Terms Used In Vermont Statutes Title 23 Sec. 1218

  • Alcohol: includes alcohol, malt beverages, spirits, fortified wines, and vinous beverages, as defined in 7 V. See
  • Alcohol concentration: means

  • Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. See
  • Drug: means :

  • 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
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. 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
  • Vehicle: means a motor vehicle as defined in section 4 of this title and, when on a public highway:

§ 1218. Commercial motor vehicles; 0.04

(a) A person shall not operate, attempt to operate, or be in actual physical control of a commercial motor vehicle:

(1) when the person’s alcohol concentration is 0.04 or more; or

(2) when the person is under the influence of alcohol; or

(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely.

(b) A violation of this section shall result in disqualification from driving a commercial motor vehicle as provided in section 4116 of this title or in suspension of the privilege to operate a commercial motor vehicle as provided in section 4116a of this title. Those provisions of section 1205 of this title that establish a procedure for civil suspensions shall apply to this section, except that where that section refers to alcohol concentration it shall be deemed to refer to an alcohol concentration of 0.04. (Added 1991, No. 88, § 13, eff. April 1, 1992; amended 1999, No. 160 (Adj. Sess.), § 25; 2017, No. 83, § 161(4).)