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H.97 ~ Graduated License Bulletin
H-97 ~ An Act
Relating To A Graduated Driver License Program
The following is a description and explanation of the provisions of
H.97 ~ An Act Relating To A Graduated Driver License Program:
Section I: Effective Date
This act shall take effect on July 1, 2000, and its provisions shall
only apply to those individuals who obtained a Learner’s Permit on or after July 1,
2000, and not to Learner Permits and Junior Operator Licenses that are in force on
July 1, 2000.
Section II:
Prior to July 1, 2000
Individuals who obtain a Learner's Permit prior to July 1,
2000, are completely exempt from all of the provisions
of H.97, including the Junior Operator provisions and requirements. These
individuals are, in a sense, 'grand-fathered' from all of the provisions of H.97.
Section III:
On or After July 1, 2000
Individual's who obtain a Learner's Permit on or after July 1,
2000, are subject to all of the provisions of H.97, which are indicated below:
 | An individual fifteen (15) years of age or older may operate a motor
vehicle if they hold a valid Learner’s Permit and are accompanied by one (1) of the
following people in the vehicle, who is riding beside the driver: |
 | Licensed and unimpaired parent or guardian, |
| Licensed or certified and unimpaired driver education instructor, |
| Licensed and unimpaired individual who is at least twenty-five (25)
years of age |
[This changes the minimum age of the licensed
parent/guardian/certified driver education instructor from eighteen (18) to twenty-five
(25).]
| To apply for a Learner’s Permit, an individual must have
maintained a ‘clean’ driving record in the previous two (2) years. If an
individual is convicted of any of the following offenses, they cannot apply for a
Learner’s Permit until two (2) years from the date of conviction
have passed. If the conviction resulted in a recall, suspension or revocation, they cannot
apply for a Learner’s Permit until two (2) years from the date of reinstatement
have passed. Those offenses are: |
CA1 – CA4, CB1, CB2, CIV, CN, CNF, CRI, CT1 - CT5, CX1 - CX5,
DA1 – DA4, DD1 – DD5, DLD, DLS, DTE, DUP, DWD, DWI, DW1 – DW5, DX1 –
DX5, GL, GN, GNF, GNI, GN2, JR1, JR2, JRR, JRS, LIF, LSA, NEF, NEG, NE2, NL, OCA, OOC,
OSC, RD, REF, RE2, RE3, ROO, TR, TR2 – TR5, 21A - 21D
| An individual must possess a Learner's Permit for at least one (1)
year prior to obtaining a Junior Operator’s License. The individual must also pass a
driver education course. |
| Prior to obtaining a Junior Operator’s License, an individual
must complete an additional forty (40) hours of practice behind the wheel, with at
least ten (10) hours being nighttime driving, while accompanied by one (1) of the
following people in the vehicle, who is riding beside the driver: |
| Licensed and unimpaired parent or guardian, |
| Licensed or certified and unimpaired driver education instructor, |
| Licensed and unimpaired individual who is at least twenty-five (25)
years of age |
Proof of this additional practice must be submitted to DMV at the
time of application for a Junior Operator’s License, on a form provided by DMV and
certified by one of the individual’s indicated above. A new form, TA-VN-210 ~ Driving
Practice Log Sheet, has been created for this purpose. This form will soon be available on
the DMV website and from the DMV Stockroom. This form will also be placed in the Vermont
Driver’s Manual upon our next order. A ‘homemade’ form will be acceptable
provided it contains all of the required information. A copy of this form is attached.
| An individual must have maintained a ‘clean’ driving record
without any Learner’s Permit recalls, suspensions or revocations for a six (6) month
period prior to obtaining a Junior Operator’s License. |
| While holding a Junior Operator’s License, the individual may not
operate a vehicle in the course of their employment for one (1) year following the
issuance of the Junior Operator’s License. For example, if the individual works at a
pizza establishment, they cannot act as a pizza delivery person (driver) until they have
had their Junior Operator’s License for one (1) year, or until they reach the age of
eighteen (18) [whichever comes first], at which time they will become eligible for an
Operator’s License. |
| While holding a Junior Operator’s License, the individual may
not carry passengers for hire for one (1) year following the issuance of the Junior
Operator’s License. For example, the individual cannot act as a taxi driver until
they have had their Junior Operator’s License for one (1) year, or until they reach
the age of eighteen (18) [whichever comes first], at which time they will become eligible
for an Operator’s License. |
Section IV: Junior Operator’s License
~ Passenger Restrictions
| During the first three (3) months of operation under a Junior
Operator’s License, the individual is restricted to driving alone, or with one (1) of
the following people in the vehicle, who is riding beside the driver: |
| Licensed and unimpaired parent or guardian, |
| Licensed or certified and unimpaired driver education instructor, |
| Licensed and unimpaired individual who is at least twenty-five (25)
years of age |
If the driver has one (1) of the above mentioned individual’s
in the vehicle with them, there is no restriction on the number of passengers they can
transport in the vehicle. However, the driver is not allowed to transport
more passengers than there are safety belts.
(The driver still cannot act as, for example, a pizza delivery
person, or as taxi driver until they have had their Junior Operator’s License for one
(1) year, or until they reach the age of eighteen (18) [whichever comes first].)
| During the second three (3) months of operation under a Junior
Operator’s License, the individual may begin transporting family members in
the front seat. (The family member in the front seat is not required to be one of the
individuals indicated above.) |
(The driver still cannot transport more passengers than there are
safety belts.)
(The driver still cannot act as, for example, a pizza delivery
person, or as taxi driver until they have had their Junior Operator’s License for one
(1) year, or until they reach the age of eighteen (18) [whichever comes first].)
| After holding a Junior Operator’s License for six (6) months,
there are no passenger restrictions. |
(The driver still cannot transport more passengers than there are
safety belts.)
(The driver still cannot act as, for example, a pizza delivery, or
as taxi driver until they have had their Junior Operator’s License for one (1) year,
or until they reach the age of eighteen (18) [whichever comes first].)
Section V:
Obtaining An Operator’s License
An individual must be eighteen (18) years of age to obtain an
Operator’s License, and must have not had any recalls, suspensions or
revocations during the previous six (6) month period.
| If the individual receives any license/permit recall, suspension or
revocation, they must maintain a ‘clean’ driving record six (6) months from the
date of reinstatement/restoration before they can apply for an Operator’s License. |
Section VI:
Out-of-State Learner Permits
When an individual who has a Junior Operator’s License from
another state applies for a Vermont Junior Operator’s License, a PDPS Driver History
will be requested to, among other things, verify when the Junior Operator’s License
was issued in that state.
In order to be exempt from the driving restrictions and provisions
of H.97, the individual must have held a Junior Operator’s License in the other state
for a period of at least six (6) months. If that is the case, the individual will be given
a photocopy of their surrendered out-of-state Junior Operator’s License to keep with
their Vermont issued Junior Operator’s License. The individual will be exempt from
the driving restrictions and provisions of H.97 as long as they keep the photocopy of the
out-of-state Junior Operator’s License with them, which shall serve as proof the
individual had their out-of-state Junior Operator’s License for a period of at least
six (6) months.
If the individual has not held an out-of-state Junior
Operator’s License for at least six (6) months, the individual will be advised to
keep their out-of-state Junior Operator’s License until six (6) months from the date
of issuance (in the other state) has passed. At that time, the individual may surrender
his/her out-of-state Junior Operator’s License for a Vermont issued Junior
Operator’s License and will be exempt from the driving restrictions and provisions of
H.97.
If the individual does not wish to keep their out-of-state Junior
Operator’s License until six (6) months have passed, a Vermont Junior Operator’s
License will be issued upon successfully passing the required examinations. However, the
individual will be subject to the driving restrictions and provisions of
H.97.
Section VII:
New Offense Codes
The following is a list of the new conviction and recall codes for
violations of the provisions of this bill, H.97:
Code |
Code Type |
VSA-23 |
Statutory Violation Name |
CPH |
Conviction &
Recall |
§614A |
Carrying Passengers For Hire, Junior
Operator Violation |
DFE |
Conviction &
Recall |
§614A |
Driving For Employer/Employment, Junior
Operator Violation |
DRB |
Recall |
607A |
Diversion/Reparative Board Recall |
JRP |
Recall |
607A |
Junior Operator Points Accumulation
Recall |
PAV |
Conviction &
Recall |
615A |
Passenger Age Violation |
PR |
Conviction &
Recall |
614A |
Passenger Restrictions, Junior Operator
Violation |
Section
VIII: Recall Of Learner Permit’s & Junior Operator License’s
A Learner’s Permit or Junior Operator’s License is
considered to be a ‘provisional license’ which is recallable.
An individual’s Learner’s Permit or Junior Operator’s
License may be recalled for the following reasons:
| Whenever there is information provided by a credible person and/or
upon investigation, that the individual is mentally or physically unfit to drive a motor
vehicle. |
| Because of his/her driving record and/or driving habits. |
| Withdrawal of parental/guardian consent. Please note: This is a
provision which already exists. In these cases, a recall is issued for an indefinite
period of time, or until the individual reaches the age of eighteen (18). |
The following actions will result in the recall of an
individual’s Learner’s Permit or Junior Operator’s License for a period of
up to thirty (30) days:
| Recommendation of a diversion or reparative board regarding an
individual who is in a diversion or reparative program. Recall code = DRB,
which is the recall code that will be displayed on the
Conviction/Suspension/Disqualification (QCS) portion of an individual’s driving
record. |
The following actions will result in the recall of an
individual’s Learner’s Permit or Junior Operator’s License for a period of ninety
(90) days:
| When an individual is convicted of a speeding violation which results
in a three (3) point assessment. Recall code = JRP, which is the recall code
that will be displayed on the Conviction/Suspension/Disqualification portion (QCS) of an
individual’s driving record. |
| When an individual accumulates a total of six (6) points. Recall code
= JRP, which is the recall code that will be displayed on the
Conviction/Suspension/Disqualification portion (QCS) of an individual’s driving
record. |
| When an individual is convicted of a violation of §678, which
includes the offenses of: |
| CPH ~ Carrying Passengers For Hire, Junior Operator Violation (i.e.
acting as a Taxi driver) |
| DFE ~ Driving For Employer/Employment, Junior Operator Violation (i.e.
acting as a pizza delivery person) |
| PAV ~ Passenger Age Violation (i.e. does not have an
individual 25 years of age or older in the vehicle, when operating without a
parent/guardian/driver education instructor) |
| PR ~ Passenger Restrictions, Junior Operator Violation (i.e.
has passengers other than those allowed under the provisions of H.97) |
With the exception of a recall based solely upon the withdrawal of
parental/guardian consent, any recall of a Learner’s Permit or Junior Operator’s
License may extend past the operator’s eighteenth (18th)
birthday.
While a recall is in effect, an individual is ineligible
for a Junior Operator’s License or an Operator’s License.
When a recall is issued, the individual has the right to a hearing.
You may also refer to Sections III and V regarding the amount of
time an individual must wait prior to obtaining a Learner’s Permit and/or Junior
Operator’s License if they are issued any recalls, suspensions, revocations or if
they are convicted of certain offenses.
Section IX:
Recall Reinstatement Requirements
When a Learner’s Permit or Junior Operator’s License is
recalled, it shall be restored upon the expiration of a specific term, and, if required,
when the individual has passed a re-examination.
In the case of a withdrawal of parental/guardian consent, the
Learner’s Permit/Junior Operator License recall shall be restored on the
individual’s eighteenth (18th) birthday, and will be removed from their
driving record.
No reinstatement fee shall be due when a Learner’s
Permit/Junior Operator License recall is restored.
Section X:
Questions
If you have any questions regarding the application process for a
Learner’s Permit or Junior Operator’s License, and their associated driving
‘restrictions’, please contact Linda Snyder, Chief of Counter Services at (802)
828-2037.
If you have any questions regarding Learner Permit and Junior
Operator License recalls, please contact Mark Winger, Chief of Records and Motor Carrier
Services at (802) 828-4824.
If you have any other questions that cannot be addressed by the
individuals indicated above, please contact Joanne Bilodeau, Organization and Operations
Analyst at (802) 828-3093.
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