regulations as they may from time to time be amended. As used herein, driveaway-towaway operation means any operation in which any motor vehicle or motor vehicles, new or used, constitute the commodity being transported, when one set or more of wheels of any such motor vehicle or motor vehicles are off the roadway during the course of transportation, whether or not any such motor vehicle furnishes the motive power.

(c) Notwithstanding subsection (b) of this section, on the National System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways as designated by the Secretary, United States Department of Transportation, commercial motor vehicle combinations consisting of a truck tractor and two trailing units may be operated with the approval of the Vermont secretary of transportation. (Amended 1963, No. 62, § 1, eff. April 30, 1963; 1983, No. 74, § 1, eff. April 28, 1983; 1983, No. 102 (Adj. Sess.), § 3.)

§ 1303. Flares required

A person shall not operate a motor truck, except those registered at pleasure car rates and those registered with a gross vehicle weight rating of less than 10,001 pounds, with or without a trailer or semi-trailer attached, or a motor bus, upon a highway outside the lighted area of a town or city, unless there shall be carried in such vehicle, ready at all hours for instant use, three electric flares or three reflector type flares of a type approved by the commissioner of motor vehicles. However, if the vehicle is used in the transportation of hazardous material as defined in 5 V.S.A. § 2001(a)(1), three electric flares or three reflector type flares of a type specified in this section shall be carried. (Amended 1981, No. 156 (Adj. Sess.), § 1; 2001, No. 141 (Adj. Sess.), § 32, eff. June 21, 2002.)

§ 1304. Use

If such vehicle is disabled so that it is necessary that it remain on the roadway or shoulder of the highway, the driver or other person in charge of such vehicle shall cause operating flares to be placed upon the roadway or shoulder of the highway, one approximately 100 feet in front of such vehicle, one approximately 100 feet to the rear, and one on the traffic side of the vehicle. Such flares shall remain in place until such vehicle is removed from the roadway or shoulder. (Amended 1971, No. 228 (Adj. Sess.), § 20; 1981, No. 156 (Adj. Sess.), § 2.)

§ 1305. Mirror required

All motor trucks and motor vehicles towing a trailer or semi-trailer shall be equipped with a mirror not less than five inches in diameter or with less than 25 square inches of reflective area so attached that the driver shall at all times have a reflected view of other vehicles approaching from the rear. The mirror shall be attached in a manner that complies with the width requirements of section 1431 of this title. The extended rear-view mirror shall be retracted or removed when not towing a trailer or semi-trailer. (Amended 2001, No. 18, § 1, eff. May 8, 2001.)

§ 1306. Rear wheel flaps

No person may operate or cause to be operated any bus, truck, trailer, or semi-trailer upon any highway in this state unless the bus, truck, trailer, or semi-trailer is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt, water, or any other materials on the windshields of vehicles following or approaching. The flaps shall be of a type and size as specified by the motor vehicle department. However, this section shall not apply to farm tractors or pole trailers. (1959, No. 105, §§ 1, 2, eff. Sept. 1, 1959; amended 1971, No. 228 (Adj. Sess.), § 32.)

§ 1307. Brake equipment required

(a) Every motor vehicle, when operated upon a highway shall be equipped with brakes acting on all wheels adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes to at least two wheels. If those two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

(b) Motorcycles and mo-peds need only to be equipped with at least one brake which may be operated by hand or foot.

(c) Farm-type tractors and motorized highway building equipment required to be registered need not have brakes on the wheels of the front axle.

(d) Trucks and truck-tractors having three or more axles:

(1) manufactured before July 25, 1980 need not have brakes on the front wheels;

(2) manufactured between July 24, 1980 and October 27, 1986, if any brake components have been removed, must be retrofitted to replace any brake components so that the vehicle meets the requirements of subsection (a) of this section, within one year of May 16, 1990;

(3) manufactured with at least two steerable axles, shall have brakes on at least one steerable axle, except that any such vehicle manufactured after July 1, 1992, shall be equipped with brakes on all wheels.

(e) Trailers, semi-trailers, trailer coaches, or pole trailers of a gross weight not exceeding 3,000 pounds need not have brakes provided the total weight on, and including, the wheels of the trailer, semi-trailer, or pole trailer shall not exceed 40 percent of the gross weight of the towing vehicle when connected to the trailer, semi-trailer, or pole trailer.

(f) Every trailer, semi-trailer, or trailer coach of a gross weight of more than 3,000 pounds but less than 6,000 pounds when operated upon a highway shall be equipped with brakes on the wheels of at least one axle, adequate to control the movement of and to stop and to hold the vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab. The brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle, the brake thereon shall be automatically applied, and remain applied for not less than 15 minutes.

(g) Every trailer, semi-trailer, or trailer coach of a gross weight of 6,000 pounds, or more, when operated upon the highways of this state, shall be equipped with brakes on all wheels adequate to control the movement of and to stop and to hold the vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab. The brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle, the brakes thereon shall be automatically applied and remain applied for not less than 15 minutes.

(h) The provisions of this section shall not apply to a farm trailer with a load which exceeds 3,000 pounds, nor to a motor vehicle manufactured or assembled prior to January 1, 1931, if the vehicle has brakes on at least two wheels, nor to a trailer coach with two or three axles with a gross weight in excess of 6,000 pounds manufactured prior to January 1, 1977, provided there are brakes on the wheels on one axle of a two-axle trailer coach and brakes on the wheels of two axles of a three-axle trailer coach. (Added 1963, No. 206, § 2; amended 1975, No. 213 (Adj. Sess.), § 5, eff. April 1, 1976; 1979, No. 46, § 3, eff. April 26, 1979; 1979, No. 119 (Adj. Sess.), eff. April 9, 1980; 1989, No. 182 (Adj. Sess.), § 3, eff. May 16, 1990; 1991, No. 165 (Adj. Sess.), § 5; 2001, No. 139 (Adj. Sess.), § 9.)

§ 1308. Performance ability of brakes

(a) The service brakes upon any motor truck, truck, and tractor or combination of vehicles shall be adequate to stop such vehicle or vehicles when traveling 20 miles per hour within a distance of 30 feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent.

(b) Under the above conditions, the hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which it is operated.

(c) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted.

(d) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (Added 1963, No. 206, § 3.)

§§ 1321-1324. Repealed. 1971, No. 258 (Adj. Sess.), § 20, eff. March 1, 1973.

§ 1341. Trailer coaches-Safety chain

In addition to a hitch, trailer coaches shall be secured to the towing vehicle, while in operation on any highway, by a safety chain. The hitch on any motor vehicle towing a trailer coach and the corresponding coupling on such coach and such safety chain shall be adequate to insure the public safety.

§ 1342. Fire extinguisher

There shall be carried on each trailer coach at least one fire extinguisher of a type approved by the state fire marshal, in good usable condition and easily accessible. The extinguisher shall be of not less than five pounds capacity, if it is of a CO2 type, and not less than two and one half pounds capacity, if it is of a dry chemical type. (Amended 1969, No. 38.)

§ 1343. Repealed. 1971, No. 228 (Adj. Sess.), § 32.

§ 1344. Riding in trailer coaches

No person may occupy a trailer coach while it is being moved upon a public highway. (Added 1969, No. 31, § 2.)

§ 1361. Lights on vehicles other than motor vehicles

Every vehicle on wheels or runners, whether stationary or in motion on a public highway, shall have attached to it a light which shall be so displayed as to be clearly visible from the front and rear during the period from 30 minutes after sunset to 30 minutes before sunrise. However, this section shall not apply to a vehicle which is designed to be propelled by hand. During the same period, towed or trailing vehicles, farm machinery, or other equipment, whether stationary or in motion on a public highway, shall have attached to them a red light or reflector which shall be so displayed as to be clearly visible from the rear, under normal atmospheric conditions, or a reflectorized slow moving vehicle symbol of a standard type approved by the commissioner. Nothing contained in this section shall be construed to affect any statute, rule or regulation requiring lights on motor vehicles and the obligation of the owner or operator thereof. The driver of a vehicle shall be deemed the respo

nsible party, liable to the penalty for violation hereof. (Amended 1966, No. 38 (Sp. Sess.), § 4; 1971, No. 228 (Adj. Sess.), § 22.)

§ 1362. Night operation

Farm tractors, motorized highway building equipment and road making appliances when operated upon a public highway during the period from 30 minutes after sunset to 30 minutes before sunrise shall comply with the requirements of this title relating to head lamp and taillight requirements.

§ 1391. Tire and axle limits

(a) Except as otherwise provided in this chapter, a person or corporation shall not operate or cause to be operated a tractor, trailer, semi-trailer, motor truck, or any other motor vehicle without sufficient weight maintained upon the front axle of such vehicle to make such vehicle safe in operation; nor shall the maximum load on any axle of such vehicle exceed a gross weight of more than 600 pounds per inch of tire width computed in conformity with the manufacturer's designated width.

(b) No single axle load shall be in excess of 22,400 pounds and a 10 percent tolerance shall be allowed on each single axle load, nor shall any tandem axle load be in excess of 36,000 pounds, with a 10 percent tolerance allowed, except in the case of such vehicles owned by persons to whom special permits shall be issued in accordance with the provisions of section 1400 of this title.

(c) Unless federal law authorizes the axle load limits, tolerances, or both provided for in subsection (b) of this section to apply on those highways designated as the national system of interstate and defense highways (the "interstate highways"), no single axle load on interstate highways shall be in excess of 20,000 pounds with no tolerance allowed, nor shall any tandem axle load be in excess of 34,000 pounds, with no tolerance allowed, except in the case of vehicles owned by persons to whom special permits have been issued in accordance with section 1400 of this title. (Amended 1963, No. 206, § 4; 1964, No. 4 (Sp. Sess.), eff. Feb. 27, 1964; 1971, No. 226 (Adj. Sess.), § 6; 1977, No. 41, § 1, eff. April 19, 1977; 1983, No. 86, § 1; 1991, No. 72, § 4; 2009, No. 63 (Adj. Sess.), § 1, eff. Jan. 13, 2010, No. 63 (Adj. Sess.), § 3, see effective date note; 2011, No. 23, § 1, eff. May 11, 2011.)

§ 1391a. Penalties for overweight operation

(a) Penalties for violations of the following statutory sections shall be in accordance with the schedule established in this section:

    Statutory Citation     Name of Offense

 23 V.S.A. § 1391       Tire and axle limits

 23 V.S.A. § 1392       Gross limits on highways

 23 V.S.A. § 1399       Construction and maintenance equipment

 23 V.S.A. § 1400       Permit to operate in excess of weight and size

                        limits; state highways

 23 V.S.A § 1400a       Special local highway and bridge limits;

                        reimbursement for damages; special permits

 23 V.S.A. § 1407       Operation of overweight vehicles

 23 V.S.A. § 1408       Operating vehicle in excess of registered capacity

(b) Fine Schedule

(1) For violation of each of the above statutory sections, fines shall be imposed as follows:

$15.00 for each 1,000 lbs. or portion thereof overweight for the first 5,000 lbs. overweight;

$30.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 5,000 lbs. and less than 10,001 lbs.;

$45.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 10,000 lbs. and less than 15,001 lbs.;

$60.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 15,000 lbs. and less than 20,001 lbs.;

$90.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 20,000 lbs. and less than 25,001 lbs.; and

$150.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 25,000 lbs.

(2) Fines for subsequent violations of subchapter 15, Article 1 of this title shall be computed in accordance with subdivision (b)(1) of this section with the following percentage increases:

(A) upon a second conviction of a violation occurring within one year, five percent;

(B) upon a third conviction of a violation occurring within one year, ten percent;

(C) upon a fourth or subsequent conviction occurring within one year, 15 percent.

(3) In the calculation of gross overweight, the weight allowed by registration or permit, whichever is greater, shall be the basis. The tolerances allowed by sections 1391, 1392, 1408 and 1410 shall not be considered in the calculation of gross overweight.

(c) Notwithstanding any other provisions of law to the contrary, in a prosecution for a violation of those statutes listed in subsection (a) of this section, the proper defendant shall be either the owner or lessee of the vehicle or the person who moves or operates the vehicle.

(d) Fines imposed for violations of this section shall be deposited in the transportation fund, unless the fines are the result of enforcement actions on a town highway by an enforcement officer employed by or under contract with the municipality, in which case the fine shall be paid to the municipality, except for a $6.00 administrative charge for each case, which shall be retained by the state. (Added 1977, No. 177 (Adj. Sess.), § 1, eff. May 1, 1978; amended 1983, No. 86, § 2; 1983, No. 192 (Adj. Sess.), § 1, eff. April 27, 1984; 1989, No. 51, § 43; 1993, No. 186 (Adj. Sess.), § 1; 1995, No. 119 (Adj. Sess.), § 4, eff. April 25, 1996; 1997, No. 120 (Adj. Sess.), § 9a; 1999, No. 154 (Adj. Sess.), § 34.)

§ 1392. Gross weight limits on highways

Except as provided in section 1400 of this title, a person or corporation shall not operate or cause to be operated a motor vehicle in excess of the total weight, including vehicle, object, or contrivance and load, of:

(1) 16,000 pounds upon any bridge with a wood floor, wood subfloor or wood stringers on a class 3 or 4 town highway or 20,000 pounds on a bridge with wood floor, wood subfloor or wood stringers on a class 1 or 2 town highway unless otherwise posted by the selectboard of such town.

(2) 24,000 pounds, upon a class 2, 3, or 4 town highway or bridge with other than wood floor, in any town, incorporated village, or city.

(3) No vehicle may exceed a gross weight in excess of 80,000 pounds unless the operator or owner of the vehicle has complied with the provisions of section 1400 of this title, or except as otherwise provided in this section.

(4) Subject to the limit upon the weight imposed upon the highway through any single or tandem axle as set forth in section 1391  of this title, the total gross weight of vehicle with load imposed upon the highway by all axles of a vehicle or combination of axles of a vehicle shall not be in excess of the value in pounds given for the respective distance between the first and last axle of the vehicle or combination of axle spacing for vehicles measured longitudinally to the nearest foot as set forth in the following table:

Distance between the       Maximum load in pounds carried in any group of two

center of the first and    or more axles computed to the nearest 500 pounds

center of the last axle

of any group of two or

more axles

             2 axles       3 axles     4 axles   5 axles   6 axles   7 axles

8 or less    34,000        34,000

9            39,000        42,500

10           40,000        43,500

11                         44,000

12                         45,000      50,000

13                         45,500      50,500

14                         46,500      51,500

15                         47,000      52,000

16                         48,000      52,500

17                         48,500      53,500

18                         49,500      54,000

19                         50,000      54,500

20                         51,000      55,500              66,000

21                         51,500      56,000              66,500

22                         52,500      56,500              67,000

23                         53,000      57,500              68,000

24                         54,000      58,000              68,500    74,000

25                         54,500      58,500              69,000    74,500

26                         55,500      59,500              69,500    75,000

27                         56,000      60,000              70,000    75,500

28                         57,000