Vermont Statutes Title 23 Sec. 4119
Terms Used In Vermont Statutes Title 23 Sec. 4119
- 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
- Hazardous materials: means any material that has been designated as hazardous under 49 U. 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
- Out-of-service order: means a declaration by the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a federal, state, Commonwealth of Puerto Rico, Canadian, Mexican, or local jurisdiction, that a driver, or a commercial motor vehicle, or a school bus, or a motor carrier operation, is out of service. See
§ 4119. Compliance with out-of-service order; disqualification from operation of vehicle
(a) No individual shall operate a commercial motor vehicle in violation of an out-of-service order.
(b) Any individual convicted of violating an out-of-service order shall be disqualified as follows except as provided in subsection (c) of this section:
(1) An individual shall be disqualified from driving a commercial motor vehicle for a period of 180 days if convicted of a first violation of an out-of-service order.
(2) An individual shall be disqualified for a period of two years if convicted of a second violation of an out-of-service order during any 10-year period, arising from separate incidents.
(3) An individual shall be disqualified for a period of three years if convicted of a third or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.
(c) Any individual convicted of violating an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport 16 or more passengers, including the driver, shall be disqualified as follows:
(1) An individual shall be disqualified for a period of 180 days if convicted of a first violation of an out-of-service order.
(2) An individual shall be disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents. (Added 1995, No. 84 (Adj. Sess.), § 3, eff. Oct. 1, 1996; amended 2003, No. 26, § 6; 2009, No. 152 (Adj. Sess.), § 7; 2019, No. 131 (Adj. Sess.), § 254.)