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Terms Used In Vermont Statutes Title 23 Sec. 1134b

  • 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
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See

§ 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;

(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.)