Vermont Statutes Title 23 Sec. 4125
Terms Used In Vermont Statutes Title 23 Sec. 4125
- Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property that:
- Mobile telephone: means a mobile communication device that falls under or uses any commercial mobile radio service, as defined under 47 C. 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
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- Texting: includes short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. See
§ 4125. Texting violations; handheld mobile telephone violations
(a) Definitions. As used in this section, “driving” means operating a commercial motor vehicle on a public highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. “Driving” does not include operating a commercial motor vehicle with or without the motor running when the operator has moved the vehicle to the side of or off a highway and has halted in a location where the vehicle can safely remain stationary.
(b) General prohibition on texting.
(1) No operator shall engage in texting while driving a commercial motor vehicle.
(2) Texting while driving is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(3) No person may be issued traffic complaints alleging a violation of this section and a violation of section 1099 of this title from the same incident.
(c) General prohibition on use of handheld mobile telephones.
(1) No operator shall use a handheld mobile telephone while driving a commercial motor vehicle.
(2) Use of a handheld mobile telephone is permissible by operators of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(d) Motor carriers.
(1) A motor carrier shall not allow or require its drivers to engage in texting while driving a commercial motor vehicle.
(2) A motor carrier shall not allow or require its drivers to use a handheld mobile telephone while driving a commercial motor vehicle. (Added 2013, No. 20, § 1; amended 2019, No. 131 (Adj. Sess.), § 254.)