Title 23, Motor Vehicles

§ 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 tow…

§ 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…

§ 1128. Crashes; duty to stop (a) The operator of a motor vehicle who has caused or is involved in a crash 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 rend…

§ 1129. Crashes; reports (a) The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The wri…

§ 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…

§ 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.…

§ 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…

§ 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 sir…

§ 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis (a) A person shall not consume an alcoholic beverage or cannabis while operating a motor vehicle on a public highway. As used in this subsection, the prohibition on consumption of cannabis by the ope…

§ 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis (a) Except as provided in subsection (c) of this section, a passenger in a motor vehicle shall not consume an alcoholic beverage or cannabis in the passenger area of any motor vehicle on a public h…

§ 1134b. Using tobacco or cannabis in a motor vehicle with child present (a) A person shall not possess a lighted tobacco product or use a tobacco substitute as defined in 7 V.S.A. § 1001 in a motor vehicle that is occupied by a child required to be properly restrained in a feder…

§ 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…

§ 1136. Application of subchapter; rights and obligations of bicyclists under other laws (a) The parent of any child and the guardian of any ward may not authorize or knowingly permit any such child or ward to violate any of the provisions of this subchapter. (b) This subchapter …

§ 1136a. Electric bicycles (a) Except as provided in this subsection, electric bicycles shall be governed as bicycles under Vermont law, and operators of electric bicycles shall be subject to all of the rights and duties applicable to bicyclists under Vermont law. (b) Electric bi…

§ 1137. Riding on bicycles (a) No individual propelling a bicycle may ride other than on or astride a permanent and regular seat attached to the bicycle. (b) No individual may use a bicycle to carry more individuals at any one time than the number for which it is designed and equ…

§ 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) Due care and riding on the right. An individual operating a bicycle upon a roadway shall exercise due care when passing a standing vehicle or one proceeding in the same direction. Bicyclists generally shall ride as near to the righ…

§ 1139a. Bicycle-control signals (a) Bicycles shall obey bicycle-control signals. An individual operating a bicycle shall obey the instructions of a bicycle-control signal, if present, instead of any traffic-control signal for motor vehicles. (b) Bicycle-control signal legend. (1…

§ 1140. Carrying articles No person operating a bicycle may carry any package, bundle, or article that prevents the driver from keeping at least one hand upon the handlebars. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.)

§ 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 that emits a white light visible from a distance of at l…

§ 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; (2) with a system that will enable the operator to b…

§ 1142. Penalties A person who violates any provision of sections 1136 through 1141 and subsection 1141a(a) of this title shall be assessed a civil penalty of not more than $25.00 for each offense, except that a person who violates subsection 1139(b) of this title shall be assess…

§ 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.)

§ 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. § 420…

§ 1201. Operating vehicle under the influence of alcohol 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 …

§ 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 whe…

§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other drug (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…

§ 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 Council to operate the breath testing equipment being employed. In any proceeding under this subchapter…

§ 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 sec…

§ 1203b. Duty to report blood test results (a) Notwithstanding any law or court rule to the contrary, if a health care provider who is providing health services to a person in the emergency room of a health care facility as a result of a motor vehicle crash becomes aware as a res…

§ 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 conc…

§ 1205. Civil suspension; summary procedure (a) Refusal; alcohol concentration at or 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…

§ 1206. Suspension of license for driving while under influence; first conviction (a) First conviction—generally. Except as otherwise provided, upon conviction of an individual for violating a provision of section 1201 of this subchapter, or upon final determination of an appeal,…

§ 1208. Suspensions for subsequent convictions (a) Second conviction. Upon a second conviction of an individual violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall immediately forward the conviction report to the Commissi…

§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs (a) Conditions of reinstatement. No license or privilege to operate suspended or revoked under this subchapter shall be reinstated except as follows: (1) In the case of a first suspen…

§ 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, …

§ 1211. Construction of cross references For the purposes of computing offenses under this chapter, references to section 1201 of this title shall be construed to include sections of present or prior law of this or any other jurisdiction that prohibited operating, attempting to o…

§ 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.…

§ 1213. Ignition interlock restricted driver’s license or certificate; penalties (a)(1) An individual whose license or privilege to operate is suspended or revoked under this subchapter may operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 …

§ 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 …

§ 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…

§ 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 vehi…

§ 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…

§ 1218. Commercial motor vehicles; 0.04 (a) A person shall not operate, attempt to operate, or be in actual physical control of a commercial motor vehicle: (1) when the person’s alcohol concentration is 0.04 or more; or (2) when the person is under the influence of alcohol; or (3…

§ 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 o…

§ 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 Enf…