Terms Used In Vermont Statutes Title 23 Sec. 4116a

  • Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property that:

  • Disqualification: means :

  • 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
  • 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
  • Privilege to operate: includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license. 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

§ 4116a. Suspension of operating privilege

(a) An individual’s privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for one year if:

(1) the individual is convicted of a first violation of operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more, or under the influence, as defined in section 1218 of this title; and

(2) the individual’s commercial driver‘s license or commercial learner’s permit is issued by a state or country that does not have a reciprocity agreement with the State of Vermont for the disqualification of commercial driver’s licenses or permits under section 4115 of this title.

(b) An individual’s privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for three years if the individual is convicted of violating subsection (a) of this section, and the violation occurred while the individual was transporting a hazardous material required to be placarded.

(c) An individual’s privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for life if the individual is convicted a second time of violating subsection (a) of this section, and both convictions arise out of separate occurrences.

(d) An individual’s privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for 60 days if the individual is convicted of two serious traffic violations, or for 120 days if the individual is convicted of three serious traffic violations, arising from separate incidents occurring within a three-year period.

(e) An individual’s privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for life if the individual uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the individual was convicted. (Added 1999, No. 160 (Adj. Sess.), § 26; amended 2013, No. 20, § 1; 2019, No. 131 (Adj. Sess.), § 254; 2021, No. 76, § 30.)