Vermont Statutes Title 23 Sec. 802
Terms Used In Vermont Statutes Title 23 Sec. 802
- Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Nonresident: shall include any person who does not come under the definition of a resident. 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
- Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. 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
§ 802. Suspension of license
(a) Proof of financial responsibility shall cover a person in the operation of any and all motor vehicles operated by him or her. If he or she fails to furnish such proof, when required under the provisions of section 801 of this title, within 20 days after notice from the Commissioner is mailed to him or her, until such proof is furnished, the Commissioner shall suspend the license of an operator or the right of an unlicensed operator or nonresident to operate any motor vehicle in this State.
(b) [Repealed.]
(c) When a resident of Vermont, or a person holding a Vermont operator’s license, as a result of a motor vehicle crash in any other state has been required to furnish such other state with evidence of future financial responsibility and because of failure to do so has had his or her operating privilege suspended or revoked therefor, upon being notified by the proper official of such other jurisdiction of such suspension or revocation, the Commissioner of Motor Vehicles shall suspend the Vermont operator’s license or right of such person to operate motor vehicles, and such suspension shall remain in effect until the person suspended shall furnish the Commissioner with satisfactory evidence that he or she has complied with the requirement to furnish such other state with evidence of future financial responsibility.
(d)-(h) [Repealed.]
(i) No proof of financial responsibility shall be required, under subdivision 801(a)(3) of this title, and no license shall be suspended under that subdivision, unless the operator whose license or right to operate motor vehicles is subject to suspension has been afforded the opportunity of a hearing to determine whether the operator was, at the time of the crash, injury, or damage in question, insured against public liability and property damage in the amounts required under section 801 of this title with respect to proof of financial responsibility. If the operator requests a hearing, and appears at the time and place provided, the Commissioner or his or her appointed representative shall conduct a hearing, make findings, and render a decision. The hearing examiner may consider such evidence as is offered and may consider also the operator and investigating officer report or reports filed in connection with the crash, injury, or damages as well as the assumption permitted under subsection 801(e) of this title. If the decision of the hearing examiner finds the operator to be uninsured at the time of the crash, injury, or damages, then the person shall be required to provide proof of financial responsibility under this subchapter and, if he or she fails to do so, his or her license or right to operate a motor vehicle shall be suspended. A person found to be uninsured may have the finding reviewed in the Superior Court. The hearings provided for shall be conducted in Montpelier. Hearings shall be conducted with a minimum of procedural requirements, so as to provide persons an opportunity to be heard without delay and at reasonable expense to them and to the State. (Amended 1965, No. 4, § 2; 1971, No. 151 (Adj. Sess.), §§ 3, 4, eff. March 2, 1972; 1977, No. 175 (Adj. Sess.); 1977, No. 220 (Adj. Sess.), §§ 3, 4; 1979, No. 194 (Adj. Sess.), § 3, eff. May 6, 1980; 1983, No. 61, § 2; 1995, No. 67 (Adj. Sess.), § 2; 1997, No. 161 (Adj. Sess.), § 18, eff. Jan. 1, 1998.)