Terms Used In Vermont Statutes Title 23 Sec. 4109

  • Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
  • Driver: means any individual who drives, operates, or is in physical control of a commercial motor vehicle on a public highway or who is required to hold a commercial driver's license. See
  • Foreign jurisdiction: means any jurisdiction other than a state of the United States. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
  • State: means a state, territory, or possession of the United States, the District of Columbia, the Republic of Mexico, and any Canadian province. See
  • United States: means the 50 states and the District of Columbia. See

§ 4109. Nondomiciled commercial driver‘s license; nondomiciled commercial learner’s permit

(a) The Commissioner may issue a nondomiciled commercial driver’s license or a nondomiciled commercial learner’s permit to an individual domiciled in a foreign jurisdiction if the Federal Motor Carrier Safety Administrator has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. In addition, the Commissioner may issue a nondomiciled commercial driver’s license or a nondomiciled commercial learner’s permit to an individual domiciled in a state while that state is prohibited from issuing commercial driver’s licenses in accordance with 49 C.F.R. § 384.405. The word “nondomiciled” must appear on the face of the nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit. An applicant shall surrender any nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit issued by another state. Prior to issuing a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit, the Commissioner shall establish the practical capability of revoking or suspending the nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit.

(b) An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant’s most recent admittance into the United States. No proof of domicile is required.

(c) An applicant for a nondomiciled commercial driver’s license or commercial learner’s permit is not required to surrender his or her foreign license. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2005, No. 166 (Adj. Sess.), § 2; 2013, No. 20, § 1; 2019, No. 131 (Adj. Sess.), § 254.)