2018 Vermont Statutes
Title 23 - Motor Vehicles
Chapter 39 - Commercial Driver License Act
§ 4103 Definitions

Universal Citation: 23 V.S.A. § 4103

§ 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 U.S. 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(v) [Repealed.]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. § 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) [Repealed.]

(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, if applicable, 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 a commercial motor vehicle in violation of section 4125 of this chapter or section 1099 of this title.

(J) Using a handheld mobile telephone while driving a commercial motor vehicle in violation of section 4125 of this chapter.

(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; 2013, No. 189 (Adj. Sess.), § 24; 2015, No. 47, § 51.)

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