Vermont § 1099 - Texting prohibited

§ 1099. Texting prohibited

• (a) As used in this section, “texting” means the reading or the manual composing or sending
  of electronic communications, including text messages, instant messages, or e-mails,
  using a portable electronic device as defined in subdivision 4(82) of this title. Use of a global positioning or navigation system shall be governed by section 1095b of this title. (b)(1) An individual shall not engage in texting while operating a moving motor vehicle in
  a place open temporarily or permanently to public or general circulation of vehicles. (2) In addition, an individual shall not engage in texting while operating a motor vehicle
  on a public highway in Vermont, including while the vehicle is stationary, unless
  otherwise provided under this section. As used in this subdivision (b)(2): (A) “Public highway” means a State or municipal highway as defined in 19 V.S.A. § 1(12). (B) “Operating” means operating a motor vehicle on a public highway, including while temporarily
  stationary because of traffic, a traffic control device, or other temporary delays.
  “Operating” does not include operating a motor vehicle with or without the motor running
  when the operator has moved the vehicle to the side of or off the public highway and
  has halted in a location where the vehicle can safely and lawfully remain stationary. (c)(1) An individual who violates this section commits a traffic violation as defined in
  section 2302 of this title and shall be subject to a civil penalty of not less than $100.00 and not more than
  $200.00 for a first violation and of not less than $250.00 and not more than $500.00
  for a second or subsequent violation within any two-year period. (2) An individual convicted of violating this section while operating within the following
  areas shall be subject to a civil penalty of not less than $200.00 and not more than
  $400.00 for a first violation and of not less than $500.00 and not more than $1,000.00
  for a second or subsequent violation within any two-year period and shall have four
  points assessed against his or her driving record for a first conviction and five
  points assessed for a second or subsequent conviction: (A) a properly designated work zone in which construction, maintenance, or utility personnel
  are present; or (B) a school zone marked with warning signs conforming to the Manual on Uniform Traffic
  Control Devices. (3) An individual convicted of violating this section outside the areas designated in
  subdivision (2) of this subsection shall have two points assessed against his or her
  driving record. (Added 2009, No. 150 (Adj. Sess.), § 2, eff. June 1, 2010; amended 2013, No. 57, § 24; 2015, No. 50, § 13; 2019, No. 149 (Adj. Sess.), § 34.)