Use of Roadway

V.S.A. tit. 23, ch. 13, subch. 3

in effect

23 V.S.A. § 1031 Driving to right

1031. Driving to right (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) when an obstruction exists making it necessary to drive to the left of the center of the highway, provided any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) upon a roadway restricted to one-way traffic. (b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subdivision (a)(2) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an intersecting highway, an alley, private road, or driveway when authorized. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1032 Passing vehicles proceeding in opposite directions

1032. Passing vehicles proceeding in opposite directions Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1033 Passing motor vehicles and vulnerable users

1033. Passing motor vehicles and vulnerable users (a) Passing motor vehicles generally. Motor vehicles proceeding in the same direction may be overtaken and passed only as follows: (1) The driver of a motor vehicle overtaking another motor vehicle proceeding in the same direction may pass to its left at a safe distance and when so doing shall exercise due care, shall not pass to the left of the center of the highway except as authorized in section 1035 of this title, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken motor vehicle shall give way to the right in favor of the overtaking motor vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. (b) Approaching or passing vulnerable users. The individual operating a motor vehicle approaching or passing a vulnerable user as defined in subdivision 4(81) of this title shall exercise due care, which includes reducing speed and increasing clearance to a distance of at least four feet, to pass the vulnerable user safely, and shall cross the center of the highway only as provided in section 1035 of this title. An individual who violates this subsection shall be subject to a civil penalty of not less than $200.00. (c) Approaching or passing certain stationary vehicles. The individual operating a motor vehicle approaching or passing a stationary sanitation, maintenance, utility, or delivery vehicle with flashing lights shall exercise due care, which includes reducing speed and increasing clearance to a recommended distance of at least four feet, to pass the vehicle safely, and shall cross the center of the highway only as provided in section 1035 of this title. An individual who violates this subsection shall be subject to a civil penalty of not less than $200.00. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2009, No. 114 (Adj. Sess.), § 2; 2015, No. 158 (Adj. Sess.), § 39; 2017, No. 158 (Adj. Sess.), § 40; 2023, No. 165 (Adj. Sess.), § 44, eff. July 1, 2024.

23 V.S.A. § 1034 Passing on the right

1034. Passing on the right (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only as follows: (1) when the vehicle overtaken is making or about to make a left turn; (2) upon a street or highway of sufficient width for two or more lines of moving vehicles in one or more directions and with unobstructed pavement not occupied by parked vehicles; or (3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. (b) In no event may a vehicle be passed by driving off the pavement or main-traveled portion of the roadway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1035 Limitations

1035. Limitations (a) A vehicle shall not be driven to the left side of the center of the roadway in overtaking and passing another vehicle or a vulnerable user proceeding in the same direction unless authorized by the provisions of this chapter and unless the left side is clearly visible and free of oncoming traffic and vulnerable users for a sufficient distance ahead to permit overtaking and passing to be completed without interfering with the operation of any vehicle or with any vulnerable user approaching from the opposite direction, or with the operation of any vehicle or with any vulnerable user overtaken. In every event, the overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, if the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle or a vulnerable user. (b) A vehicle shall not pass another from the rear under any of the following conditions: (1) when approaching or upon the crest of a grade or upon a curve in the highway where the driver’s view is in any way obstructed; (2) when approaching within 100 feet of, or traversing, any intersection or railroad grade crossing unless otherwise indicated by official traffic control devices; or (3) when the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel. (c) The foregoing limitations do not apply upon a one-way roadway, or when subdivision 1031(a)(2) of this title applies, or where a vehicle is turning left into an alley, private road, or driveway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1995, No. 73 (Adj. Sess.), § 2; 2015, No. 158 (Adj. Sess.), § 40.

23 V.S.A. § 1036 No-passing zones

1036. No-passing zones (a) The Traffic Committee is authorized to determine those portions of any highway under its jurisdiction where overtaking and passing or driving on the left side of the roadway would be especially hazardous and may by appropriate signs indicate the beginning and end of the zones, and when the signs are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions. (b) Where signs are in place to define a no-passing zone as set forth in subsection (a) of this section, no driver shall at any time drive to the left of the center of the roadway within the no-passing zone. (c) Restrictions imposed under this section do not apply when subdivision 1031(a)(2) of this title applies or where a vehicle is turning left into an alley, private road, or driveway. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1037 One-way roadways and rotaries

1037. One-way roadways and rotaries (a) The Traffic Committee may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof. (b) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated. (c) A vehicle passing around a rotary traffic island shall be driven only to the right of the island. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1038 Driving on roadways laned for traffic

1038. Driving on roadways laned for traffic Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules shall apply in addition to all others consistent therewith: (1) A vehicle shall only be driven, as nearly as practicable, entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety. (2) Upon a roadway that is divided into three lanes and provides for two-way movement of traffic, a vehicle may be driven in the center lane only when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by official traffic-control devices. (3) Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of the signs. (4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of these devices. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1039 Following too closely, crowding, and harassment

1039. Following too closely, crowding, and harassment (a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and the conditions of, the highway. The operator of a vehicle shall not, in a careless or imprudent manner, approach, pass, or maintain speed unnecessarily close to a vulnerable user as defined in subdivision 4(81) of this title, and an occupant of a vehicle shall not throw any object or substance at a vulnerable user. (b) The driver of any vehicle, when traveling upon a roadway outside a business or residential district and that is following another vehicle, shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger, except that this shall not prevent a vehicle from overtaking and passing any other vehicle. (c) Vehicles being driven upon any roadway in a caravan or motorcade, other than a funeral procession, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy the space without danger. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 2009, No. 114 (Adj. Sess.), § 3.

23 V.S.A. § 1040 Driving on divided highways

1040. Driving on divided highways Whenever any highway is divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle may be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any dividing space, barrier, or section. A vehicle may be driven through an opening in a physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically prohibited by public authority. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1041 Restricted access roadways

1041. Restricted access roadways No person may drive a vehicle onto or from any controlled-access roadway except at entrances and exits established by public authority. Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973.

23 V.S.A. § 1042 Restricting the use of town highways

1042. Restricting the use of town highways (a) The legislative body of a municipality may, with the approval of the Secretary of Transportation, designate highways and bridges under its control, except for class 1 town highways, for use by specified types of motor vehicles based on volume and type of traffic and character of the neighborhood. However, when the legislative body of a municipality requests in writing, the Secretary of Transportation may set the weight limit on a class 1 town highway at less than the State highway limit under section 1392 of this title if a reasonable alternative route is available for those vehicles traveling at the State highway limit. When a highway or bridge has been so restricted, signs shall be placed in accordance with the provisions of section 1397 of this title. (b) In making the determination as to whether a reasonable alternative route is available, the Secretary of Transportation shall, at a minimum, consider the following factors: (1) whether the alternative routing will reduce or relieve traffic congestion in a downtown area; (2) whether the alternative routing will enhance safety; (3) the length of the alternative route and any increase in time made necessary by use of the alternative route; and (4) whether an adverse effect has been created relative to the quiet enjoyment and property values of persons living along the alternative route. (c) Any decision of the Secretary made under this section may be appealed, in writing, to the Transportation Board within 30 days after the Secretary’s decision. The Transportation Board shall decide the question within 45 days after receipt of the appeal and may take evidence or testimony. (d) [Repealed.] Added 1989, No. 121, § 20b, eff. June 22, 1989; amended 1995, No. 119 (Adj. Sess.), § 3; 1999, No. 154 (Adj. Sess.), § 16; 2007, No. 164 (Adj. Sess.), § 63; 2019, No. 131 (Adj. Sess.), § 175; 2021, No. 20, § 239; 2021, No. 105 (Adj. Sess.), § 418, eff. July 1, 2022; 2023, No. 85 (Adj. Sess.), § 284, eff. July 1, 2024.

23 V.S.A. § 1043 Operation of neighborhood electric vehicles

1043. Operation of neighborhood electric vehicles (a) Except as provided in subsections (b) and (c) of this section, the operator of a neighborhood electric vehicle may not operate the vehicle on a highway with a speed limit in excess of 35 miles per hour. (b) The Traffic Committee for State highways or the legislative body of a municipality for town highways may prohibit the use of neighborhood electric vehicles on highways under their jurisdiction when deemed to be in the interest of public safety. (c)(1) The operator of a neighborhood electric vehicle may cross a highway that has a speed limit of 50 miles per hour or less if the crossing begins and ends on a highway authorized for use by these vehicles and there is an intersection that is controlled by traffic control signals. (2) Notwithstanding the provisions of this subsection, the Traffic Committee or the legislative body of a municipality may prohibit the operator of a neighborhood electric vehicle from traversing an intersection under their respective jurisdictions when the prohibition is deemed to be in the best interests of public safety. A prohibition shall become effective when appropriate signs giving notice are erected at the crossing. (d) [Repealed.] Added 2003, No. 8, § 3; amended 2013, No. 89, § 23; 2019, No. 131 (Adj. Sess.), § 176.

23 V.S.A. § 1044 Operation of kei vehicles

1044. Operation of kei vehicles (a) A kei vehicle registered as a pleasure car shall be subject to all provisions of this title that are applicable to pleasure cars. (b) A kei truck registered as a farm truck shall be subject to all provisions of this title that are applicable to farm trucks. (c) The Traffic Committee and political subdivisions of this State shall not adopt any rules or ordinances that would have the effect of prohibiting: (1) a kei vehicle that is registered as a pleasure car from being operated in the same manner and locations as other pleasure cars; and (2) a kei truck that is registered as a farm truck from being operated in the same manner and locations as other farm trucks. Added 2025, No. 153 (Adj. Sess.), § 21, eff. July 1, 2026.

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