The Vermont Statutes Online

Title 23: Motor Vehicles

Chapter 39: COMMERCIAL DRIVER LICENSE ACT

§ 4101. Short title

This chapter may be cited as the Commercial Driver License Act. (Added 1989, No. 239 (Adj. Sess.), § 1.)

§ 4102. Statement of intent and purpose

The purpose of this chapter is to implement 49 U.S.C. ch. 313, as may be amended, and the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. No. 99-570, as amended, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license, disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations, and strengthening licensing and testing standards. This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general operator licensing provisions, this chapter prevails. Where this chapter is silent, the general operator licensing provisions apply. (Added 1989, No. 239 (Adj. Sess.), § 1, amended 1991, No. 88, § 3, eff. April 1, 1992; 2013, No. 20, § 1.)

§ 4103. Definitions

As used in this chapter:

(1) "Commercial driver license" means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a class of commercial motor vehicle.

(2) "Commercial Driver License Information System" means the information system established pursuant to federal law to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(3) "Commercial learner's permit" means a permit issued pursuant to sections 4108 and 4110 of this title.

(4) "Commercial motor vehicle" means: a motor vehicle designed or used to transport passengers or property:

(A) a motor vehicle designed or used to transport passengers or property:

(i) if the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;

(ii) if the vehicle is designed to transport more than 15 passengers, including the driver;

(iii) if the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.

(B) the term shall not include:

(i) authorized emergency vehicles as defined in section 4 of this title;

(ii) motor homes as defined in 32 V.S.A. § 8902(11) and trailer coaches as defined in subdivision 4(41) of this title; however, this exemption shall only apply to vehicles used strictly for recreational, noncommercial purposes;

(iii) equipment owned or operated by the United States Department of Defense, including the National Guard, and operated by noncivilian personnel or by National Guard military technicians (civilians who are required to wear military uniforms) and active duty U.S. Coast Guard personnel;

(iv) farm vehicles, which are vehicles:

(I) controlled and operated by a farmer;

(II) used to transport either agricultural products, farm machinery, farm supplies or both to or from a farm;

(III) not used in the operations of a common or contract motor carrier; and

(IV) used within 150 miles of the farm.

(v) Repealed.]

(5) "Disqualification" means:

(A) The suspension, revocation, cancellation, or withdrawal by a state of a person's privilege to operate a commercial motor vehicle;

(B) a determination by the Federal Motor Carrier Safety Administration, under the rules of practice for motor carrier safety contained in 49 C.F.R. part 386, that a person is no longer qualified to operate commercial motor vehicles under 49 C.F.R. part 391; or

(C) the loss of qualification which automatically follows a testing refusal or conviction of an offense listed in 49 C.F.R. part 383.51.

(6) "Driver" means any person 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 license.

(7) "Employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.

(8) "Foreign jurisdiction" means any jurisdiction other than a state of the United States.

(9) "Gross vehicle weight rating" means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units.

(10) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.

(11) "Nonresident CDL" means a commercial driver license issued by a state to an individual who resides in a foreign jurisdiction.

(12) Deleted.]

(13) "State" means a state, territory or possession of the United States, the District of Columbia, the Republic of Mexico, and any Canadian province.

(14) "United States" means the 50 states and the District of Columbia.

(15) "Conviction" means an unvacated adjudication of guilt, or a determination by a judge or hearing officer that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. Conviction shall also mean a plea of guilty or nolo contendere which has been accepted by the court.

(16) "Serious traffic violation" means a conviction, when operating a commercial motor vehicle, or when operating a noncommercial motor vehicle when the conviction results in the revocation, cancellation, or suspension of the operator's license or operating privilege, of:

(A) excessive speeding, involving a single charge of any speed 15 miles per hour or more, above the posted speed limit.

(B) negligent or reckless driving, as defined in section 1091 of this title.

(C) improper traffic lane changes, as defined in section 1033, 1034, 1035, 1036, or 1038 of this title.

(D) following the vehicle ahead too closely, as defined in section 1039 of this title.

(E) a violation of any State law or local ordinance relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person.

(F) operating a commercial motor vehicle without obtaining a commercial driver license.

(G) operating a commercial motor vehicle without a commercial driver license in the driver's possession. However, no person may be found to have committed this violation if he or she provides proof to the enforcement officer who issued the traffic complaint that the individual held a commercial driver license valid on the date the complaint was issued.

(H) operating a commercial motor vehicle without the proper class of commercial driver license or endorsements, or both.

(I) texting while driving in violation of section 4125 of this chapter or section 1099 of this title.

(17) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not a tank vehicle.

(18) "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.

(19) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.

(20) "Medical examiner" means:

(A) For medical examinations conducted before May 21, 2014, or before such later date as the Federal Motor Carrier Safety Administration (FMCSA) may prescribe, a person who is licensed, certified, or registered in accordance with applicable state laws and rules to perform physical examinations. A "medical examiner" may include a doctor of medicine, osteopathic physician, physician assistant, advanced practice registered nurse, or chiropractic physician.

(B) For medical examinations conducted on and after May 21, 2014, or on or after such later date as the FMCSA may prescribe, an individual certified by the FMCSA and listed on the National Registry of Certified Medical Examiners.

(21) A person's state of domicile is that state where a person has his or her true, fixed, and permanent home and physical residence and to which he or she has the intention of returning whenever he or she is absent.

(22) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined under 47 C.F.R. § 20.3. "Mobile telephone" does not include two-way or Citizens Band Radio services.

(23) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. "Texting" includes short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. "Texting" does not include:

(A) inputting, selecting, or reading information on a global positioning system or navigation system;

(B) pressing a single button to initiate or terminate a voice communication using a mobile telephone; or

(C) using a device capable of performing multiple functions, including fleet management systems, dispatching devices, smart phones, citizens band radios, and music players for a purpose that is not otherwise prohibited in this chapter.

(24) "Use a hand-held mobile telephone" means:

(A) using at least one hand to hold a mobile telephone to conduct a voice communication;

(B) dialing or answering a mobile telephone by pressing more than a single button; or

(C) reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position and restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer's instructions. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1991, No. 88, § 4; 1991, No. 88, §§ 5, 7, eff. June 26, 1991; 1991, No. 88, §§ 6, 8, eff. April 1, 1992; 1995, No. 84 (Adj. Sess.), §§ 1, 2, eff. Oct. 1, 1996; 1997, No. 32, § 6; 2005, No. 37, §§ 2, 3; 2005, No. 166 (Adj. Sess.), § 1; 2009, No. 152 (Adj. Sess.), § 1; 2013, No. 20, § 1.)

§ 4104. Limitation on number of driver licenses

No person who drives a commercial motor vehicle shall have more than one driver license. (Added 1989, No. 239 (Adj. Sess.), § 1.)

§ 4105. Notification required by driver

(a) The driver of a commercial motor vehicle shall notify the state and employers of convictions as follows:

(1) The state. Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the commissioner in the manner specified by the commissioner within 30 days of the date of conviction.

(2) Employers. Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the date of conviction.

(b) Notification of suspensions, revocations and cancellations. A driver whose driver license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.

(c) Notification of previous employment. Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:

(1) a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) the dates between which the applicant drove for each employer; and

(3) the reason for leaving that employer.

The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. (Added 1989, No. 239 (Adj. Sess.), § 1.)

§ 4106. Employer responsibilities

(a) Each employer shall require the applicant to provide the information specified in subsection 4105(c) of this title.

(b) No employer may knowingly allow, permit or authorize a driver to drive a commercial motor vehicle during any period:

(1) in which the driver has a driver license suspended, revoked, or cancelled by a state or has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or

(2) in which the driver has more than one driver license. (Added 1989, No. 239 (Adj. Sess.), § 1.)

§ 4107. Commercial driver license required

(a) Except when driving under a commercial learner's permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State unless:

(1) the person holds a commercial driver license; and

(2) the person is in immediate possession of the license; and

(3) the license has the applicable endorsements valid for the vehicle he or she is driving.

(b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out-of-service order.

(c)(1) Notwithstanding the provisions of this section, employees of farm-related service industries shall be exempt from the knowledge and skills tests required under this chapter, and shall be issued restricted commercial drivers licenses as long as the applicants meet the requirements of 49 C.F.R. part 383, as amended from time to time, and upon payment of the appropriate fee.

(2) "Farm-related service industries" shall include farm retail outlets and suppliers, agri-chemical businesses, custom harvesters, and livestock feeders. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1993, No. 9, § 2, eff. April 23, 1993; 2005, No. 37, § 4; 2013, No. 20, § 1.)

§ 4108. Commercial driver license, commercial learner's permit qualification standards

(a) Before issuing a commercial driver license or commercial learner's permit, the Commissioner shall request the applicant's complete operating record from any state in which the applicant was previously licensed to operate any type of motor vehicle in the past 10 years and conduct a check of the applicant's operating record by querying the National Driver Register established under 49 U.S.C. § 30302 and the Commercial Driver's License Information System established under 49 U.S.C. § 31309 to determine if:

(1) the applicant has already been issued a commercial driver license;

(2) the applicant's commercial driver license has been suspended, revoked, or canceled; or

(3) the applicant has been convicted of any offense listed in 49 U.S.C. § 30304(a)(3).

(b) The Commissioner shall not issue a commercial driver license or commercial learner's permit to any person:

(1)(A) under the age of 21 years in the case of commercial driver licenses, except that persons 18 years of age or older may obtain a commercial driver license that restricts the driver to operation solely within this State; or

(B) under the age of 18 years in the case of commercial learner's permits;

(2) who, within three years of the license application and for initial applicants only, has been convicted of an offense listed in subsection 4116(a) of this title or a comparable offense in any jurisdiction, or convicted of an offense listed in 49 U.S.C. § 30304(a)(3) in any jurisdiction;

(3) unless Vermont is the State of domicile of the person and the person has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts F, G, and H and has satisfied all other requirements of 49 U.S.C. ch. 313, as may be amended, and the Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, as amended, in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Commissioner.

(c) The Commissioner may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section, provided:

(1) the test is the same as would otherwise be administered by the State; and

(2) the third party has entered into an agreement with this State which complies with requirements of 49 C.F.R. § 383.75.

(d) At the discretion of the Commissioner, the skills test required under 49 C.F.R. § 383.113 may be waived for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed at the time of his or her application for a commercial driver license, if the test is substituted with an applicant's driving record in combination with the driving experience specified in this subsection. The Commissioner shall impose conditions and limitations to restrict the applicants from whom alternative requirements for the skills test may be accepted. Such conditions shall include the following:

(1) the applicant must certify that, during the two-year period immediately prior to applying for a commercial driver license, he or she:

(A) has not had more than one license in addition to a military license;

(B) has not had any license suspended, revoked, or cancelled;

(C) has not had any convictions for any type of motor vehicle for the disqualifying offenses specified in subsection 4116(a) of this title;

(D) has not had more than one conviction for any type of motor vehicle for serious traffic violations specified in subdivision 4103(16) of this title; and

(E) has not had any conviction for a violation, other than a parking violation, of military, state, or local law relating to motor vehicle traffic control arising in connection with any traffic accident, and has no record of an accident in which he or she was at fault; and

(2) the applicant must provide evidence and certify that he or she:

(A) is regularly employed or was regularly employed within the last 90 days in a military position requiring operation of a commercial motor vehicle;

(B) was exempted from the commercial driver license requirements in 49 C.F.R. § 383.3(c); and

(C) was operating for at least the two years immediately preceding discharge from the military a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.

(e) Obtaining a commercial learner's permit is a precondition to the initial issuance of a commercial driver license. The issuance of a commercial learner's permit also is a precondition to the upgrade of a commercial driver license if the upgrade requires a skills test. A permit may be issued to an individual who holds a valid Vermont driver's license who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made. A commercial learner's permit holder is not eligible to take the commercial driver license skills test in the first 14 days after initial issuance of the commercial learner's permit. A permit shall be issued for a period of six months, and only one renewal or reissuance of a commercial learner's permit may be granted within a two-year period.

(f) The fee for a knowledge test and accompanying skill test shall be $35.00 for the first test and $30.00 for each subsequent test. The fee for an endorsement test shall be $13.00. In the event that an applicant fails a test three times, he or she may not take the test again for at least six months. A fee of $20.00 shall be paid by the applicant before he or she may schedule a skill test. If an applicant does not appear for the scheduled skill test, the $20.00 scheduling fee is forfeited and another $20.00 scheduling fee must be paid before another skill test will be scheduled, unless the applicant has given the Department at least 48 hours' notice of cancellation of the test. If the applicant passes the skill test, the $20.00 scheduling fee for that test will be used as part of the license fee. If the applicant appears for the scheduled skill test and fails the skill test, a subsequent skill test will be scheduled without an additional $20.00 fee. Use of an interpreter is prohibited during the administration of the knowledge or skills tests.

(g) A commercial driver license or commercial learner's permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver license is suspended, revoked, or cancelled in any state. A driver license may not be issued to a person who has a commercial driver license issued by any state unless the person first surrenders all driver licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.

(h) A person shall be entitled to take the test for a commercial driver license unless his or her driver's license is, at the time of the requested test, suspended, revoked, cancelled, or disqualified in any other state. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1991, No. 88, § 9; 1995, No. 47, § 15, eff. April 20, 1995; 1999, No. 110 (Adj. Sess.), § 8; 2003, No. 154 (Adj. Sess.), § 13, eff. June 8, 2004; 2009, No. 108 (Adj. Sess.), § 5, eff. July 1, 2011; 2011, No. 128 (Adj. Sess.), § 23; 2013, No. 20, § 1.)

§ 4109. Nondomiciled commercial driver license; nondomiciled commercial learner's permit

(a) The Commissioner may issue a nondomiciled commercial driver license or a nondomiciled commercial learner's permit to an individual domiciled in a foreign jurisdiction if the Federal Motor Carrier Safety Administrator has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. In addition, the Commissioner may issue a nondomiciled commercial driver license or a nondomiciled commercial learner's permit to a person domiciled in a state while that state is prohibited from issuing commercial driver licenses in accordance with 49 C.F.R. § 384.405. The word "nondomiciled" must appear on the face of the nondomiciled commercial driver license or nondomiciled commercial learner's permit. An applicant shall surrender any nondomiciled commercial driver license or nondomiciled commercial learner's permit issued by another state. Prior to issuing a nondomiciled commercial driver license or nondomiciled commercial learner's permit, the Commissioner shall establish the practical capability of revoking or suspending the nondomiciled commercial driver license or nondomiciled commercial learner's permit.

(b) An applicant domiciled in a foreign jurisdiction must provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States. No proof of domicile is required.

(c) An applicant for a nondomiciled commercial driver license or commercial learner's permit is not required to surrender his or her foreign license. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2005, No. 166 (Adj. Sess.), § 2; 2013, No. 20, § 1.)

§ 4110. Application for commercial driver license or commercial learner's permit

(a) The application for a commercial driver license or commercial learner's permit shall include the following:

(1) The full name and current mailing and residential address of the person.

(2) A physical description of the person, including sex, height, and weight.

(3) Date of birth and proof of age.

(4) The applicant's Social Security number; unless the application is for a nondomiciled commercial driver license or a nondomiciled commercial learner's permit. The Commissioner must verify the name, date of birth, and Social Security number provided by the applicant with the information on file with the Social Security Administration. A commercial learner's permit or commercial driver license may not be issued, renewed, or upgraded if data in the Social Security Administration database does not match the data provided by the applicant.

(5) The person's signature, as well as a space for the applicant to request that a "veteran" designation be placed on a commercial driver license. An applicant who requests a veteran designation shall provide a Department of Defense Form 214, or other proof of veteran status specified by the Commissioner.

(6) Certifications that:

(A) One of the following categories applies to the applicant:

(i) Non-excepted interstate. He or she operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements of 49 C.F.R. part 391, and is required to obtain a medical examiner's certificate under 49 C.F.R. § 391.45.

(ii) Excepted interstate. He or she operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. § 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. part 391 and therefore is not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45.

(iii) Non-excepted intrastate. He or she operates only in intrastate commerce and therefore is subject to state driver qualification requirements.

(iv) Excepted intrastate. He or she operates only in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the state's driver qualification requirements.

(B) The motor vehicle in which the applicant's skills test will be taken is representative of the type of motor vehicle that the applicant operates or expects to operate.

(C) The applicant is not subject to any disqualification under 49 C.F.R. § 383.51, or any license suspension, revocation, or cancellation under the law of any jurisdiction.

(D) The applicant does not have a driver's license from more than one state or jurisdiction.

(E) For initial applicants only, the applicant has not been convicted of an offense listed in subsection 4116(a) of this title or a comparable offense in any jurisdiction, or an offense listed in 49 U.S.C. § 30304(a)(3) in any jurisdiction within three years of the license application.

(7) Any other information required by the Commissioner, including the names of all states where the applicant has been licensed to operate any type of motor vehicle during the previous 10 years.

(8) The proper fee.

(A) The four-year fee for a commercial driver license shall be $75.00. The two-year fee shall be $50.00. In those instances where the applicant surrenders a valid Vermont Class D license, the total fees due shall be reduced by:

(i) one-quarter of the four-year fee established by section 601 of this title for each remaining full year of validity; or

(ii) one-half of the two-year fee paid for each remaining full year of validity.

(B) The fee for a commercial learner's permit is $12.00.

(9) Proof of citizenship or lawful permanent residency as specified in Table 1 of 49 C.F.R. § 383.71.

(10) Proof of compliance with the Transportation Security Administration requirements codified in 49 C.F.R. part 1572 if the person is applying for a hazardous materials endorsement. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his or her U.S. Citizenship and Immigration Services alien registration number.

(11) For an applicant who certifies that he or she will operate commercial motor vehicles in non-excepted interstate commerce, an original or a copy of a certificate prepared by a medical examiner. Certification status or "certified" will be posted in the Commercial Driver's License Information System driver record for the driver.

(b) When a licensee or permittee changes his or her name, mailing address, or residence or in the case of the loss, mutilation, or destruction of a license or permit, the licensee or permittee shall forthwith notify the Commissioner and apply in person for a duplicate license or permit in the same manner as set forth in subsection (a) of this section. The fee for a duplicate license or permit shall be $13.00.

(c) A person for whom Vermont has been his or her state of domicile for more than 30 days shall not drive a commercial motor vehicle under the authority of a commercial driver license or commercial learner's permit issued by another jurisdiction.

(d) Repealed.]  (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1991, No. 88, § 10; 1995, No. 81 (Adj. Sess.), § 1; 2001, No. 102 (Adj. Sess.), § 33, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 14; 2005, No. 37, § 5; 2005, No. 175 (Adj. Sess.), § 39; 2009, No. 108 (Adj. Sess.), § 6, eff. July 1, 2011; 2009, No. 152 (Adj. Sess.), § 2; 2011, No. 128 (Adj. Sess.), § 24; 2013, No. 20, § 1; 2013, No. 57, § 30.)

§ 4110a. Non-excepted interstate or intrastate status; certified medical status

(a) On or before January 30, 2014, every person who holds a commercial learner's permit or commercial driver license shall provide the Commissioner the certification required under subdivision 4110(a)(6)(A) of this chapter.

(b) On or before January 30, 2014, existing holders of a commercial learner's permit or commercial driver license who certify to non-excepted interstate driving operations shall provide the Commissioner with an original or a copy of a current medical examiner's certificate. Certification status of "certified" will be posted on the Commercial Driver's License Information System driver record for the driver. Failure to provide the Commissioner a current medical examiner's certificate will result in the posting of "not-certified" status to the Commercial Driver's License Information System driver record for the driver, and a commercial learner's permit or commercial driver license downgrade will be initiated.

(c) To maintain a medical certification status of "certified," the holder of a commercial driver license or commercial learner's permit who certifies that he or she will operate commercial motor vehicles in non-excepted interstate commerce must provide the State an original or copy of each subsequently issued medical examiner's certificate required under 49 C.F.R. part 391. (Added 2013, No. 20, § 1.)

§ 4111. Commercial driver license

(a) Contents of license. A commercial driver's license shall be marked "commercial driver license" or "CDL," and shall be, to the maximum extent practicable, tamper proof, and shall include the following information:

(1) The name and residential address of the person.

(2) The person's color photograph or imaged likeness. A person issued a license under this subsection may renew the license not earlier than six months prior to its expiration date. In such case, the prior license document shall be surrendered. The renewed license shall be effective from the date of issuance to the end of the period for which it is renewed.

(3) A physical description of the person including sex, height, and weight.

(4) Date of birth.

(5) Any number or identifier deemed appropriate by the Commissioner.

(6) The person's signature.

(7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions.

(8) The name of this State.

(9) The dates between which the license is valid.

(10) [Repealed.]

(11) An indicator that a licensee has executed a document that serves as an anatomical gift pursuant to section 618a of this title.

(12) A veteran designation if a veteran, as defined in 38 U.S.C. § 101(2), requests the designation and provides proof of veteran status as specified in subdivision 4110(a)(5) of this title, and if the Office of Veterans Affairs confirms his or her status as an honorably discharged veteran or a veteran discharged under honorable conditions.

(b) Classifications, endorsements and restrictions. Driver licenses may be issued with the following classifications, endorsements, and restrictions:

(1) Classifications. Licensees may drive all vehicles in the class for which the license is issued and all lesser classes of vehicles, except those requiring special endorsements.

(A) Class A-Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of 10,000 pounds.

(B) Class B-Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.

(C) Class C-Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds comprising:

(i) vehicles designed to transport 16 or more passengers, including the driver; and

(ii) vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 C.F.R., part 172, subpart F.

(D) Class D-Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds except vehicles included in Class C or vehicles which require a special endorsement unless the proper endorsement appears on the license. Class D licenses shall not be commercial driver licenses.

(2) Licenses may be issued with appropriate endorsements and restrictions noted thereon. The Commissioner shall determine the manner of notation.

(c) [Repealed.]

(d) Within 10 days after issuing a commercial driver license, the Commissioner shall notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person.

(e) The commercial driver license shall expire in the same manner as set by section 601 of this title.

(f) When applying for renewal of a commercial driver license, the applicant shall complete the application form required by section 4110 of this title, providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed. In addition, the applicant must successfully complete the security threat assessment required by 49 C.F.R. part 1572. Within 15 days of an adverse initial or final determination of threat assessment being served by the United States Transportation Security Administration, the applicant's hazardous materials endorsement shall be revoked or denied. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1993, No. 122 (Adj. Sess.), § 2; 2003, No. 154 (Adj. Sess.), § 15; 2005, No. 37, § 6; 2005, No. 166 (Adj. Sess.), § 3; 2007, No. 153 (Adj. Sess.), § 41; 2007, No. 188 (Adj. Sess.), § 6; 2009, No. 39, § 15; 2009, No. 108 (Adj. Sess.), § 7, eff. July 1, 2011; 2009, No. 152 (Adj. Sess.), § 3, eff. July 1, 2011; 2013, No. 20, § 1; 2013, No. 57, § 31.)

§ 4111a. Commercial learner's permit

(a) Contents of permit. A commercial learner's permit shall contain the following:

(1) the prominent statement that the permit is a "Commercial Learner's Permit," except as specified in subsection 4109(a) of this title, and that it is not valid unless accompanied by a valid Vermont operator's license;

(2) the full name, signature, and residential address in Vermont of the person to whom the permit is issued;

(3) physical and other information to identify and describe the person, including the month, day, and year of birth, sex, and height;

(4) the permit holder's state license number;

(5) the name of the state that issued the permit;

(6) the date of issuance and the date of expiration of the permit;

(7) the group or groups of commercial motor vehicles that the permit holder is authorized to operate, indicated as follows:

(A) A for Combination Vehicle;

(B) B for Heavy Straight Vehicle;

(C) C for Small Vehicle;

(8) the endorsements for which the permit holder has qualified, if any, indicated as required under 49 C.F.R. § 383.153(b)(2)(viii); and

(9) the restrictions placed on the permit holder, if any, indicated as follows:

(A) P for No passengers in commercial motor vehicle bus;

(B) X for No cargo in commercial motor vehicle tank vehicle;

(C) L for a No Air brake equipped commercial motor vehicle;

(D) V for medical variance;

(E) M for No Class A passenger vehicle;

(F) N for No Class A and B passenger vehicle;

(G) K for Intrastate only;

(H) Any additional restrictions that apply to the commercial learner's permit driving privilege.

(b) Classifications, endorsements, and restrictions.

(1) The holder of a commercial learner's permit may not operate a commercial motor vehicle transporting hazardous materials.

(2) The holder of a commercial learner's permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver license valid for the type of vehicle driven who occupies a seat beside the individual or, in the case of a vehicle designed to transport more than 15 passengers, who occupies a seat directly behind or in the first row behind the driver and who directly observes and supervises the commercial learner's permit holder for the purpose of giving instruction in driving the commercial motor vehicle.

(3) Endorsements.

(A) A commercial learner's permit holder with a passenger endorsement must have taken and passed the passenger endorsement knowledge test. A commercial learner's permit holder with a passenger endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder as prescribed in subdivision (2) of this subsection. The passenger endorsement must be class specific.

(B) A commercial learner's permit holder with a school bus endorsement must have taken and passed the school bus endorsement knowledge test. A commercial learner's permit holder with a school bus endorsement is prohibited from operating a school bus with passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder as prescribed in subdivision (2) of this subsection.

(C) A commercial learner's permit holder with a tank vehicle endorsement must have taken and passed the tank vehicle endorsement knowledge test. A commercial learner's permit holder with a tank vehicle endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

(D) All other federal endorsements are prohibited on a commercial learner's permit. (Added 2013, No. 20, § 1.)

§ 4112. Records notification

(a) After suspending, revoking, or disqualifying a person from holding a commercial driver license or commercial learner's permit, the Commissioner shall update his or her records to reflect that action within 10 days. After suspending, revoking, or disqualifying a nonresident commercial driver's privileges, the Commissioner shall notify the licensing authority of the state which issued the commercial driver license or commercial learner's permit within 10 days.

(b) When the Commissioner receives a request for an operating record of a person currently or previously licensed in Vermont, the Commissioner shall provide the information within 30 days. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1991, No. 88, § 11, eff. April 1, 1992; 2009, No. 152 (Adj. Sess.), § 4; 2013, No. 20, § 1.)

§ 4113. Notification of traffic convictions

When a person who holds a commercial driver license or commercial learner's permit issued by another state is convicted in this State of any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, in any type of vehicle, the Commissioner shall notify the driver licensing authority in the licensing state of the conviction within 10 days. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2005, No. 37, § 7; 2009, No. 152 (Adj. Sess.), § 5; 2013, No. 20, § 1.)

§ 4114. Agreements

The commissioner may enter into or make agreements, arrangements or declarations to carry out the provisions of this chapter. (Added 1989, No. 239 (Adj. Sess.), § 1.)

§ 4115. Reciprocity

(a) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this State if the person has a valid commercial driver license or commercial learner's permit issued by any state of the United States, any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, or the Licensia Federal de Conductor issued by the Republic of Mexico if the person's license or permit is not suspended, revoked, or canceled and if the person is not disqualified from driving a commercial motor vehicle or subject to an out-of-service order.

(b) The Commissioner shall give all out-of-state convictions full faith and credit and treat them for sanctioning purposes under this chapter as if they occurred in this State.

(c) The Commissioner shall record disqualifications and convictions received from other jurisdictions regarding Vermont operators. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1997, No. 55, § 9, eff. June 26, 1997; 2005, No. 166 (Adj. Sess.), § 4; 2013, No. 20, § 1.)

§ 4116. Disqualification

(a) A person shall be disqualified from driving a commercial motor vehicle for a period of one year if convicted of a first violation of:

(1) operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more or under the influence, as defined in section 1218 of this title;

(2) failure to stop, as defined in section 1128 of this title;

(3) using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year;

(4) refusal to submit to a test to determine the operator's alcohol concentration, as provided in section 1205, 1218, or 1219 of this title;

(5) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of 0.08 or more or under the influence of intoxicating liquor or other substance, as defined in section 1201 of this title;

(6) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway 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 as provided in section 1201 of this title;

(7) operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;

(8) operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

(b) A person shall be disqualified from driving a commercial motor vehicle for three years if convicted of a violation listed in subsection (a) of this section, if the violation occurred while transporting a hazardous material required to be placarded.

(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two or more separate violations listed in subsection (a) of this section arising from two or more separate occurrences.

(d) A person shall be disqualified from driving a commercial motor vehicle for a period of 60 days if convicted of two serious traffic violations or if convicted of two violations of subsection 4125(c) of this chapter, or 120 days if convicted of a third or subsequent serious traffic violation or if convicted of a third or subsequent violation of subsection 4125(c) of this chapter, arising from separate incidents occurring within a three-year period. A disqualification for 120 days shall be issued to be consecutive with any previous disqualification.

(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.

(f) A person who is disqualified from driving a commercial motor vehicle shall surrender his or her Vermont commercial driver license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver license, a Class D license shall be issued, provided the individual is otherwise eligible.

(g) The Commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to subsection (e) of this section, may be reduced to a period of not less than ten years.

(h) A person shall be disqualified from driving a commercial motor vehicle for a period of 60 days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.

(i) A person shall be disqualified from driving a commercial motor vehicle for a period of 120 days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.

(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.

(k) A person shall be disqualified for a term concurrent with any disqualification or suspension issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. § 383.52. (Added 1991, No. 88, § 12, eff. April 1, 1992; amended 2003, No. 26, § 5; 2005, No. 37, § 8; 2005, No. 166 (Adj. Sess.), §§ 6, 7; 2009, No. 152 (Adj. Sess.), § 6; 2013, No. 20, § 1.)

§ 4116a. Suspension of operating privilege

(a) A person's privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for one year, if:

(1) the person is convicted of a first violation of operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more, or under the influence, as defined in section 1218 of this title; and

(2) the person's commercial driver license or commercial learner's permit is issued by a state or country that does not have a reciprocity agreement with the State of Vermont for the disqualification of commercial driver licenses or permits under section 4115 of this title.

(b) A person's privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for three years if the person is convicted of violating subsection (a) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.

(c) A person's privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for life if the person is convicted a second time of violating subsection (a) of this section, and both convictions arise out of separate occurrences.

(d) A person's privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for 60 days if the person is convicted of two serious traffic violations, or for 120 days if the person is convicted of three serious traffic violations, arising from separate incidents occurring within a three-year period.

(e) A person's privilege to operate a commercial motor vehicle in the State of Vermont shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted. (Added 1999, No. 160 (Adj. Sess.), § 26; amended 2013, No. 20, § 1.)

§ 4117. Suspensions and disqualifications to run concurrently

A suspension of a person's operating privilege or license and a disqualification imposed under section 4116 of this title, imposed for the same violation, shall run concurrently. (Added 1991, No. 88, § 15, eff. April 1, 1992.)

§ 4118. Effective date of disqualification; hearing

(a) A disqualification from driving a commercial motor vehicle shall be effective on not less than 10 days' notice.

(b) If requested, a hearing on the disqualification shall be conducted under sections 105-107 of this title. Except as provided in subsection 4124(a) or 4124(c) of this chapter, the scope of the hearing shall be limited to verification of the conviction.

(c) A person aggrieved by a decision resulting from a hearing under this section may have the decision reviewed on the record under Rule 75 of the Vermont Rules of Civil Procedure. The review shall be to the Washington Superior Court or, in the discretion of the licensee, to the Superior Court in the county the licensee resides or has a principal place of business. (Added 1991, No. 88, § 16, eff. April 1, 1992; amended 2013, No. 20, § 1.)

§ 4119. Compliance with out-of-service order; disqualification from operation of vehicle

(a) No person shall operate a commercial motor vehicle in violation of an out-of-service order.

(b) Any person convicted for violating an out-of-service order shall be disqualified as follows except as provided in subsection (c) of this section:

(1) A person 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) A person shall be disqualified for a period of two years if convicted of a second violation of an out-of-service order during any ten-year period, arising from separate incidents.

(3) A person 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 ten-year period, arising from separate incidents.

(c) Any person convicted for 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) A person shall be disqualified for a period of 180 days if convicted of a first violation of an out-of-service order.

(2) A person 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 ten-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.)

§ 4120. Penalties

(a) Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty for a first conviction or for a second or subsequent conviction at the applicable minimum level set forth in 49 C.F.R. § 383.53(b)(1), in addition to disqualification under this chapter.

(b) Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty for a first conviction or for a second or subsequent conviction at the applicable minimum level set forth in 49 C.F.R. § 383.53(b)(2).

(c) The fine imposed for a speeding violation of a commercial motor vehicle operating in excess of 15 miles per hour over the legally posted speed limit on any State or town highway shall be one and one-half times the fine imposed for a speeding violation in other vehicles. (Added 1995, No. 84 (Adj. Sess.), § 4, eff. Oct. 1, 1996; amended 1999, No. 154 (Adj. Sess.), § 23; 2005, No. 166 (Adj. Sess.), § 5; 2009, No. 152 (Adj. Sess.), § 8.)

§ 4121. Applicants for school bus endorsements

(a) An applicant for a school bus endorsement shall satisfy the following requirements:

(1) Pass the knowledge and skills test for obtaining a passenger vehicle endorsement.

(2) Have knowledge covering the following topics, at minimum:

(A) Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required for school buses by state or federal law or regulation.

(B) Emergency exits and procedures for safely evacuating passengers in an emergency.

(C) State and federal laws and regulations related to traversing safely highway rail grade crossings.

(D) A skills test in a school bus of the same vehicle group as the applicant will operate.

(b) On or before September 30, 2005, the department may waive the skills test required in subdivision (a)(1) of this section for an applicant who:

(1) is currently licensed, has experience operating a school bus, and has a good operating record;

(2) certifies, and whose certification is verified by the department, that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant:

(A) held a valid commercial driver license with a passenger endorsement to operate a school bus representative of the group the applicant will be operating;

(B) has not had his or her operator's license or commercial driver license suspended, revoked, or cancelled or been disqualified from operating a commercial motor vehicle;

(C) has not been convicted of any offense that would require disqualification under section 4116 of this title or 49 C.F.R. part 383.51(b);

(D) has not had more than one conviction for a serious traffic violation, as defined in section 4103 of this title, while operating any type of motor vehicle;

(E) has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident;

(F) has not been convicted of any motor vehicle traffic violation that resulted in an accident; and

(G) has been regularly employed as a school bus driver, has operated a school bus representative of the group the applicant seeks to operate, and provides evidence of such employment. (Added 2005, No. 37, § 10.)

§ 4122. Deferring imposition of sentence

No judge or court may utilize the provisions of section 7041 of Title 13 or any other program to defer imposition of sentence or judgment if the defendant holds a commercial driver license or was operating a commercial motor vehicle when the violation occurred and is charged with violating any state or local traffic law other than a parking violation. (Added 2005, No. 37, § 11.)

§ 4123. Penalty for authorizing railroad crossing violations

Any employer who knowingly requires or permits a driver to operate a commercial motor vehicle in violation of section 1076 of this title is subject to a penalty of not more than $4,000.00. (Added 2005, No. 166 (Adj. Sess.), § 8.)

§ 4124. Penalties for fraud; action upon suspected fraud

(a) If from the check of an applicant's license status and record prior to issuing a commercial learner's permit or commercial driver license or at any time after the commercial learner's permit or commercial driver license is issued, the Commissioner determines that the applicant or holder has knowingly falsified any information, documentation, or certifications required under this chapter, the Commissioner shall give the applicant or holder notice of his or her findings and an opportunity to show cause why the application, commercial learner's permit, or commercial driver license should not be disqualified for a period of 60 consecutive days. The disqualification shall be effective 10 days after the notice is sent unless the applicant or holder requests a hearing. If after a hearing the Commissioner determines that the applicant or holder has knowingly falsified any information, documentation, or certifications required under this chapter, the Commissioner shall disqualify for a period of 60 consecutive days the person's commercial learner's permit or commercial driver license, his or her pending application, or his or her privilege to operate a commercial motor vehicle.

(b) A person convicted of fraud related to the issuance of a commercial learner's permit or commercial driver license who seeks to renew, transfer, or upgrade the fraudulently obtained commercial learner's permit or commercial driver license shall be disqualified for one year. The disqualification shall be recorded in the person's driving record.

(c) If the Commissioner receives credible information that a commercial learner's permit or commercial driver license holder is suspected but has not been convicted of fraud related to the issuance of his or her commercial learner's permit or commercial driver license, the Commissioner shall require the holder to retake the skills or knowledge test, or both, and send the holder notice of the same. Within 30 days after notice is sent, the holder shall make an appointment or otherwise schedule to take the next available test. If the holder fails to make an appointment within 30 days, the Commissioner shall disqualify his or her commercial learner's permit or commercial driver license. If the holder fails either the knowledge or skills test or does not take the test, the Commissioner shall disqualify his or her commercial learner's permit or commercial driver license. Once a holder's commercial learner's permit or commercial driver license has been disqualified, he or she must reapply for a commercial learner's permit or commercial driver license under the procedures applicable to all commercial learner's permit or commercial driver license applicants. (Added 2013, No. 20, § 1.)

§ 4125. Texting violations; handheld mobile telephone violations

(a) Definitions. As used in this section, "driving" means operating a commercial motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. "Driving" does not include operating a commercial motor vehicle with or without the motor running when the operator has moved the vehicle to the side of or off a highway and has halted in a location where the vehicle can safely remain stationary.

(b)(1) General Prohibition on Texting. No operator shall engage in texting while driving a commercial motor vehicle.

(2) Exception. Texting while driving is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

(3) No person may be issued traffic complaints alleging a violation of this section and a violation of section 1099 of this title from the same incident.

(c)(1) General Prohibition on Use of Handheld Mobile Telephones. No operator shall use a handheld mobile telephone while driving a commercial motor vehicle.

(2) Exception. Use of a handheld mobile telephone is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

(d) Motor Carriers.

(1) A motor carrier shall not allow or require its drivers to engage in texting while driving a commercial motor vehicle.

(2) A motor carrier shall not allow or require its drivers to use a handheld mobile telephone while driving a commercial motor vehicle. (Added 2013, No. 20, § 1.)


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23 39 COMMERCIAL DRIVER LICENSE ACT 2012-01-01 2013-06-30
23 39 COMMERCIAL DRIVER LICENSE ACT 2013-07-01 2099-12-31

Access Date: 2014-01-09
Version: 2013-07-01 - 2099-12-31