Miscellaneous Rules

V.S.A. tit. 23, ch. 13, subch. 11

in effect

23 V.S.A. § 1110 Prohibited idling of motor vehicles

1110. Prohibited idling of motor vehicles (a)(1) General prohibition. A person shall not cause or permit operation of the primary propulsion engine of a motor vehicle for more than five minutes in any 60-minute period while the vehicle is stationary. (2) Exceptions. The five-minute limitation of subdivision (1) of this subsection shall not apply when: (A) a military vehicle; an ambulance; a police, fire, or rescue vehicle; or another vehicle used in a public safety or emergency capacity idles as necessary for the conduct of official operations; (B) an armored vehicle idles while a person remains inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded; (C) a motor vehicle idles because of highway traffic conditions, at the direction of an official traffic control device or signal, or at the direction of a law enforcement official; (D) the health or safety of a vehicle occupant requires idling, or when a passenger bus idles as necessary to maintain passenger comfort while nondriver passengers are on board; (E) idling is necessary to operate safety equipment such as windshield defrosters, and operation of the equipment is needed to address specific safety concerns; (F) idling of the primary propulsion engine is needed to power work-related mechanical, hydraulic, or electrical operations other than propulsion, such as mixing or processing cargo or straight truck refrigeration, and the motor vehicle is idled to power such work-related operations; (G) a motor vehicle of a model year prior to 2018 with an occupied sleeper berth compartment is idled for purposes of air-conditioning or heating during a rest or sleep period; (H) a motor vehicle idles as necessary for maintenance, service, repair, or diagnostic purposes or as part of a State or federal inspection; (I) a school bus idles on school grounds in compliance with rules adopted pursuant to the provisions of subsection 1282(f) of this title; (J) the idling of vehicles at the place of business of a registered motor vehicle dealer is necessary to maintain the premises of the place of business; or (K) a motor vehicle with a gross vehicle weight rating of 10,000 pounds or less idles on a driveway or parking area on private property. (b) Operation of an auxiliary power unit, generator set, or other mobile idle reduction technology is an alternative to operating the primary propulsion engine of a motor vehicle and is not subject to the prohibition of subdivision (a)(1) of this section. (c) In addition to the exemptions set forth in subdivision (a)(2) of this section, the Commissioner of Motor Vehicles, in consultation with the Secretary of Natural Resources, may adopt rules governing times or circumstances when operation of the primary propulsion engine of a stationary motor vehicle is reasonably required. (d) A person adjudicated of violating subdivision (a)(1) of this section shall be: (1) assessed a penalty of not more than $10.00, which penalty shall be exempt from surcharges under 13 V.S.A. § 7282(a), for a first violation; (2) assessed a penalty of not more than $50.00 for a second violation; and (3) assessed a penalty of not more than $100.00 for a third or subsequent violation. Added 2013, No. 57, § 28, eff. May 1, 2014.

23 V.S.A. § 1111 Unattended motor vehicle

1111. Unattended motor vehicle No person shall permit a motor vehicle to stand unattended without first stopping the engine; locking the ignition; removing the key from the ignition and effectively setting the brake, air temperatures permitting; and, when the vehicle is standing upon a grade, turning the front of the front wheels toward the curb or side of the highway. This section does not apply to authorized emergency vehicles. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1112 Closed highways

1112. Closed highways (a) Except by the written permit of the authority responsible for the closing, a person shall not drive any vehicle over any highway across which there is a barrier or a sign indicating that the highway is closed to public travel. (b) An authority responsible for closing a highway to public travel may erect a sign, which shall be visible to highway users and proximate to the barrier or sign indicating that the highway is closed to public travel, indicating that violators are subject to penalties and civil damages. (c) [Repealed.] Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2013, No. 57, § 18; 2021, No. 184 (Adj. Sess.), § 51, eff. July 1, 2022.

23 V.S.A. § 1113 Limitations on backing

1113. Limitations on backing (a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1114 Riding on motorcycles and motor-driven cycles

1114. Riding on motorcycles and motor-driven cycles (a) An individual operating a motorcycle or motor-driven cycle shall ride only upon the permanent and regular seat of the motorcycle or motor-driven cycle, and such operator shall not carry any other individual nor shall any other individual ride on a motorcycle or motor-driven cycle unless such motorcycle or motor-driven cycle is designed to carry more than one individual, in which event a passenger may ride upon the permanent and regular seat if designed for two individuals or upon another seat firmly attached to the motorcycle or motor-driven cycle at the rear or side of the operator. (b) An individual shall only ride upon a motorcycle or motor-driven cycle while sitting astride the seat, facing forward, with one leg on each side of the motorcycle or motor-driven cycle. The requirement of this subsection shall not apply to occupants of autocycles or of sidecars. (c) No individual shall operate a motorcycle or motor-driven cycle while carrying any package, bundle, or other article that prevents him or her from keeping both hands on the handlebars. (d) No operator shall carry any passenger, nor shall any passenger ride, in a position that will interfere with the operation or control of the motorcycle or motor-driven cycle or the view of the operator. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 2; 2009, No. 152 (Adj. Sess.), § 19f, eff. Sept. 1, 2010; 2013, No. 189 (Adj. Sess.), § 36; 2019, No. 131 (Adj. Sess.), § 183.

23 V.S.A. § 1115 Operating motorcycles and motor-driven cycles on roadways laned for traffic

1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic (a) All motorcycles or motor-driven cycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle or motor-driven cycle of the full use of a lane. (b) The operator of a motorcycle or motor-driven cycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a motorcycle or motor-driven cycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) No motorcycle or motor-driven cycle may be operated in the same lane with, and alongside or closer than 10 feet ahead of, or 10 feet behind another motorcycle, motor-driven cycle, or other motor vehicle. (e) Subsections (b) and (c) of this section shall not apply to police officers in the performance of their official duties. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 3; 2009, No. 152 (Adj. Sess.), § 19g, eff. Sept. 1, 2010.

23 V.S.A. § 1116 Clinging to other vehicles

1116. Clinging to other vehicles No person riding a motorcycle or motor-driven cycle shall attach himself or herself or the motorcycle or motor-driven cycle to any other vehicle on a roadway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 4; 2009, No. 152 (Adj. Sess.), § 19h, eff. Sept. 1, 2010.

23 V.S.A. § 1117 Footrests and handlebars

1117. Footrests and handlebars (a) Any motorcycle or motor-driven cycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle or motor-driven cycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 20, § 5; 2009, No. 152 (Adj. Sess.), § 19i, eff. Sept. 1, 2010.

23 V.S.A. § 1118 Obstruction to driver’s view

1118. Obstruction to driver’s view (a) A person shall not operate or attempt to operate a motor vehicle when more than three persons over two years of age, including the operator, are occupying the front seat or seats or are in the front or driving compartment of the motor vehicle. However, this provision does not apply to any motor vehicle the front seat of which was designed by the manufacturer for occupancy by more than three persons, or to any vehicle that has a front seating area that is at least 76 inches in width, as received from the manufacturer. In no case shall a vehicle be operated with more than four persons over two years of age occupying the front seat or seats or who are in the front or driving compartment of the motor vehicle. (b) In any event, a person may not operate a motor vehicle when it is so loaded as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle. (c) No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides or to interfere with his or her control over the driving mechanism of the vehicle. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1975, No. 234 (Adj. Sess.), § 1.

23 V.S.A. § 1119 Opening and closing vehicle doors

1119. Opening and closing vehicle doors No person shall open the door of a motor vehicle on the side nearest to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of traffic, nor may any person leave a door open on the side of a vehicle nearest to moving traffic for a period of time longer than necessary to load or unload passengers. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1122 Following fire apparatus prohibited

1122. Following fire apparatus prohibited No operator of a motor vehicle, other than one on official business relating to the suppression of fire or the handling of an emergency, shall follow any fire apparatus traveling to an emergency closer than 500 feet, or in a manner to interfere with the suppression of a fire or the handling of the emergency, or so as to endanger the life of any occupant of the fire apparatus, or thereafter park his or her vehicle so as to interfere with the suppression of a fire or the handling of the emergency. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1123 Driving over fire hose prohibited

1123. Driving over fire hose prohibited No person shall operate a motor vehicle over any unprotected hose of a fire fighting unit laid down on any highway, alley, private road, or driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1124 Position of operator

1124. Position of operator No person may steer or operate, attempt to steer or operate, or participate in the steering or operation of a motor vehicle, except in an emergency, unless he or she is seated directly and immediately behind the steering wheel or other steering apparatus. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1125 Obstructing windshields, windows

1125. Obstructing windshields, windows (a) Except as otherwise provided in this section, a person shall not operate a motor vehicle on which material or items have been painted or adhered on or over, or hung in back of, any transparent part of a motor vehicle windshield, vent windows, or side windows located immediately to the left and right of the operator. The prohibition of this section on hanging items shall apply only when a hanging item materially obstructs the driver’s view. (b) Notwithstanding subsection (a) of this section, a person may operate a motor vehicle with material or items painted or adhered on or over, or hung in back of, the windshield, vent windows, or side windows: (1) in a space not over four inches high and 12 inches long in the lower right-hand corner of the windshield; (2) in such space as the Commissioner of Motor Vehicles may specify for location of any sticker required by governmental regulation; (3) in a space not over two inches high and two and one-half inches long in the upper left-hand corner of the windshield; (4) if the operator is a person employed by the federal, State, or local government or a volunteer emergency responder operating an authorized emergency vehicle, who places any necessary equipment in back of the windshield of the vehicle, provided the equipment does not interfere with the operator’s control of the driving mechanism of the vehicle; (5) on a motor vehicle that is for sale by a licensed automobile dealer prior to the sale of the vehicle, in a space not over three inches high and six inches long in the upper left-hand corner of the windshield, and in a space not over four inches high and 18 inches long in the upper right-hand corner of the windshield; or (6) if the object is a rearview mirror, or is an electronic toll-collection transponder located either between the roof line and the rearview mirror post or behind the rearview mirror. (c) The Commissioner may grant an exemption to the prohibition of this section upon application from a person required for medical reasons to be shielded from the rays of the sun and who attaches to the application a document signed by a licensed physician or optometrist certifying that shielding from the rays of the sun is a medical necessity. The physician or optometrist certification shall be renewed every four years. However, when a licensed physician or optometrist has previously certified to the Commissioner that an applicant’s condition is both permanent and stable, the exemption may be renewed by the applicant without submission of a form signed by a licensed physician or optometrist. Additionally, the window shading or tinting permitted under this subsection shall be limited to the vent windows or side windows located immediately to the left and right of the operator. The exemption provided in this subsection shall terminate upon the transfer of the approved vehicle and at that time the applicable window tinting shall be removed by the seller. Furthermore, if the material described in this subsection tears or bubbles or is otherwise worn to prohibit clear vision, it shall be removed or replaced. (d) The rear side windows and the back window may be obstructed only if the motor vehicle is equipped on each side with a securely attached mirror, which provides the operator with a clear view of the roadway in the rear and on both sides of the motor vehicle. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 176 (Adj. Sess.); 2001, No. 75 (Adj. Sess.), § 7; 2001, No. 112 (Adj. Sess.), § 1; 2005, No. 89 (Adj. Sess.), § 1; 2015, No. 50, § 15.

23 V.S.A. § 1126 Putting glass, other items, on highway prohibited

1126. Putting glass, other items, on highway prohibited (a) No person shall drop or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the highway. (b) A person shall immediately remove or cause to be removed any destructive or injurious material that he or she drops or deposits, or permits to be dropped or deposited, upon any highway. (c) If the throwing or depositing was done from a motor vehicle, except a motor bus or a bus transporting schoolchildren, it is prima facie evidence that the throwing or depositing was done by the operator of the motor vehicle. (d) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from the vehicle. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1126a Depositing snow onto or across certain highways prohibited

1126a. Depositing snow onto or across certain highways prohibited (a) No person, other than an employee in the performance of his or her official duties or other person authorized by the Agency of Transportation (in the case of State highways) or selectboard (in the case of town highways), shall plow or otherwise deposit snow onto the traveled way, shoulder, or sidewalk of a State highway or a class 1, 2, or 3 town highway. (b) Nothing in this section should be construed to be in derogation of any municipal ordinance regulating the deposit of snow within the limits of town highways. Added 1997, No. 150 (Adj. Sess.), § 17.

23 V.S.A. § 1127 Control in presence of animals

1127. Control in presence of animals (a) Whenever upon a public highway and approaching a vehicle drawn by a draft animal, an animal upon which a person is riding, or animals being herded, the operator of a motor vehicle shall operate the vehicle in such a manner as to exercise every reasonable precaution to prevent the frightening of any animal and to ensure the safety and protection of the animal and the person riding, driving, or herding. (b) The operator of a motor vehicle shall yield to any animals being herded on or across a highway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1989, No. 55; 2009, No. 114 (Adj. Sess.), § 5.

23 V.S.A. § 1128 Crashes; duty to stop

1128. Crashes; duty to stop (a) The operator of a motor vehicle who has caused or is involved in a crash resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control, shall immediately stop and render any assistance reasonably necessary. Subsection 1102(g) of this title (stopping not to impede traffic or jeopardize safety; exceptions) governs the location where a person shall stop. The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer. A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both. (b) If serious bodily injury results from the crash, a person violating subsection (a) of this section shall be fined not more than $3,000.00 or imprisoned for not more than five years, or both. (c) If death results from the crash, a person violating subsection (a) of this section shall be fined not more than $3,000.00 or imprisoned for not less than one year nor more than 15 years, or both. (d) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 205 (Adj. Sess.), § 1; 1995, No. 151 (Adj. Sess.), § 1; 1997, No. 117 (Adj. Sess.), § 25; 2017, No. 71, § 26, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 184.

23 V.S.A. § 1129 Crashes; reports

1129. Crashes; reports (a) The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The written report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner may require further facts concerning the crash be provided upon forms he or she furnishes. (b) As used in this section, the word “crash” only refers to incidents and events in which the motor vehicle involved comes into physical contact with an individual or object, including another motor vehicle. It shall not include such contact where a vehicle involved is being used by a law enforcement officer as a barrier to prevent passage of a vehicle being operated by a suspected violator of the law. In such cases, the law enforcement officer shall not be required to make a personal written report of the incident. (c) The owner and the operator of a motor vehicle covered by one or more policies of liability insurance shall notify any individual injured by the motor vehicle, or the owner of any property damaged by the motor vehicle, of the name and address of all liability insurance companies that may cover the incident and the numbers of the policies. The notification shall be made to the injured individual or owner of the damaged property, or both, within five days after the injury or damage. The information shall be given to the injured individual and owner of the damaged property at the last known address of each. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1977, No. 81, § 5, eff. April 27, 1977; 1979, No. 46, § 4, eff. April 26, 1979; 1979, No. 190 (Adj. Sess.), § 4; 1987, No. 241 (Adj. Sess.), § 4; 2009, No. 152 (Adj. Sess.), § 14; 2019, No. 131 (Adj. Sess.), § 185.

23 V.S.A. § 1130 Permitting unlicensed or impaired person to operate

1130. Permitting unlicensed or impaired person to operate (a) No person shall employ another person as an operator of a motor vehicle knowing that the other person is not licensed as provided in this title. (b) No person shall permit a motor vehicle owned by him or her or under his or her control to be operated by another person if the person who owns or controls the vehicle knows that the other person has no legal right to operate the vehicle. (c)(1) No person who owns or is in control of a vehicle shall intentionally create a direct and immediate opportunity for another person to operate the motor vehicle if the person who owns or controls the vehicle has actual knowledge that the operator is: (A) under the influence of alcohol; or (B) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree that renders the person incapable of driving safely. (2) This subsection shall not apply if the defendant was placed under duress or subjected to coercion by the other person at the time the defendant enabled the other person to operate the motor vehicle. (d)(1) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both. (2) If death or if serious bodily injury as defined in 13 V.S.A. § 1021(2) results to any person other than the operator from a violation of subsection (c) of this section, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than two years, or both. The provisions of this subdivision do not limit or restrict prosecutions for manslaughter. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2011, No. 56, § 2; 2017, No. 83, § 161(4).

23 V.S.A. § 1131 Warning signal

1131. Warning signal The operator of a motor vehicle, whenever reasonably necessary to ensure safe operation, shall give an audible warning with the horn of his or her vehicle but shall not otherwise use the horn when upon a highway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1132 Driving on sidewalk

1132. Driving on sidewalk No person shall drive any motor vehicle on a sidewalk or on any area designated exclusively for pedestrian traffic, except while crossing a driveway. Nothing in this section shall prohibit the operation of an electric personal assistive mobility device, at a speed not to exceed eight miles per hour, on a sidewalk by a person who is at least 16 years of age or who has an ambulatory disability as defined in section 304a of this title. Nor shall the provisions of this section limit the authority of a municipality under the provisions of 24 V.S.A. § 2291(1), (4), and (5) to regulate the use and operation of these devices. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2001, No. 91 (Adj. Sess.), § 6.

23 V.S.A. § 1133 Eluding a police officer

1133. Eluding a police officer (a) No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer: (1) displaying insignia identifying him or her as such; or (2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp. (b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. (2) A person who violates subsection (a) of this section while operating a vehicle in a negligent or grossly negligent manner in violation of section 1091 of this title shall be imprisoned for not more than five years or fined not more than $1,000.00, or both. (3)(A) In the event that serious bodily injury to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than 15 years or fined not more than $5,000.00, or both. (B) If serious bodily injury to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured. (4)(A) In the event that death to any person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator shall be imprisoned for not less than one year nor more than 15 years or fined not more than $10,000.00, or both. (B) If death to more than one person other than the operator is proximately caused by the operator’s knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision (4) for each decedent. (c) In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances. (d) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. (e) As used in this section: (1) “Operator” includes an operator who, after being signaled to stop under subsection (a) of this section, leaves the vehicle and attempts to elude the officer by other means. (2) “Serious bodily injury” has the meaning defined in 13 V.S.A. § 1021. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1997, No. 117 (Adj. Sess.), § 26; 2003, No. 47, § 1; 2007, No. 195 (Adj. Sess.), § 3; 2011, No. 42; 2025, No. 18, § 42, eff. May 13, 2025.

23 V.S.A. § 1134 Motor vehicle operator; consumption or possession of alcohol or cannabis

1134. Motor vehicle operator; consumption or possession of alcohol or cannabis (a) A person shall not consume an alcoholic beverage or cannabis while operating a motor vehicle on a public highway. As used in this subsection, the prohibition on consumption of cannabis by the operator shall extend to the operator’s consumption of secondhand cannabis smoke in the vehicle as a result of another person’s consumption of cannabis. (b) A person operating a motor vehicle on a public highway shall not possess any open container that contains an alcoholic beverage or cannabis in the passenger area of the motor vehicle. (c) As used in this section: (1) “Alcoholic beverage” shall have the same meaning as “alcohol” as defined in section 1200 of this title. (2) “Passenger area” shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers. (d) A person who violates subsection (a) of this section shall be assessed a civil penalty of not more than $500.00. A person who possesses an open container that contains an alcoholic beverage in violation of subsection (b) of this section shall be assessed a civil penalty of not more than $25.00. A person who possesses an open container that contains cannabis in violation of subsection (b) of this section shall be assessed a civil penalty of not more than $200.00. A person adjudicated and assessed a civil penalty for an offense under subsection (a) of this section shall not be subject to a civil violation for the same actions under subsection (b) of this section. Added 1981, No. 83; amended 1997, No. 117 (Adj. Sess.), § 9; 2001, No. 141 (Adj. Sess.), § 23, eff. June 21, 2002; 2013, No. 76, § 4; 2013, No. 75, § 22f; 2013, No. 76, § 5, eff. July 1, 2014; 2017, No. 83, § 151; 2017, No. 86 (Adj. Sess.), § 13.

23 V.S.A. § 1134a Motor vehicle passenger; consumption or possession of alcohol or cannabis

1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis (a) Except as provided in subsection (c) of this section, a passenger in a motor vehicle shall not consume an alcoholic beverage or cannabis in the passenger area of any motor vehicle on a public highway. (b) A passenger in a motor vehicle shall not possess any open container that contains an alcoholic beverage or cannabis in the passenger area of the motor vehicle. (c) As used in this section: (1) “Alcoholic beverage” shall have the same meaning as “alcohol” as defined in section 1200 of this title. (2) “Passenger area” shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers. (d) A person, other than the operator, may possess an open container that contains an alcoholic beverage in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or trailer coach. (e) A person who consumes an alcoholic beverage or possesses an open container that contains an alcoholic beverage in violation of this section shall be assessed a civil penalty of not more than $25.00. A person who consumes cannabis or possesses an open container that contains cannabis in violation of this section shall be assessed a civil penalty of not more than $200.00. Added 2001, No. 141 (Adj. Sess.), § 24, eff. June 21, 2002; amended 2017, No. 83, § 152; 2017, No. 86 (Adj. Sess.), § 14.

23 V.S.A. § 1134b Using tobacco or cannabis in a motor vehicle with child present

1134b. Using tobacco or cannabis in a motor vehicle with child present (a) A person shall not possess a lighted tobacco product or use a tobacco substitute as defined in 7 V.S.A. § 1001 in a motor vehicle that is occupied by a child required to be properly restrained in a federally approved child passenger restraining system pursuant to subdivision 1258(a)(1) or (2) of this title. (b) A person shall not use cannabis as defined in 18 V.S.A. § 4201 in a motor vehicle that is occupied by a child under 18 years of age. (c)(1) A person who violates subsection (a) of this section shall be subject to a civil penalty of not more than $100.00 and no points shall be assessed. (2) A person who violates subsection (b) of this section commits a misdemeanor crime and shall be subject to the following penalties: (A) a fine of not more than $500.00 for a first offense; (B) a fine of not more than $750.00 for a second offense; and (C) a fine of not more than $1,000.00 for a third or subsequent offense. (3) A person who violates subsection (b) of this section shall be assessed two points. Added 2013, No. 135 (Adj. Sess.), § 7; amended 2015, No. 108 (Adj. Sess.), § 7; 2017, No. 86 (Adj. Sess.), § 15; 2025, No. 18, § 42, eff. May 13, 2025.

23 V.S.A. § 1135 Trespass by motor vehicle

1135. Trespass by motor vehicle (a) A person commits the offense of trespass by motor vehicle if the person, knowing that he or she is not privileged to do so: (1) operates a motor vehicle and obstructs a private driveway, barway, or gateway; or (2) operates a motor vehicle and travels over a private road that is so marked or travels over other private lands; or (3) operates a motor vehicle on any land that is owned or held by the State: (A) that is not a place or trail specifically designated and marked by the Secretary of Natural Resources for use by motor vehicles; or (B) contrary to any rule governing the use of the place or trail. (b) A person who violates this section shall be assessed a civil penalty of not more than $100.00 for each offense or, if the violation results in damage to property, the person shall be assessed a civil penalty of not more than $175.00 for each offense. (c) As used in this section, “motor vehicle” does not include an all-terrain vehicle or snowmobile. (d) This section shall not apply to any highway open to the public. Added 1989, No. 247 (Adj. Sess.), § 2; amended 2019, No. 131 (Adj. Sess.), § 186.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/23/013Fetched: 10/21/2026