Vermont Statutes Title 23 Sec. 1099
Terms Used In Vermont Statutes Title 23 Sec. 1099
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated final adjudication of guilt, or a final determination 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. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
- Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
- Portable electronic device: means a portable electronic or computing device, including a cellular telephone, personal digital assistant (PDA), or laptop computer. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1099. Texting prohibited
(a) As used in this section, “texting” means the reading or the manual composing or sending of electronic communications, including text messages, instant messages, or e-mails, using a portable electronic device as defined in subdivision 4(82) of this title. Use of a global positioning or navigation system shall be governed by section 1095b of this title.
(b)(1) An individual shall not engage in texting while operating a moving motor vehicle in a place open temporarily or permanently to public or general circulation of vehicles.
(2) In addition, an individual shall not engage in texting while operating a motor vehicle on a public highway in Vermont, including while the vehicle is stationary, unless otherwise provided under this section. As used in this subdivision (b)(2):
(A) “Public highway” means a State or municipal highway as defined in 19 V.S.A. § 1(12).
(B) “Operating” means operating a motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other temporary delays. “Operating” does not include operating a motor vehicle with or without the motor running when the operator has moved the vehicle to the side of or off the public highway and has halted in a location where the vehicle can safely and lawfully remain stationary.
(c)(1) An individual who violates this section commits a traffic violation as defined in section 2302 of this title and shall be subject to a civil penalty of not less than $100.00 and not more than $200.00 for a first violation, and of not less than $250.00 and not more than $500.00 for a second or subsequent violation within any two-year period.
(2) An individual convicted of violating this section while operating within the following areas shall be subject to a civil penalty of not less than $200.00 and not more than $400.00 for a first violation, and of not less than $500.00 and not more than $1,000.00 for a second or subsequent violation within any two-year period and shall have four points assessed against his or her driving record for a first conviction and five points assessed for a second or subsequent conviction:
(A) a properly designated work zone in which construction, maintenance, or utility personnel are present; or
(B) a school zone marked with warning signs conforming to the Manual on Uniform Traffic Control Devices.
(3) An individual convicted of violating this section outside the areas designated in subdivision (2) of this subsection shall have two points assessed against his or her driving record. (Added 2009, No. 150 (Adj. Sess.), § 2, eff. June 1, 2010; amended 2013, No. 57, § 24; 2015, No. 50, § 13; 2019, No. 149 (Adj. Sess.), § 34.)