Vermont Statutes Title 23 Sec. 4120
Terms Used In Vermont Statutes Title 23 Sec. 4120
- Conviction: A judgement of guilt against a criminal defendant.
- 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. See
- Disqualification: means :
- Driver: means any individual 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's license. See
- 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 an individual to drive a commercial motor vehicle. 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
- 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. See
- State: means a state, territory, or possession of the United States, the District of Columbia, the Republic of Mexico, and any Canadian province. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 4120. Penalties
(a) Notwithstanding any other provision of law to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a penalty for a first conviction or for a second or subsequent conviction at the applicable minimum level set forth in 49 C.F.R. § 383.53(b)(1), in addition to disqualification under this chapter.
(b) Any employer who violates an out-of-service order, or who knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty for a first conviction or for a second or subsequent conviction at the applicable minimum level set forth in 49 C.F.R. § 383.53(b)(2).
(c) The fine imposed for a speeding violation of a commercial motor vehicle operating in excess of 15 miles per hour over the legally posted speed limit on any State or town highway shall be one and one-half times the fine imposed for a speeding violation in other vehicles. (Added 1995, No. 84 (Adj. Sess.), § 4, eff. Oct. 1, 1996; amended 1999, No. 154 (Adj. Sess.), § 23; 2005, No. 166 (Adj. Sess.), § 5; 2009, No. 152 (Adj. Sess.), § 8.)