​Administrative Rules

Administrative Rules of the Department of Motor Vehicles - APA Regulations:

Eye Standards for Operating a Motor Vehicle

(a) Acuity: Binocular 20/40
  Monocular 20/40
(b) Field of Vision: Both eyes, 60 degrees or more external each eye.
  One eye, 60 degrees or more external, 60 degrees or more nasal.

CROSS REFERENCES
Physical and mental examinations, see 23 V.S.A. § 637 et seq.

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Driver's License Endorsements

(a) Requirements to Obtain a School Bus Endorsement.

Before a person may be licensed to assume the duty of transporting school pupils in either a Type I or Type II school bus, he or she shall comply with applicable provisions of 23 V.S.A. §1282, and shall:

(1) Successfully pass the following tests:

a. Vision test.

b. A written test based on the school bus manual and Section 10 of the Vermont Commercial Driver License Manual. The test consisting of thirty-one (31) questions, which are a combination of multiple choice, nine (9) fill in the blank, and two (2) essay questions. The passing score is 80% or better.

c. Road Test. The road test must be taken in either a Type I or Type II school bus. To pass the applicant must have less than 21 demerits. An accident, dangerous action, or serious violation would be cause for immediate rejection.

(2) No person applying for a school bus endorsement will be permitted such endorsement unless he or she is physically qualified.

A person is physically qualified to drive a school bus only if he or she:

A. Has no loss of a foot, a leg, a hand or an arm, or has been granted a waiver by the department following a determination that the loss/impairment will not interfere with his or her ability to control and safely drive a school bus. Such waiver will be subject to review upon renewal of the endorsement as described in section (b).

B. Has no impairment of the use of a foot, a leg, a hand, fingers, or an arm, and no other structural defect or limitation, which is likely to interfere with his or her ability to control and safely drive a school bus, or has been granted a waiver by the department following a determination that the impairment will not interfere with his or her ability to control and safely drive a school bus. Such waiver will be subject to review upon renewal of the endorsement as described in section (b).

C. Has no current clinical diagnosis of unstabilized diabetes mellitus. An applicant's physician must certify that the applicant has not had a hypoglycemic reaction for at least two years. Any diabetic who obtains a school bus driver endorsement must submit a statement from his or her physician every six months that the applicant has not had a hypoglycemic reaction during that period.

D. Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

E. Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his or her ability to control and drive a school bus safely.

F. Has no current clinical diagnosis of high blood pressure likely to interfere with his or her ability to operate a school bus safely. The federal regulations for blood pressure readings and medical recertification are as follows:

(a) An individual diagnosed with Stage 1 Hypertension (blood pressure reading is 140/90 – 159/99) may be certified for one year. At recertification, an individual with a blood pressure reading equal to or less than 140/90 may be certified for one year; however, if his or her blood pressure is greater than 140/90 but less than 160/100, a one-time certificate for 3 months can be issued.

(b) An individual diagnosed with Stage 2 Hypertension (blood pressure reading is 160/100 – 179/109) should be treated and a one-time certificate for 3-month certification can be issued. Once the driver has reduced his or her blood pressure to equal to or less than 140/90, he or she may be recertified annually thereafter.

(c) An individual diagnosed with Stage 3 Hypertension (blood pressure reading equal to or greater than 180/110) should not be certified until his or her blood pressure is reduced to 140/90 or less, and may be recertified every 6 months.

G. Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a school bus, except where the established medical history shows no seizures or use of medication within the last five years preceding application.

H. Has no mental, nervous, organic or functional disease or psychiatric disorder likely to interfere with his or her ability to drive a school bus safely.

I. Meets the same vision standards as required for obtaining a Vermont Learner's Permit, Junior Driver's License and Driver's License.

J. Is not totally deaf but can perceive and understand, with or without a hearing aid, a conversation conducted in a normal tone of voice at a distance not to exceed five feet. However, a person unable to qualify as above can be granted an endorsement subject to the following restrictions:

(a) Left and right hand outside rear view mirrors which give an unobstructed view to the rear on any school bus he or she may operate.

(b) An inside rear view mirror which gives the seated driver clear vision of the interior of the bus.

(c) Must have at least one individual capable of hearing with or without a hearing device in the bus at all times when said bus is transporting school age pupils.

K. Does not use an amphetamine, narcotic, or any habit-forming drug, and

L. Has no current clinical diagnosis of alcoholism.

M. Is not using any medication, the side affects of which would affect the safe operation of a school bus.

The waivers permitted under letters A and B of this section will be determined during the road test. Acceptance or denial on the basis of high blood pressure will be determined by the School Bus Driver Medical Evaluation Form submitted by applicant's own doctor and progress reports at intervals of 6 months can be required. The possible exception under letter G, epilepsy, will be determined on the basis of a School Bus Driver Medical Evaluation Form submitted by the applicant's own doctor. Determination under letter M above will be based on a recommendation by the person's own doctor or a School Bus Driver Medical Evaluation Form. Said forms as referenced in this paragraph are required by statute at T. 23 V. S. A. § 1282.

(3) In the case of first time endorsement only, if the applicant's Driver's License expires within one year, the endorsement shall expire coincidentally with the license's second expiration.

(b) School Bus Examination to Retain Endorsement.

A person who holds a license with a school bus endorsement is required to take an examination every four years.

(1) The examination consists of:

a. Vision test.

b. A written test based on the school bus manual and Section 10 of the Vermont Commercial Driver License Manual. The test consisting of thirty-one (31) questions, which are a combination of multiple choice, nine (9) fill in the blank, and two (2) essay questions. The passing score is 80% or better.

c. Road test required if the applicant has any physical disabilities, or at the discretion of the Examiner. The road test must be taken in either a Type I or Type II school bus. To pass, the applicant must have less than twenty-one (21) demerits. An accident, dangerous action, or serious violation would be cause for immediate rejection.

(2) No person applying to retain his school bus endorsement under this section will be permitted to do so unless he or she is physically qualified pursuant to the standards set forth under section (a)(2) of this rule.

(3) If an applicant's license with a school bus endorsement has been expired for six (6) months or more, it is required that the complete examination, as described in section (a) be administered. It is strongly recommended that an annual physical report be required by and filed with the school district.

(4) When a school bus endorsement is being renewed, the endorsement shall expire coincidentally with the Driver's License. A school bus clinic shall be required for renewal of an endorsement. Applicants must obtain a four-year operator's license upon renewal.

(c) Motorcycles.

(1) Every Vermont licensed operator who operates a motorcycle on the highway must hold a valid license with the proper motorcycle endorsement or a motorcycle learner permit.

(2) All applicants for a motorcycle endorsement must have in their possession a valid Vermont Driver's License. However, the Commissioner may issue a restricted license to a physically handicapped person for the operation of a three-wheel motorcycle. The applicant must pass the eye examination if required before the written examination can be given. All applicants must satisfactorily pass the written portion of the examination before the skill test is given.

(3) If an applicant applying for a motorcycle endorsement is wearing corrective lenses and his or her license is not so restricted, the eye examination shall be given. The applicant will be tested first without corrective lenses and if he or she passes, no restriction will be required.

Definitions. The following definitions shall apply to this administrative rule.

"Dangerous action" shall include, but not be limited to: an accident prevented only by evasive action on the part of another driver or pedestrian; a situation where the examiner has to aid in controlling the vehicle either physically or verbally; or the applicant drives or backs one or more wheels over the curb or onto the sidewalk.

"Serious violation" shall include, but not be limited to: any act for which a driver could be cited, ticketed, or arrested, such as a stop sign violation, traffic ticket violation, or exceeding the speed limit.

HISTORY
Amended November 15, 1994, S.O.S. Rule Log #94-49; December 1, 1993, S.O.S. Rule Log #93-78; July 3, 2007, Secretary of State Rule Log #07-018.
CROSS REFERENCES
Code of Vermont Rules, rule 14 050 018

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Physical Conditions as Pertains to Fainting Spells, Blackouts or Any Other Reason Causing a Period of Unconsciousness

 

a. In order to operate a motor vehicle or to hold or obtain a Driver's License, a person who experiences an alteration or alterations of consciousness or conscious control may be granted such privilege by the Commissioner with such conditions and restrictions as the Commissioner deems appropriate.

b. Such a person shall submit initial medical evaluation reports to the Commissioner. The medical reports shall require information regarding the person's overall fitness to drive and recommendations regarding the necessity to furnish medical progress reports, the recommended frequency of such progress reports and the length of time such progress reports should be required. The medical report or progress report shall also permit the physician to recommend that the person submit to such motor vehicle written, road, and eye tests as the physician deems appropriate.

c. Upon the failure to furnish medical reports or progress reports, or upon receipt of an unsatisfactory medical report or progress report, the commissioner shall suspend for an indefinite period the person's license, privilege to operate, or right to obtain a Driver's License and such license shall remain suspended until the Commissioner receives a subsequent and satisfactory medical report or progress report.

d. In evaluating medical reports and progress reports, the Commissioner may require and consider reports from other physician. The Commissioner shall not be responsible for the costs of such medical examinations and reports and progress reports.

e. In evaluating the person's fitness to operate, or to obtain or hold a license, the Commissioner may also consider any other pertinent facts, reports, or information in his or her possession.

f. Any person who holds a Vermont Commercial Driver's License and who is engaged in interstate commerce (between states), is subject to Part 391 of the Federal Motor Carrier Safety Regulations.

HISTORY
Source. June 16, 1991, S. O. S. Rule Log #91-24.
Amended. March 15, 1996, S. O. S. Rule Log #96-20.
CROSS REFERENCES
Code of Vermont Rules, rule 14 050 040.
Physical and mental examinations, see 23 V. S. A. § 637 et seq.
Restricted licenses, see 23 V. S. A. § 612.

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Rules for Transportation of Hazardous Materials

ACTION 1.

An existing rule entitled "Rules for Transportation of Hazardous Materials" is amended which consists of the regulations promulgated by the U. S. Department of Transportation contained in Parts 100-199, revised October 01, 1992; Parts 390-397 and 399 revised October 01, 1992 of the Code of Federal Regulations Title 49; and Parts 71 and 73 of Title 10 revised January 01, 1992; and any amendments thereto, with the following modifications:

(a) All of the regulations adopted shall be construed so that whenever Department of Transportation, Secretary of Transportation and other Federal Agencies and Titles are referred to, they shall be construed to mean and be in effect as State of Vermont Agency of Transportation and the Secretary of Transportation serving as the administrative head thereof.

(b) Whenever the word Interstate appears in the text of Title 10 and Title 49 of the Code of Federal Regulations, it shall be construed to mean both Interstate and Intrastate motor carrier transportation.

(c) In those instances where the context requires otherwise, appropriate interpretation shall be made: i. e. where there is no comparable State Agency, such as Coast Guard, then such shall be the Secretary of Transportation, or his/her designee. Subsidiary offices of the Federal Department of Transportation shall be construed to be the Commercial Vehicle Enforcement Unit of the Agency of Transportation, Department of Motor Vehicles.

(d) The following sections of 49 CFR Part 176, Carriage by Vessel, are omitted: 176. 15; 176. 18; 176. 415; 176. 900; 176. 901; 176. 902; 176. 903; 176. 904; 176. 905.

(e) 49 CFR, Part 391. 11, Qualifications of Drivers, is modified by deletion of (b)(1) and substituting the following.

(b) A person is qualified to drive a Motor Vehicle if he/she:

1) is at least 18 years old provided he/she has a valid Vermont license and is engaged in the transportation of hazardous materials and/or other cargos in Intrastate Commerce; or

2) Must be at least 21 years old if he/she is engaged in the transportation of hazardous materials and/or other cargos in Interstate Commerce.

(f) The adoption of Title 10 CFR Parts 71 and 73 shall apply only to those portions pertaining to the transportation of radioactive materials and shall exclude any requirements pertaining to fixed sites or plants.

(g) Parts 391. 81 through 391. 123 regarding Federal Controlled Substance Testing Regulations are deleted in their entirety for Intrastate Carriers (Interstate Carriers are already subject to the Federal Rule). Intrastate Carriers wishing to establish an alternate controlled substance testing program for drivers are encouraged to do so provided they utilize current statutory guidelines as specified in Title 21, Vermont Statutes Annotated, Chapter 5, Subchapter 11, entitled "Drug Testing".

ACTION 2.

A. Basic Enforcement Provisions

Any law enforcement officer of the state of Vermont and its municipalities including but not limited to Motor Vehicle Inspectors, State Police Officers, Sheriffs, Chiefs of Police and Municipal Police Officers, shall have the authority to enforce the rules and regulations pertaining to the Transportation of Hazardous Materials adopted by the Secretary of the Agency of Transportation.

In order to enforce the rules and regulations as adopted, the Law Enforcement Officer must satisfactorily complete a Certification Course as prescribed by the U. S. Department of Transportation's Federal Highway Administration in the Federal Motor Carrier Safety Regulations, Safety Inspection Procedures and Out-Of-Service Criteria, with at least annual in-service training covering the prescribed instruction.

Any law enforcement officer in the course of enforcing these rules and regulations is authorized to enter upon, to inspect, and to examine any and all vehicles and loads carried, lands, buildings, and equipment of any person subject to these rules and regulations, and to inspect and copy any and all accounts, books, records, memoranda, correspondence and other documents.

Every person subject to these regulations shall submit their accounts, books, records, memoranda, correspondence and other documents for inspection and copying and they shall submit their vehicle and loads, land, buildings, and equipment for examination and inspection to any member of the Agency of Transportation upon demand after being furnished with appropriate identification by that person, and likewise to any law enforcement officer acting within the scope of his/her duties and authority with respect to these rules and regulations.

Each Motor Carrier who transports hazardous materials and is required to return notices, reports, and information on a periodic or incident basis under the regulations, shall likewise notify the Agency of Transportation in the same manner as is required for Federal Agencies. A copy of written reports furnished to any Federal Agency will be accepted. Reports shall be made to the Agency of Transportation, Department of Motor Vehicles, Commercial Vehicle Enforcement Unit, 120 State Street, Montpelier, Vermont 05603-0001. Contact by telephone may be made to the Department at (802) 828-2078. (See 49 CFR Section 171. 15; 171. 16; 174. 45; 175. 31; 176. 45; 177. 807; 390. 9; 392. 40 and Part 394).

Penalties for violations of these rules shall be as provided in 5 V. S. A. § 2001 and as adopted in "Schedule of Penalties" as prescribed in 23 V. S. A. § 2302.

B. Non Compliance Enforcement Procedures for Motor Carriers

I. Purpose:
To insure Driver/Vehicle Examination Reports are returned in a timely manner (within 15 days from date of issue) and that all violations noted have been corrected by the Carrier.

II. Instrument:
A Driver/Vehicle Examination Report form approved by the Secretary of the Agency of Transportation for the Vermont Motor Carrier Safety Assistance Program.

III. Compliance Notification:
Whenever an Inspection Report is not received by the Agency of Transportation, Commercial Vehicle Enforcement Unit within 15 days from the date of inspection as required, a letter will be sent to the Motor Carrier/Operator along with a copy of the original inspection report. The letter will advise the Carrier/Operator that the report, with its signed certification of compliance, has not been received. It will give the Carrier/Operator an additional 10 days to return the report certifying compliance.

IV. Compliance Enforcement: (Vermont Registered Vehicles):
If the Motor Carrier/Operator does not respond to the written notification as outlined above within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carriers Registration(s) be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) to determine if:

(1) Actual compliance has/has not been made: and

(2) Whether or not a Uniform Traffic Ticket/Traffic Complaint should be issued for non-compliance.
 

Compliance Enforcement (Foreign Registered Vehicles):
If the Motor Carrier/Operator does not respond to the written notification as outlined in paragraph III within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carrier's or operator's privilege to operate in Vermont be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may also demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) to determine if:

(1) Actual compliance has/has not been made: and

(2) Whether or not a Uniform Traffic Ticket and/or Vermont Traffic Complaint should be issued for noncompliance.

V. Reinspection Report (Vermont):
After completing the reinspection, the Inspector will submit a new Driver/Vehicle Examination Report noting whether or not the original violation(s) still exist. This follow-up report will be attached to the original in a closed file if the original violations have been corrected, and a written report will be forwarded to the Commissioner to reinstate the vehicle registration. Should the follow-up report reveal non-compliance, the original and follow-up reports will be placed in a pending file for further action.

VI. Suspension Authority:
The authority to make such suspension by the Commissioner is contained in Title 23 V. S. A. § 308(2), (3).

ACTION 3.

Hazardous Waste Transportation Vehicle Permit

1. Transporters of hazardous waste by highway, railroad or waterway shall apply for and obtain a vehicle permit from the Agency of Transportation, Department of Motor Vehicles. Hazardous waste means any waste or combination of wastes as defined by 49 CFR 171. 8.

2. A permit is required for each unit used in hazardous waste transportation and is not transferable between units. A unit is defined as a truck-tractor, a trailer or a straight truck, railroad car or barge.

3. Transporters shall apply for the permit on the form prescribed by the Commissioner of Motor Vehicles for that purpose. The application shall be accompanied by the permit fee.

4. The permit will be issued annually to expire on May 1 following the date of issue.

5. The annual permit fee shall be set by statute.

6. A validated copy of the permit shall be carried with the unit at all times when transporting hazardous wastes. The Commissioner of Motor Vehicles may issue a decal or other suitable identification which shall be affixed to the unit as directed.

7. The Commissioner of Motor Vehicles may revoke the permit during the effective period if the transporter is found to be in violation of the Agency of Transportation rules for transportation of hazardous waste.

8. Penalties for violations shall be as provided in 5 V. S. A. § 2001 or 23 V. S. A. § 2302 as is appropriate.

ACTION 4.

Transportation of Radioactive Materials: Preferred Routes

No Motor Carrier may transport Fissile Radioactive Materials [49 CFR 173. 403 (J)] or Highway Route Radioactive Materials [49 CFR 173. 403 (L)] as defined by the United States Department of Transportation except on designated preferred routes and in the manner prescribed by those regulations and parts 172, 173 and 177 of 49 CFR.
A "preferred route" shall consist of routes as defined in 49 CFR Section 177. 825, and Title 5, Vermont Statutes Annotated, Section 2003.

HISTORY
Source. June 15, 1991.
Amended. April 27, 1993, S. O. S. Rule Log #93-65.
CROSS REFERENCES
Code of Vermont Rules, rule 14 055 001.

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DMV Rule No. 39. Rules for Motor Carrier Safety Standards

ACTION 1.

An existing rule entitled "Rules For Motor Carrier Safety Standards" is amended which consists of the regulations promulgated by the U. S. Department of Transportation contained in Parts 390 to 397 and 399 of Title 49 of the Code of Federal Regulations revised October 01, 1992, and any amendments thereto, with the following modifications:

(a) All of the regulations adopted shall be construed so that whenever the Department of Transportation, Secretary of Transportation, and other Federal agencies and titles are referred to, they shall be construed to mean and be in effect as State of Vermont, Agency of Transportation and the Secretary of Transportation serving as the administrative head thereof.

(b) Whenever the word Interstate appears in the text of Parts 390 to 397 and 399, it shall be construed to mean both Interstate and Intrastate Motor Carrier Transportation.

(c) In those instances where the context requires otherwise, appropriate interpretation shall be made; i. e. where there is no comparable State Agency, such as Coast Guard, then such shall be the Secretary of Transportation, or the Secretary's designee. Subsidiary offices of the Federal Department of Transportation shall be considered to be the Commercial Vehicle Enforcement Unit of the Agency of Transportation, Department of Motor Vehicles.

(d) Part 391. 11, Qualifications of Drivers, is modified by deletion of (b)(1) and substituting the following:

(b) A person is qualified to drive a Commercial Motor Vehicle if the person:

1) Is at least 18 years old provided the person has a valid Vermont License and is engaged in the transportation of cargo or passengers in Intrastate Commerce; or

2) Must be at least 2 l years old if the person is engaged in the transportation of cargo or passengers in Interstate Commerce.

(e) Part 391. 41(b), Physical Qualifications for Drivers, (3) is deleted in its entirety and replaced with the following:

(3) Who is a newly diagnosed or has an established history of diabetes mellitus requiring insulin for control and has been certified by their personal physician that the individual has not had a hypoglycemic reaction (loss of consciousness or near loss of consciousness) for the last two years or since the last physical, whichever is longer. Such person shall be recertified every six months by their personal physician who must state that the patient has not had a hypoglycemic reaction during that time.

(f) Part 391. 41(b), Physical Qualifications for Drivers, (8) is deleted in its entirety, for intrastate operation only, and replaced with the following:

(8) Satisfies the Vermont Administrative Rule titled, "Physical Conditions as Pertains to Fainting Spells, Blackouts or Any Other Reason Causing a Period of Unconsciousness";

(g) Part 391. 41(b)(10), Physical Qualifications for Drivers, is modified as follows:
Has distant visual acuity of at least 20/40 (Snellen) binocular with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, except a monocular driver must have distant visual acuity of at least 20/40 with or without corrective lenses and field of vision of at least 70 degrees Temporal and at least 35 degrees Nasal in the horizontal meridian of the eye having visual acuity, and the ability to recognize the colors of traffic signals and devices showing standard red, green and amber. Certification of visual acuity and field of vision by a licensed Optometrist or Ophthalmologist must be submitted at each renewal of the commercial driver license. Operation of a commercial motor vehicle is permitted intrastate only. EXCEPTION, visual acuity corrected by use of bioptic or telescopic devices will not qualify an individual to operate a commercial motor vehicle.

(h) Parts 391. 81 through 391. 123 regarding Federal Controlled Substance Testing Regulations are deleted in their entirety for Intrastate Carriers (Interstate Carriers are already subject to the Federal Rule).
Intrastate Carriers who may wish to establish a controlled substance testing program for drivers are encouraged to do so provided they utilize current statutory guidelines as specified in Title 21, Vermont Statutes Annotated, Chapter 5, Subchapter 11, entitled "Drug Testing".

(i) Section 390. 5 entitled "Definitions," where it defines "Commercial Motor Vehicle," is amended to read:

Commercial Motor Vehicle means any self-propelled or towed vehicle used on public highways in commerce to transport passengers or property when:

1) The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds and is operating in Interstate Commerce; or

2) The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds and is operating in Intrastate Commerce; or

3) The vehicle is designed to transport more than 15 passengers, including the driver; or

4) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under the Hazardous Materials Transportation Act (49 U. S. C. App. 1801-1813).

ACTION 2.

A. Basic Enforcement Provisions

Any law enforcement officer of the State of Vermont and its municipalities, including but not limited to Motor Vehicle Inspectors, State Police Officers, Sheriffs, Chiefs of Police, and Municipal Police Officers, shall have the authority to enforce the rules and regulations pertaining to Motor Carrier Safety Standards adopted by the Secretary of the Agency of Transportation.

In order to enforce the rules and regulations as adopted, the Law Enforcement Officer must be certified by The Vermont Agency of Transportation, the State Lead Agency designated by the Governor. To become certified the Law Enforcement Officer must satisfactorily complete a Certification Course as prescribed by the U. S. Department of Transportation's Federal Highway Administration in the Federal Motor Carrier Safety Regulations, Safety Inspection Procedures, and Out-Of-Service criteria. In addition, the law enforcement officer will conduct 30 inspections which are supervised by a certified officer approved by the Vermont Agency of Transportation and demonstrate the ability to conduct inspections in accordance with the national standards prior to certification being granted. To maintain certification a law enforcement officer must perform at least 32 Level 1 inspections on an annual basis and attend an annual In-Service training covering the prescribed instruction.

Any law enforcement officer in the course of enforcing these rules and regulations is authorized to enter upon, to inspect, and to examine any and all vehicles and loads carried, lands, buildings, and equipment of any person subject to these rules and regulations, and to inspect and copy any and all accounts, books, records, memoranda, correspondence and other documents, including those maintained in an electronic format.

Every person subject to these regulations shall submit their accounts, books, records, memoranda, correspondence and other documents, including those maintained in an electronic format, for inspection and copying and they shall submit their vehicles, loads, land, buildings, and equipment for examination and inspection to any member of the Agency of Transportation upon demand after being furnished with appropriate identification by that person, and likewise to any law enforcement officer acting within the scope of his/her duties and authority with respect to these rules and regulations.

Each Motor Carrier who is required to return notices, reports, and information under the regulations shall do so within specified time limitations. All Reports shall be forwarded to the Agency of Transportation, Department of Motor Vehicles, Commercial Vehicle Enforcement Unit, 120 State Street, Montpelier, Vermont 05603-0001. Contact by telephone may be made to the Department at (802) 828-2078. (See 49 CFR Section 390. 9; Section 392. 40; and Part 394).

Penalties for violations of these rules shall be as provided in 5 V. S. A. § 2101 and as adopted in "Schedule of Penalties" as prescribed in 23 V. S. A. § 2302.

B. Non-compliance Enforcement Procedures for Motor Carriers

I. Purpose:
To insure Driver/Vehicle Examination Reports are returned in a timely manner (within 15 days from date of issue) and that all violations noted have been corrected by the Carrier.

II. Instrument:
A Driver/Vehicle Examination Report form approved by the Secretary of the Agency of Transportation for the Vermont Motor Carrier Safety Assistance Program.

III. Compliance Notification:
Whenever an Inspection Report is not received by the Agency of Transportation, Commercial Vehicle Enforcement Unit within 15 days from the date of inspection as required, a letter will be sent to the Motor Carrier/Operator along with a copy of the original inspection report. The letter will advise the Carrier/Operator that the report, with its signed certification of compliance, has not been received. It will give the Carrier/Operator an additional 15 days to return the report certifying compliance.

IV. Compliance Enforcement (Vermont Registered Vehicles):
If the Motor Carrier/Operator does not respond to the written notification as outlined above within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carriers registration(s) be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may then demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) in question to determine if:

(1) Actual compliance has/has not been made; and

(2) Whether or not a Uniform Traffic Ticket and/or Vermont Traffic Complaint should be issued for non-compliance.
 

Compliance Enforcement (Foreign Registered Vehicles):
If the Motor Carrier/Operator does not respond to the written notification as outlined in paragraph III within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carriers or Operators privilege to operate in Vermont be suspended indefinitely until compliance is manifested. The Secretary, or the Secretary's authorized representative, may then demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) in question to determine if:

(1) Actual compliance has/has not been made, and

(2) Whether or not a Uniform Traffic Ticket and/or Vermont Traffic complaint should be issued for non-compliance.

V. Reinspection Report (Vermont):
After completing the reinspection, the Inspector will submit a new Driver/Vehicle Examination Report noting whether or not the original violation(s) still exist. This follow-up report will be attached to the original in a closed file if the original violations have been corrected, and a written report will be forwarded to the Commissioner to reinstate the vehicle registration. Should the follow-up report reveal non-compliance, the original and follow-up reports will be placed in a pending file for further action.

VI. Suspension Authority:
The authority to make such suspension by the Commissioner is contained in Title 23 V. S. A. § 308(2), (3).

HISTORY
Source. September 15, 1993, S. O. S. Rule Log #93-66.
Amended. August 6, 1999, S. O. S. Rule Log #99-34.
CROSS REFERENCES
Code of Vermont Rules, rule 14 050 036.

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Ignition Interlock Program Rules

1. Definitions.

For the purposes of these rules, the following definitions apply:

(a) “Alcohol set point” means the minimum alcohol concentration at which an ignition interlock device is set to lock a motor vehicle’s ignition. That level shall be 0.02 BAC.

(b) “Certified laboratory” means a laboratory which subscribes to the quality code of the International Standards Organization of the American National Standards Institute.

(c) “Commissioner” means the Commissioner of Motor Vehicles.

(d) “Ignition Interlock Device” or “IID” means a device capable of measuring a person’s alcohol concentration and prevents a motor vehicle from being started by a person whose alcohol concentration is 0.02 or greater.

(e) “Ignition interlock restricted driver’s license” or “RDL” means an operator’s license that has been restricted to limit operation of motor vehicles by a person whose license or privilege to operate has been suspended or revoked pursuant to 23 VSA §1205(a)(2), §1205(m), §1206(a), §1208 or §1216 to motor vehicles installed with an approved ignition interlock device. A RDL may not be issued to a person under the age of 18 years. A person with a RDL may not operate a commercial motor vehicle as defined in 23 VSA §4103.

(f) “Inclusion zone” means an area encompassing 25 miles from the Vermont border.

(g) “Installer” means an individual, business or other entity identified by a manufacturer of an approved ignition interlock device as the manufacturer’s official representative in the state of Vermont for the installation, maintenance, monitoring and repair of the devices, and includes agents and employees of the manufacturer.

(h) “Motor vehicle” means only pleasure cars and trucks the operation of which does not require a commercial driver license. The term shall not include school buses.

(i) “State coordinator” means the individual designated by the manufacturer to act on behalf of or represent it in all matters regarding IID’s in Vermont.

2. Certification of manufacturers of ignition interlock devices.

(a) No ignition interlock device may be leased, sold, installed or used as part of the program outlined in 23 VSA §1213 unless the model or type of device has been approved by the Commissioner in accordance with the provisions of this rule.

(b) Application for Certification:

(1) A manufacturer may apply for certification of a device by submitting an application to the Commissioner. A separate application is required for each model or type of device for which approval is sought. A manufacturer must certify the device:

(i) Does not impede the safe operation of a vehicle.

(ii) Minimizes opportunities to bypass.

(iii) Performs accurately and reliably under all normally anticipated circumstances.

(iv) Satisfies the requirements for certification set forth in this rule.

(v) Prevents a person from starting a vehicle when the person has a prohibited alcohol concentration.

(2) An application for certification must include all of the following information:

(i) The name, address, telephone number and email address of the manufacturer of the device.

(ii) The name and model number of the device.

(iii) A statement the device meets or exceeds the minimum federal standards contained in the most recently published Model Specifications for Breath Alcohol Ignition Interlock Devices adopted by the National Highway Traffic Safety Administration by a Notice in the Federal Register.

(iv) A certification from an officer of a laboratory or a certified laboratory technician who tested the device stating the device was tested in accordance with the federal standards and the device was found to satisfy the requirements of the Model Specifications.

(v) A certification the device is made by a manufacturer who is covered by product liability insurance.

(vi) A signed statement the manufacturer agrees to indemnify and hold harmless the state of Vermont and the Commissioner and his or her officers, employees and agents from all claims, demands and actions as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer relating to the installation, service, repair, use and removal of a device.

(vii) The manufacturer may submit for consideration evidence of certification obtained in any other jurisdiction.

(viii) The manufacturer shall agree that any installation or service of an IID performed within the state of Vermont or the inclusion zone shall be in compliance with all requirements of this rule

(ix) The manufacturer must agree to provide an expert witness if the performance of the device is an issue in any judicial or administrative proceeding.

(x) The manufacturer shall agree to provide state-wide coverage for installation and service of ignition interlock devices.

(c) The representations made by a manufacturer on the application for certification become conditions to the certification when the certification is approved by the Commissioner. The failure of a manufacturer to comply with those conditions may result in the suspension or revocation of the certification as provided by subsection (e) of this section.

(d) The Commissioner shall certify, or refuse to certify, a device after receipt of a complete application. The manufacturer will be notified within 15 days of receipt of the application if the application is incomplete. The manufacturer will be told what information or documents are needed to complete the application.

(e) The Commissioner may deny, suspend or revoke certification of a manufacturer or device for any of the following:

(1) Defects in design, materials, or workmanship causing repeated failures of a device to function as intended.

(2) Termination or cancellation of a manufacturer’s liability insurance.

(3) The manufacturer ceases to manufacture ignition interlock devices.

(4) Voluntary request by a manufacturer to cancel approval of a device.

(5) Violation by a manufacturer, vendor, installer, service provider or agent, employee or independent contractor of any provisions of this rule or conditions to the certification.

(6) Providing materially false or inaccurate information relating to a device’s performance standards by the manufacturer or certifying laboratory.

(7) Modification or alteration of the components, design, or installation and operation instructions so that the requirements of the minimum federal standards are no longer satisfied, unless the modifications have already been certified.

(f) A suspension or revocation is effective 15 days after notification is sent to the manufacturer by regular mail or such later date as may be specified in the notice. The notice must specify the basis for the action.

(g) A manufacturer whose application for certification is denied or whose certification is suspended or revoked may request an administrative hearing. The hearing will be held pursuant to 23 VSA §§105 – 106. The issue at the hearing is whether, by a preponderance of the evidence, the manufacturer can show cause why the decision of the Commissioner should not be upheld.

(h) Within 90 days of the event of suspension or revocation of certification, the manufacturer is responsible for and must bear the cost for the removal of any and all decertified devices and the replacement with a certified device whether their own or another certified manufacturer’s device.

(i) A manufacturer must notify the Commissioner immediately, in writing, of any material modification or alteration in the components, design or installation and operating instructions of any device approved for use in this state, and must provide the Commissioner satisfactory proof (to include retesting by an independent laboratory, if required) prior to sale or distribution of the altered or modified device that these modifications or alterations do not adversely affect the ability of the device to satisfy the requirements of the minimum federal standards contained in the most recently published Model Specifications for Breath Alcohol Ignition Interlock Devices adopted by the National Highway Traffic Safety Administration. Any device with a material modification or alteration must be re-approved by the Commissioner.

3. Standards and Specifications for Ignition Interlock Devices.

(a) Except as otherwise provided herein, all ignition interlock devices must meet or exceed the most recently published standards established by the U.S. Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” (Federal Register / Vol. 57, No. 67 / Tuesday, April 7, 1992 / Notices / NHTSA Docket No. 91-07, Notice 2, pp. 11772 – 11786). The device must employ an electrochemical (fuel cell) sensing method of detecting the presence of alcohol.

(b) A device must indicate by audible or visual means when a sufficient breath sample has been collected and indicate the result by a pass/fail signal. A device must be able to be adjusted to permit operation with as little as 1.0 liter of breath per blow if required to obtain a sufficient sample.

(c) A device must prevent a driver from starting the vehicle when a breath test detects a BAC of 0.02 or greater and when a driver fails to appear for service within the five day warning period.

(d) A random retest feature is required for all devices. The device must require the driver to submit to a random retest within a variable interval ranging from five to fifteen minutes after a driver has passed an initial breath test and started the vehicle. An audible or visual warning must alert the driver of the retest and the driver will have ten minutes to take the random retest. If the driver fails to submit to the retest within ten minutes or the device detects a BAC of 0.02 or greater, the horn will sound repeatedly and the headlights shall flash until the vehicle is turned off. Once the vehicle is turned off, the device must not allow the driver to restart the vehicle within three minutes without taking an initial breath test. If the vehicle is turned off or accidentally stalls after or during the warning of an impending random retest, but before the driver takes the random retest, the device must prevent the driver from starting the vehicle without taking an initial breath test.

(e) A device must be programmed to allow a maximum of three attempts to provide a breath sample on a retest within a ten minute period. The device shall enter a temporary lockout for a period of 30 minutes if the user fails to provide a sample within the 10-minute period or fails a retest.

(f) A device must record data in its memory in such a manner that data cannot be erased and a hard copy can be printed. The data recorder must have a backup system to protect the security of all recorded data in the event the power supply to the device is interrupted or the sample head is disengaged or disconnected. The ability to transfer the unaltered data electronically must be included. The following information must be stored in the data recorder:

(1) The date and time of any use or attempted use of a vehicle.

(2) The date and time of any attempt to tamper, circumvent or bypass the device.

(3) The date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.

(4) The date and time of any malfunctions of the device.

(5) The date and time of any failures to provide retest samples.

(6) The date and time a “service required” message is issued to the customer by the device.

(g) A device must provide all of the following information to a driver.

(1) The device’s readiness for acceptance of a breath sample.

(2) A reminder seven days prior to a scheduled service date followed by a warning to obtain service within five days after the scheduled service date.

(h) A device must place the vehicle in a permanent lockout state, if any of the following conditions occur:

(1) The device detects tampering, circumvention or bypass attempts.

(2) The user fails to provide a breath sample during three consecutive retest periods.

(3) A scheduled service date is missed and the five day grace period has expired.

(4) Service is not obtained within five days of the service warning.

(i) A manufacturer shall ensure that a device has adequate electronic anti-tampering features which include the following:

(1) A device must retain its tamper detection capabilities when disconnected from the vehicle’s power supply, or record that it was disconnected.

(2) A device must retain its data memory when disconnected from the vehicle’s power supply.

(3) When a device detects a condition that would be considered tampering, the device must activate a visual and audible indicator.

(4) A device must include a camera with the capability of capturing and retaining an image of the person providing the breath sample at each vehicle start and random retest. Such images shall be included in the reports required in Section 6 of these rules. A person may not cover the camera or otherwise attempt to prevent an image of his or her face from being captured while providing breath samples for vehicle starts or retests.

(j) Override. A device shall be programmed to allow test free restarts in the case of engine stalls.

4. Manufacturer Responsibilities.

(a) A manufacturer must provide the following information to the Commissioner:

(1) A copy of the agreement between the manufacturer and installer.

(2) A copy of the standard agreement between the installer/manufacturer and the driver of the vehicle in which the device is installed

(3) The toll free telephone number which the manufacturer provides the public to contact authorized installers.

(4) The fee schedule listing the costs assessed to a driver for installation of the device, monthly leasing of the device, scheduled service visit, violations service visit, and removal of the device.

(5) The name, address, telephone number and e-mail address of the state coordinator.

(6) A detailed description, including a photograph, drawing or other graphic depiction of the device.

(7) Document containing complete written instructions provided to authorized installers for installation, operation, service, repair and removal of the device.

(8) Document containing the complete written instructions provided to participants and other operators of a vehicle equipped with the device.

(9) A complete list of authorized installers (including name, business address, phone number, contact person and hours of operation.

(b) A manufacturer must ensure installers:

(1) Meet the conditions established in §4, §5, §6 and §7.

(2) Possess and maintain all necessary training and skills required to install, examine, troubleshoot, and verify proper operation of devices.

(3) Possess the tools, test equipment and manuals needed to install, inspect, download, calibrate, repair, maintain, service and remove devices.

(4) Provide the restricted driver and all persons who will use the vehicle with written and hands on training in how to operate a vehicle equipped with the device, including

(i) Care, cleaning and maintenance

(ii) Identification of vehicle malfunctions and repairs affecting the device and procedures for addressing them.

(iii) A 24-hour emergency telephone number for assistance in the event a device fails to operate properly or a vehicle experiences a problem relating to the installation, operation or failure of a device. Assistance must include technical information, tow or road service. Emergency assistance related to the failure of a device must be provided within two hours for vehicles located near an area with an installation facility. The device must be made functional within 48 hours of the call for assistance being received or the device must be replaced.

(iv) Informing the restricted driver that he or she is accountable for all breath samples logged by the device.

(5) Maintain established business hours with an installer available during those hours.

(6) Conduct business from an enclosed building with a separate waiting area for customers. If installation is done by a mobile unit, the customer must have a separate, enclosed waiting area available. The business premises and mobile units are subject to announced and unannounced inspection by the Commissioner or his or her agents.

(7) Do not employ as installers persons who have been convicted of an alcohol related traffic offense or any offense classified as a felony, within the previous five years. A person employed as an installer must be at least eighteen years of age.

(8) Persons employed as installers are subject to the approval of the Commissioner.

5. Installation, Monitoring, Servicing and Removal of Ignition Interlock Devices.

(a) Installation:

(1) An installer must provide proof of installation, including the information required in Section 6(a)(2), to the Commissioner electronically within 24 hours of the installation.

(2) Only installers, manufacturers and representatives of the Commissioner may observe the installation and removal of devices. Reasonable security measures must be taken to prevent access by unauthorized persons to devices, the written materials and hardware and software associated with the devices.

(3) An installer shall examine each vehicle before installing the device. The examination must include screening procedures to ensure the vehicle in which the device is to be installed is in a mechanical and electrical condition that will allow the device to meet the specifications contained in these rules. Conditions that the manufacturer has determined would prevent the device from meeting the specifications must be repaired before the device is installed. The person seeking installation is responsible for the costs of any repairs to the vehicle.

(4) The device’s camera must be mounted on the passenger side of the vehicle in such a manner as to capture the front compartment of the vehicle. The camera shall capture an image of both the driver and the front passenger.

(5) After a device is installed, the vehicle and device must be inspected to ensure that the installation was performed properly, the device is working as required and the device does not interfere with the normal operation of the vehicle.

(6) An installer must certify that a device has been installed. The certification shall be made on a form prescribed by the Commissioner.

(7) A warning label, approved by the Commissioner, must be affixed to installed devices. The warning label must contain the following information: “WARNING”- A person removing, tampering with, disconnecting or otherwise circumventing this device may be subject to civil penalties. 23 VSA §1213(k).

(b) Monitoring and Servicing:

(1) An installer must follow the requirements established by this rule and the manufacturer’s specifications for service monitoring, service and repair.

(2) A device must be scheduled for service 30 days after initial installation and thereafter at intervals not to exceed 37 days.

(3) Service must be provided within three business days after the request for service is made.

(4) Each time a device is serviced, the installer must:

(i) Review the data recorded in the device’s memory and retain a copy in the person’s file.

(ii) Inspect the device for indications of tampering.

(iii) Calibrate the device.

(5) For those manufacturers who perform “swap outs” at every scheduled service visit, i.e. remove the currently installed device and replace it with a new device, the installer must:

(i) Review the data recorded in the removed device’s memory and retain a copy in the person’s file.

(ii) Inspect the removed device for indications of tampering.

(c) Removal:

[The following does not apply to “swap outs” as described in Section 5(b)(5)]

(1) Only a manufacturer or installer may remove a device

(2) An installer or manufacturer must notify the Commissioner electronically within 24 hours of the removal of a device stating the specific reasons for removal.

(3) Whenever a device is removed, the vehicle must be restored to its original condition. All severed wires must be securely reconnected and insulated with heat shrink tubing or its equivalent.

6. Reports and Records.

(a) Violations Reports:

(1) A manufacturer or installer must electronically notify the Commissioner and Vermont Department of Corrections within 24 hours of discovering reliable information showing:

(i) Evidence of circumventing, removing, or tampering with a device.

(ii) A registered 0.02 or greater BAC during a rolling retest.

(iii) A failure to submit to a retest that results in a permanent lock out condition.

(iv) A missed service visit.

(2) The report must include the following information:

(i) Name and affiliation (manufacturer and installer) of the person submitting the report.

(ii) Reason and basis for the report.

(iii) Driver’s full name, date of birth, driver license number and address.

(iv) Registration plate number and the vehicle identification number of the vehicle in which the device is installed.

(b) Driver Monitoring Reports:

(1) A manufacturer or installer must electronically notify the Commissioner within 24 hours of the servicing of a device.

(2) The report must include the information required by subdivision (a)(2) of this section and the results of the service, including a summary of the information provided by the device’s data recorder.

(c) Six Month Status Reports:

(1) An installer must electronically provide encrypted data to the manufacturer once every six months. For each device installed on vehicles to be operated within the state of Vermont, a manufacturer must electronically provide the Commissioner a status report once every six months.

(2) The report must provide the following:

(i) Information required by §6(a)(2)(i) and (ii).

(ii) Standard prices established for installation, calibration, removal, device rental, reinstallation and any other standard charges.

(iii) Non-standard charges assessed to any driver, listing the driver’s contact information as provided in §6(a)(2)(iii) and the amount and reason for the charge.

(iv) Number of requests for financial assistance.

(v) List of persons, including the information required by §6(a)(2)(iii) and (iv) who had a device installed or removed from a vehicle.

(vi) Number of devices installed and number of devices that malfunctioned or were defective requiring service, repair or replacement. The serial numbers and the specific problem identified for malfunctioning and defective devices must be included in the report.

(vii) Number of service visits that resulted in a charge to a driver, including the information required by §6(a)(2)(iii), amount of the charge and the reason for the charge.

(viii) Number and a summary of all complaints received and the corrective action, if any, taken by the manufacturer or installer for each model or type of device.

(ix) The date any service is performed.

(x) The mileage and hours of operation of the vehicle since the previous service was performed.

(d) A manufacturer or installer must keep all records relating to the application for approval of a device and all records relating to the installation, service, removal, performance and use of individual devices for a period of three years following the removal of any device.

7. Audit and Inspection of Records and Facilities.

The Commissioner or his or her agents may audit and inspect the facilities and records of a manufacturer and installer to verify compliance with the requirements of this rule. Manufacturers and installers must make facilities and records available to the Commissioner or his or her agents during reasonable business hours.

8. Application for Ignition Interlock Restricted License.

(a) A person eligible under 23 VSA §1205(a)(2), §205(m), §1206(a), §1208 or §1216 may apply for an ignition interlock restricted driver’s license. The application, on a form prescribed by the Commissioner, signed and sworn to by the applicant shall be accompanied by the person’s unexpired Vermont operator’s license; satisfactory proof of installation of an approved ignition interlock device in any motor vehicle to be operated by the applicant; proof of financial responsibility; and, proof of enrollment in an alcohol and driving education program.

(b) A person to whom a RDL has been issued, shall be responsible for all breath tests performed in his or her vehicle.

(c) A person whose license has been suspended pursuant to 23 VSA §1201(a)(3) may not be issued a RDL.

(d) When a Vermont operator’s license is received by the Department of Motor Vehicles in connection with an application for an ignition interlock restricted driver’s license, it will be immediately destroyed upon receipt by the Department.

(e) An ignition interlock restricted driver’s license shall be considered to be a corrected license within the meaning of 23 VSA §613(a).

(f) A person who has been issued a license restricted to operation of a vehicle equipped with an ignition interlock device by another jurisdiction, and who is otherwise eligible for the issuance of a Vermont license, may be issued a RDL, but not a junior operator’s license, in accordance with this rule.

(g) Once a person applying for a RDL pursuant to 23 VSA §1213(e) has met the requirements of that section, an examination as required by 23 VSA §632 shall be administered. A road test may be conducted without the individual having to obtain a learner permit.

(h) In the case of an initial application only, the ignition interlock RDL shall expire at midnight on the eve of the second anniversary of the date of birth of the applicant after issuance. Thereafter, an ignition interlock RDL must be renewed yearly.

(i) A person may request that the ignition interlock device installed in his or her vehicle be adjusted to allow a minimum breath sample of 1.0 liters of breath volume per blow. The request shall be made on a form furnished by the Commissioner and be accompanied by a certification from a licensed pulmonologist stating that the person has a lung condition that renders him or her incapable of providing a 1.5 liter sample of alveolar air. In the event that the request is granted, the manufacturer will be notified that the device may be adjusted. The manufacturer will in turn notify its installer.

(j) When providing a breath sample, the driver must be seated in the driver’s seat to ensure the device’s camera captures the image of the driver actively providing the breath sample.

(k) A person issued a restricted driver’s license pursuant to 23 VSA §1213 and this rule violates the terms and conditions of the restricted driver’s license when the person:

(1) Operates a motor vehicle without an ignition interlock device.

(2) Requests or solicits another person to blow into or otherwise activate the device for the purpose of providing the restricted driver with an operable motor vehicle.

(3) Removes, tampers with, disconnects or disables the device or circumvents the operation of the device.

(4) Registers a 0.02 BAC during a rolling retest.

(5) Fails to submit to a retest that results in a permanent lock out condition.

(6) Misses a service visit.

(7) Has the device removed from the vehicle by a manufacturer, installer or unauthorized person.
Violation of any of these conditions must result in the immediate recall of the person’s license for the time periods set out in 23 VSA §1213(h) and (i). Upon expiration of any recall period, a person whose RDL has been recalled pursuant to this section may reapply for a RDL in the same manner as the original application.

9. Right to Hearing.

(a) A person whose application for an ignition interlock RDL is denied may request a hearing. The hearing will be held pursuant to 23 VSA §105 - §107. The issue at hearing is whether, by a preponderance of the evidence, the person can show cause why the decision of the Commissioner should not be upheld

(b) A person who has been convicted or adjudicated of an offense described in 23 VSA §1213(h) or (i) resulting in the recall of his or her RDL, may request an administrative hearing for the sole purpose of verifying the record of adjudication or conviction.

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Vermont Department of Motor Vehicles
120 State Street
Montpelier, VT 05603-0001

Monday-Friday: 7:45am-4:30pm
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