Terms Used In Vermont Statutes Title 23 Sec. 607a

  • Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Junior operator: shall include only such persons as are 16 and 17 years of age. 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
  • Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See

§ 607a. Recall of learner’s permit or junior operator‘s license

(a) A learner’s permit or junior operator‘s license shall contain an admonition that it is recallable and that the later procurement of an operator’s license is conditional on the establishment of a record that is satisfactory to the Commissioner and showing compliance with the motor vehicle laws of this and other states. The Commissioner may recall any permit or license issued to a minor whenever he or she is satisfied, from information provided by a credible person and upon investigation, that the operator is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. On recommendation of a diversion or reparative board, the Commissioner may recall the learner’s permit or junior operator’s license of a person in a diversion or reparative program for up to 30 days. The Commissioner shall also recall any learner’s permit or junior operator’s license for 30 days when an operator is adjudicated of a single texting violation under section 1099 of this title, 90 days following adjudication of a single speeding violation resulting in a three-point assessment, 90 days when a total of six points has been accumulated, or 90 days when an operator is adjudicated of a violation of subsection 614(c) or 615(a) of this title. When a learner’s permit or junior operator’s license is so recalled, it shall be reinstated upon expiration of a specific term and, if required by the Commissioner, when the person has passed a reexamination approved by the Commissioner.

(b) When a license or permit is recalled under the provisions of this section, the person whose license or permit is so recalled shall have the same right of hearing before the Commissioner as is provided in subsection 671(a) of this title.

(c) Except for a recall based solely upon the provisions of subsection (d) of this section, any recall of a license or permit may extend past the operator’s 18th birthday. While the recall is still in effect, that operator shall be ineligible for any operator’s license.

(d) The Commissioner shall recall a learner’s permit or junior operator’s license upon written request of the individual’s custodial parent or guardian.

(e) Any recall period under this section shall run concurrently with any suspension period imposed under chapter 13 of this title. (Added 1959, No. 195, §§ 1, 2; amended 1971, No. 184 (Adj. Sess.), § 8, eff. March 29, 1972; 1999, No. 140 (Adj. Sess.), § 3; 2009, No. 150 (Adj. Sess.), § 3, eff. June 1, 2010; 2013, No. 57, § 9.)