BILL AS INTRODUCED H.761
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1 H.761
2 Introduced by Representatives Smith of Derby, Andrews of Westford,
3 Anthony of Barre City, Arrison of Weathersfield, Bartley of
4 Fairfax, Beck of St. Johnsbury, Berbeco of Winooski, Bongartz
5 of Manchester, Boyden of Cambridge, Branagan of Georgia,
6 Brennan of Colchester, Canfield of Fair Haven, Carroll of
7 Bennington, Chesnut-Tangerman of Middletown Springs,
8 Christie of Hartford, Clifford of Rutland City, Cole of Hartford,
9 Corcoran of Bennington, Cordes of Lincoln, Demar of
10 Enosburgh, Dickinson of St. Albans Town, Elder of Starksboro,
11 Farlice-Rubio of Barnet, Galfetti of Barre Town, Goslant of
12 Northfield, Graham of Williamstown, Gregoire of Fairfield,
13 Hango of Berkshire, Harrison of Chittenden, Higley of Lowell,
14 Hooper of Randolph, Hooper of Burlington, Howard of Rutland
15 City, Labor of Morgan, Laroche of Franklin, Lipsky of Stowe,
16 Logan of Burlington, Masland of Thetford, Mattos of Milton,
17 McFaun of Barre Town, McGill of Bridport, Morgan of Milton,
18 Morris of Springfield, Morrissey of Bennington, Oliver of
19 Sheldon, Page of Newport City, Parsons of Newbury, Patt of
20 Worcester, Peterson of Clarendon, Satcowitz of Randolph, Sims
21 of Craftsbury, Small of Winooski, Taylor of Milton,
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1 Templeman of Brownington, Toof of St. Albans Town, Torre of
2 Moretown, Troiano of Stannard, Walker of Swanton, Williams
3 of Granby, and Wilson of Lyndon
4 Referred to Committee on
5 Date:
6 Subject: Motor vehicles; distracted driving; portable electronic devices; work
7 zones; school zones; texting; civil penalties; point assessments;
8 diversion program
9 Statement of purpose of bill as introduced: This bill proposes to change the
10 penalties and point assessments for violating laws governing the use of a
11 portable electronic device, including for texting, while operating a moving
12 motor vehicle on a highway and to establish the Distracted Driving Diversion
13 Program.
14 An act relating to penalties and point assessments for using a portable
15 electronic device while operating a moving motor vehicle and the Distracted
16 Driving Diversion Program
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 * * * Use of Portable Electronic Devices * * *
19 Sec. 1. 23 V.S.A. § 1095a is amended to read:
20 § 1095a. JUNIOR OPERATOR USE OF PORTABLE ELECTRONIC
21 DEVICES
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1 ***
2 (d)(1) An individual who violates this section commits a traffic violation as
3 defined in section 2302 of this title and shall be subject to a civil penalty of not
4 less than $100.00 $25.00 and not more than $200.00 $50.00 for a first
5 violation, and of not less than $250.00 $50.00 and not more than $500.00
6 $75.00 for a second or subsequent violation within any two-year period.
7 (2) An individual convicted of violating this section while operating
8 within the following areas shall be subject to a civil penalty of not less than
9 $200.00 and not more than $400.00 for a first violation, and of not less than
10 $500.00 and not more than $1,000.00 for a second or subsequent violation
11 within any two-year period and shall have four five points assessed against his
12 or her the individual’s driving record for a first violation and five points
13 assessed for a second or subsequent violation:
14 (A) a properly designated work zone in which construction,
15 maintenance, or utility personnel are present; or
16 (B) a school zone marked with warning signs conforming to the
17 Manual on Uniform Traffic Control Devices.
18 (3) An individual convicted of violating this section outside the areas
19 designated in subdivision (2) of this subsection shall have two points assessed
20 against his or her driving record. [Repealed.]
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1 Sec. 2. 23 V.S.A. § 1095b is amended to read:
2 § 1095b. HANDHELD USE OF PORTABLE ELECTRONIC DEVICE
3 PROHIBITED
4 ***
5 (c) Penalties.
6 (1) An individual who violates this section commits a traffic violation as
7 defined in section 2302 of this title and shall be subject to a civil penalty of not
8 less than $100.00 and not more than $200.00 $250.00 and shall have four
9 points assessed against the individual’s driving record for a first violation, and
10 shall be subject to a civil penalty of not less than $250.00 and not more than
11 $500.00 and shall have five points assessed against the individual’s driving
12 record for a second or subsequent violation within any two-year period.
13 (2) An individual convicted of violating this section while operating
14 within the following areas shall be subject to a an additional civil penalty of
15 not less than $200.00 and not more than $400.00 for a first violation, and of
16 not less than $500.00 and not more than $1,000.00 for a second or subsequent
17 violation within any two-year period $250.00 and shall have four an additional
18 five points assessed against his or her the individual’s driving record for a first
19 conviction and five points assessed for a second or subsequent conviction:
20 (A) a properly designated work zone in which construction,
21 maintenance, or utility personnel are present; or VT LEG #372692 v.2
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1 (B) a school zone marked with warning signs conforming to the
2 Manual on Uniform Traffic Control Devices.
3 (3) An individual convicted of violating this section outside the areas
4 designated in subdivision (2) of this subsection shall have two points assessed
5 against his or her driving record. [Repealed.]
6 ***
7 Sec. 3. 23 V.S.A. § 1099 is amended to read:
8 § 1099. TEXTING PROHIBITED
9 ***
10 (c)(1) An individual who violates this section commits a traffic violation as
11 defined in section 2302 of this title and shall be subject to a civil penalty of not
12 less than $100.00 and not more than $200.00 $250.00 and shall have four
13 points assessed against the individual’s driving record for a first violation, and
14 shall be subject to a civil penalty of not less than $250.00 and not more than
15 $500.00 and shall have five points assessed against the individual’s driving
16 record for a second or subsequent violation within any two-year period.
17 (2) An individual convicted of violating this section while operating
18 within the following areas shall be subject to a an additional civil penalty of
19 not less than $200.00 and not more than $400.00 for a first violation, and of
20 not less than $500.00 and not more than $1,000.00 for a second or subsequent
21 violation within any two-year period $250.00 and shall have four an additional VT LEG #372692 v.2
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1 five points assessed against his or her the individual’s driving record for a first
2 conviction and five points assessed for a second or subsequent conviction:
3 (A) a properly designated work zone in which construction,
4 maintenance, or utility personnel are present; or
5 (B) a school zone marked with warning signs conforming to the
6 Manual on Uniform Traffic Control Devices.
7 (3) An individual convicted of violating this section outside the areas
8 designated in subdivision (2) of this subsection shall have two points assessed
9 against his or her driving record Notwithstanding subsection 2502(b) of this
10 title, an individual who causes a crash resulting in property damage, injury, or
11 death because the individual violated this section shall be subject to a civil
12 penalty of not less than $500.00 and shall have 10 points assessed against the
13 individual’s driving record.
14 Sec. 4. 23 V.S.A. § 4125 is amended to read:
15 § 4125. TEXTING VIOLATIONS; HANDHELD MOBILE TELEPHONE
16 VIOLATIONS
17 ***
18 (b) General prohibition on texting.
19 ***
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1 (3) No person operator may be issued traffic complaints alleging a
2 violation of this section and a violation of section 1099 of this title from the
3 same incident.
4 ***
5 (e) Penalties.
6 (1) An operator who violates this section commits a traffic violation as
7 defined in section 2302 of this title and shall be subject to a civil penalty of not
8 less than $500.00 and shall have five points assessed against the individual’s
9 driving record.
10 (2) An operator convicted of violating this section while operating
11 within the following areas shall have an additional five points assessed against
12 the individual’s driving record:
13 (A) a properly designated work zone in which construction,
14 maintenance, or utility personnel are present; or
15 (B) a school zone marked with warning signs conforming to the
16 Manual on Uniform Traffic Control Devices.
17 * * * Point Assessments * * *
18 Sec. 5. 23 V.S.A. § 2502(a) is amended to read:
19 (a) Unless the assessment of points is waived by a Superior judge or a
20 Judicial Bureau hearing officer in the interests of justice and in accordance
21 with subsection 2501(b) of this title, a person an individual operating a motor VT LEG #372692 v.2
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1 vehicle shall have points assessed against his or her the individual’s driving
2 record for convictions for moving violations of the indicated motor vehicle
3 statutes in accord with the following schedule: (All references are to this title
4 of the Vermont Statutes Annotated.)
5 (1) Two points assessed for:
6 ***
7 (LL)(i) § 1095. Entertainment picture visible
8 to operator;
9 (ii) § 1095a(d)(3). Junior operator use of
10 portable electronic device
11 outside work or school zone;
12 (iii) § 1095b(c)(3). Use of portable electronic
13 device outside work or school
14 zone;
15 (MM) § 1099(c)(3). Texting outside work or
16 school zone; [Repealed.]
17 ***
18 (3) Four points assessed for:
19 ***
20 (E) § 1095a(d)(2). Junior operator use of
21 portable electronic device in
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1 work or school zone—first
2 offense;
3 (F) § 1095b(c)(2)(1). Use Handheld use of portable
4 electronic device in outside work or
5 school zone—first offense violation;
6 (G)(F) § 1099(c)(2)(1). Texting in outside work or school
7 zone—first offense violation;
8 (G) [Repealed.]
9 (4) Five points assessed for:
10 ***
11 (C) § 1099(c)(2)(1). Texting in outside work or school
12 zone—second and subsequent offense
13 violations;
14 (D) § 1095a(d)(2). Junior operator use of portable
15 electronic device in work or school
16 zone—second and subsequent offenses;
17 (E) § 1095b(c)(2)(1). Use Handheld use of portable
18 electronic device in outside work or
19 school zone—second and subsequent
20 offenses violations;
21 (F) § 4125(e)(1). Texting violations; handheld mobile VT LEG #372692 v.2
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1 telephone violations outside work or
2 school zone;
3 (5) Nine points assessed for:
4 (A) § 1095b(c)(2). Handheld use of portable electronic
5 device in work or school zone—
6 first violation;
7 (B) § 1099(c)(2). Texting in work or school zone—
8 first violation;
9 (6) Ten points assessed for:
10 ***
11 (F) § 1095b(c)(2). Handheld use of portable electronic
12 device in work or school zone—
13 second and subsequent violations;
14 (G) § 1099(c)(2). Texting in work or school zone—
15 second and subsequent violations;
16 (H) § 1099(c)(3). Texting—crash resulting;
17 (I) § 4125(e)(2). Texting violations; handheld mobile
18 telephone violations in work or
19 school zone;
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1 (6)(7) Two points assessed for sections 1003 and 1007. State speed
2 zones and local speed limits, less than 10 miles per hour over and in excess of
3 speed limit.
4 (7)(8) Three points assessed for sections 1003 and 1007. State speed
5 zones and local speed limits, more than 10 miles per hour over and in excess of
6 speed limit.
7 (8)(9) Five points assessed for sections 1003 and 1007. State speed
8 zones and local speed limits, more than 20 miles per hour over and in excess of
9 speed limit.
10 (9)(10) Eight points assessed for sections 1003 and 1007. State speed
11 zones and local speed limits, more than 30 miles per hour over and in excess of
12 the speed limit.
13 * * * Recall of Learner’s Permit or Junior Operator’s License * * *
14 Sec. 6. 23 V.S.A. § 607a(a) is amended to read:
15 (a) A learner’s permit or junior operator’s license shall contain an
16 admonition that it is recallable and that the later procurement of an operator’s
17 license is conditional on the establishment of a record that is satisfactory to the
18 Commissioner and showing compliance with the motor vehicle laws of this
19 and other states. The Commissioner may recall any permit or license issued to
20 a minor whenever he or she the Commissioner is satisfied, from information
21 provided by a credible person individual and upon investigation, that the VT LEG #372692 v.2
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1 operator is mentally or physically unfit or, because of his or her the operator’s
2 habits or record as to crashes or convictions, is unsafe to be trusted with the
3 operation of motor vehicles. On recommendation of a diversion or reparative
4 board, the Commissioner may recall the learner’s