§ 603. Application for and issuance of license

(a)(1) The Commissioner or his or her authorized agent may license operators and junior operators when an application, on a form prescribed by the Commissioner, signed and sworn to by the applicant for the license, is filed with him or her, accompanied by the required license fee and any valid license from another state or Canadian jurisdiction is surrendered.

(2) The Commissioner may, however, in his or her discretion, refuse to issue a license to any person whenever he or she is satisfied from information given him or her by credible persons, and upon investigation, that the person is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. A person refused a license under the provisions of this subsection shall be entitled to hearing as provided in sections 105-107 of this title.

(3) Any new or renewal application form shall include a space for the applicant to request that a “veteran” designation be placed on his or her license certificate. An applicant who requests the designation shall provide a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner.

(4) Any new or renewal application form shall provide for and request the information required in 17 V.S.A. § 2145a.

(b) Before issuing an operator‘s license, junior operator‘s license, or learner’s permit to an applicant, the Commissioner shall obtain driving record information through the National Driver Register and from each state in which the person has been licensed or has been issued a learner’s permit.

(c) An operator’s license, junior operator’s license, or learner’s permit shall not be issued to an applicant whose license, learner’s permit, or privilege to operate is suspended, revoked, or canceled in any jurisdiction.

(d) Except as provided in subsection (e) of this section:

(1) A citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator’s license, junior operator’s license, or learner’s permit.

(2) An operator’s license, junior operator’s license, or learner’s permit issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay.

(e)(1) A citizen of a foreign country unable to establish legal presence in the United States who furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and who satisfies all other requirements of this chapter for obtaining a license or permit, shall be eligible to obtain an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card.

(2) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s name, date of birth, and place of birth. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept a combination of two or more of the following documents to establish the name, date of birth, and place of birth of an applicant:

(A) a valid foreign passport, with or without a U.S. Customs and Border Protection entry form or stamp;

(B) a valid consular identification document issued by the government of Mexico or of Guatemala or by any other government with comparable security standards and protocols, as determined by the Commissioner; and

(C) a certified record of the applicant’s birth, marriage, adoption, or divorce, including a translation if necessary.

(3) The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept the following combinations of documents as proof of Vermont residence:

(A)(i) two pieces of mail received by the applicant within the prior 30 days with the applicant’s current name and residential Vermont address; and

(ii) at least one of the documents specified in subdivision (B) of this subdivision (3); or

(B) two of the following that show name and residential Vermont address:

(i) a vehicle title or registration;

(ii) a document issued by a financial institution, such as a bank statement;

(iii) a document issued by an insurance company or agent, such as an insurance card, binder, or bill;

(iv) a document issued by an educational institution, such as a transcript, report card, or enrollment confirmation;

(v) federal tax documents, such as W-2 or 1099 forms;

(vi) State tax documents, such as an IN-111; and

(vii) medical health records, receipts, or bills.

(f) Persons able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an operator’s privilege card, a junior operator’s privilege card, or a learner’s privilege card, provided the applicant furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and satisfies all other requirements of this chapter for obtaining a license or permit. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant’s Vermont residence and his or her name, date of birth, and place of birth.

(g) The Commissioner may adopt policies or rules related to the issuance of privilege cards under this section that balance accessibility with mechanisms to prevent fraud. The Commissioner shall consider adopting the appointment system procedures used in other states to prevent and deter fraud with regard to proof of residency.

(h) A privilege card issued under this section shall:

(1) on its face bear the phrase “privilege card” and text indicating that it is not valid for federal identification or official purposes; and

(2) expire at midnight on the eve of the second birthday of the applicant following the date of issuance or, at the option of an applicant for an operator’s privilege card and upon payment of the required four-year fee, at midnight on the eve of the fourth birthday of the applicant following the date of issuance.

(i) Every applicant for or holder of a privilege card under this section shall be subject to all of the provisions of this title that apply to applicants and holders of operator’s licenses, junior operator’s licenses, and learner permits, except where the context clearly requires otherwise. (Amended 1987, No. 62, § 3; 1989, No. 84, § 4; 1995, No. 70 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 1997, No. 55, § 6, eff. June 26, 1997; 2003, No. 109 (Adj. Sess.), § 3; 2003, No. 154 (Adj. Sess.), § 16; 2007, No. 61, § 5; 2011, No. 46, § 5, eff. Jan. 1, 2012; 2013, No. 57, § 14; 2013, No. 74, § 1, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 8; 2015, No. 80 (Adj. Sess.), § 5, eff. July 1, 2017; 2015, No. 158 (Adj. Sess.), § 80; 2017, No. 71, § 9, eff. June 8, 2017; 2017, No. 71, § 10; 2021, No. 105 (Adj. Sess.), § 414, eff. July 1, 2022.)