Title 23, Motor Vehicles

§ 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…

§ 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 …

§ 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 civil penalty associated with the ticket provided that within 72 hours after receiving the ticket the issuing department receives pro…

§ 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 interva…

§ 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…

§ 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 caus…

§ 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 wi…

§ 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…

§ 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 i…

§ 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 Sec…

§ 1230. Charge For each inspection certificate issued by the Department of Motor Vehicles, the Commissioner shall be paid $8.00, provided that State and municipal inspection stations that inspect only State or municipally owned and registered vehicles shall not be required to pay…

§ 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 ve…

§ 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…

§ 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 s…

§ 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, …

§ 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 An individual shall not operate a motor vehicle on the highway during the period stated in section 1243 of this subchapter if the motor vehicle utilizes any lighting device of over four candle power equipped with a reflector, unless the device, the lens used …

§ 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 t…

§ 1248. Taillights (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle that 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 …

§ 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 …

§ 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 displa…

§ 1251. Sirens and emergency warning lamps; out-of-state emergency and rescue vehicles (a) Prohibition. A motor vehicle shall not be operated upon a highway of this State equipped with any of the following: (1) a siren unless either a permit authorizing the siren, issued by the C…

§ 1252. Law enforcement and emergency services vehicles; issuance of permits for sirens or emergency warning lamps, or both; use of amber lamps (a) Law enforcement vehicles. (1) Law enforcement vehicles owned and operated by the government. The following are authorized for use, w…

§ 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…

§ 1254. Emergency warning lamp; definition As used in sections 1251–1255 of this subchapter, “emergency warning lamp”: (1) means a lamp or lamps that provide a flashing light to identify an authorized vehicle on an emergency mission that may be a rotating beacon or pairs of alter…

§ 1255. Exceptions (a) The provisions of section 1251 of this title shall not apply to directional signal lamps of a type approved by the Commissioner. (b) All persons with motor vehicles equipped as provided in subsections 1252(a) and (b) of this subchapter shall use the sirens …

§ 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. § 571.218, as may be amended. The requi…

§ 1257. Eye 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…

§ 1258. Child restraint systems; individuals under 18 years of age (a) No individual shall operate a motor vehicle, other than a type I school bus, in this State upon a public highway unless every occupant under 18 years of age is properly restrained in a federally approved child…

§ 1259. Safety belts; persons 18 years of age or older (a) The operator of a motor vehicle shall be guilty of a violation of this section if any person 18 years of age or older is occupying a seating position that has been manufactured with a federally approved safety belt system…

§ 1260. Motorcycle exhaust; excessive noise; prohibitions (a) A motorcycle operated on a highway shall be equipped with an exhaust system that includes a muffler or other mechanical device designed to reduce the noise emitted by the motorcycle. (b) A motorcycle shall be in violat…

§ 1281. Additional equipment In addition to other equipment required by this title, any school bus as defined 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 extingui…

§ 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 b…

§ 1282. Operator, equipment, and inspection (a) Before an individual may assume the duty of transporting school pupils in either a Type I or Type II school bus, the individual shall as a minimum: (1) For Type I, have a valid State of Vermont commercial driver’s license with a pas…