Terms Used In Vermont Statutes Title 23 Sec. 615

  • 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.
  • 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
  • Motorcycle: means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and 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
  • Suspension of license: means the withdrawal by formal action of the Commissioner, for a specific period of time and until reinstatement by the Commissioner, of a person's license or privilege to operate a motor vehicle on the public highways. See

§ 615. Unlicensed operators

(a)(1)(A) An unlicensed person 15 years of age or older may operate a motor vehicle if he or she possesses a valid learner’s permit issued to him or her by the Commissioner, or by another jurisdiction in accordance with section 208 of this title, and if one of the following persons who is not under the influence of alcohol or drugs rides beside him or her:

(i) his or her licensed parent or guardian;

(ii) a licensed or certified driver education instructor;

(iii) a licensed examiner of the Department; or

(iv) a licensed person at least 25 years of age.

(B) A person described under subdivisions (A)(i)-(iv) of this subdivision (1) who, while under the influence of alcohol or drugs, rides beside an individual whom the person knows to be unlicensed shall be subject to the same penalties as for a violation of subsection 1130(b) of this title. A holder of a learner’s permit shall not be deemed to have violated this section if a person described under subdivisions (A)(i)-(iv) of this subdivision (1) rides beside him or her while the person is under the influence of alcohol or drugs.

(C) Nothing in this section shall be construed to permit a person against whom a revocation or suspension of license is in force, or a person younger than 15 years of age, or a person who has been refused a license by the Commissioner to operate a motor vehicle.

(2) A licensed person who does not possess a valid motorcycle endorsement may operate a motorcycle, with no passengers, only during daylight hours and then only if he or she has upon his or her person a valid motorcycle learner’s permit issued to him or her by the Commissioner.

(b) A person convicted of operating a motor vehicle in violation of this section shall be subject to a penalty of not more than $50.00, and his or her learner’s permit shall be recalled for a period of 90 days. No person may be issued traffic complaints alleging a violation of this section and a violation of section 676 of this title from the same incident. The provisions of this section may be enforced only if a law enforcement officer has detained the operator for another suspected traffic violation. (Amended 1961, No. 133; 1963, No. 139, eff. Aug. 1, 1963; 1983, No. 42, § 1; 1999, No. 140 (Adj. Sess.), § 5; 2013, No. 57, § 11; 2013, No. 189 (Adj. Sess.), § 6; 2015, No. 47, § 41; 2015, No. 158 (Adj. Sess.), § 64; 2017, No. 71, § 11.)