Penalties and laws related to Vermont distracted driving
Vermont laws make it illegal to hold a phone or other device while you’re driving.
Do you feel driven to distraction? Life does that, sometimes.
We’re all busy, we run from one thing to the next, we have a lot on our minds. It’s natural, and it’s part of being an adult (or “adulting,” as the influencers would say).
But even though you’re juggling lots of balls in the air and trying to stay afloat yourself, there’s one place where you can’t give in to distraction—in your car. That’s because distracted driving is as dangerous as drunk driving, and Vermont has instituted stricter laws to combat the practice.
The Vermont Agency of Transportation (VTrans) reported that there were 73 fatal crashes and 76 deaths in 2022. This was an increase from earlier years. The National Highway Traffic Safety Administration reported that more than 3,000 people were killed in distracted driving crashes nationwide in 2020.
Vermont banned handheld mobile phones while driving in 2014, but the uptick in distracted driving crashes led legislators to strengthen laws because that, alone, was not enough.
- Distracted driving contributes to 17% of serious crashes in Vermont.
- It causes about seven fatal crashes annually.
2023 changes to Vermont mobile phone laws
The previous Vermont law related to mobile phones and driving said that a motorist was prohibited from “using” a smartphone while driving. In other words, holding a phone might be legal if you could prove that you weren’t using it at the time of the crash. Lawmakers decided to close this loophole in 2023. They revised the statute to say that even holding a portable electronic device while driving is a traffic offense punishable by up to a $200 fine for the first offense.
A driver may use hands-free features like Apple CarPlay or Bluetooth voice control as long as they’re not holding the phone in their hands.
What is distracted driving?
Distracted driving can be manual, visual or cognitive.
Manual: Any activity that takes your hands off the steering wheel. This could include eating, smoking, reaching for an object, manipulating the radio or other dashboard controls, applying makeup, shaving, etc.
Visual: Anything that takes your eyes off the road. This might be looking at your phone or other device, viewing something outside of the car (like rubbernecking an accident), or interacting visually with a passenger.
Cognitive: Anything that takes your brain off the task of driving. This could be daydreaming (being lost in your own thoughts), a conversation with a passenger, a child in the back seat, or an external stimulus like a siren outside your vehicle.
One reason why mobile phone use contributes to so many distracted driving crashes is that it often simultaneously involves all three types of distracted behavior.
This list of distractions is not exhaustive; they’re examples. Anything that takes your complete focus off driving is a distraction.
Causes of distracted driving accidents
We know that texting while driving is dangerous. The National Highway Traffic Safety Administration has said that sending or reading a single text takes an average of 5 seconds. In those 5 seconds, a person driving 55 miles per hour can travel the entire length of a football field. In essence, you’ve driven the length of that football field with your eyes closed.
Some examples of activities that are included in distracted driving are:
- Using a mobile phone or electronic device in any way (not just for texting or talking)
- Eating or drinking
- Passengers (making noise or behaving in a distracting way)
- Hair brushing, applying makeup, shaving, or other personal grooming
- Reading or viewing paper maps
- Using a GPS or other navigation system
- Using other dashboard controls (adjusting heat or cooling, or other functions)
- Adjusting the radio or CD player
- Loud music
- Outside distractions (something happening outside your vehicle)
The AAA Foundation for Traffic Safety says that a child is 4 times more distracting than an adult passenger, and an infant is 8 times more distracting.
Vermont distracted driving laws
Handheld electronic devices are prohibited in Vermont
You may not use a portable electronic device while operating a motor vehicle in a place that’s open to the public or where there’s general circulation of vehicles. You also may not use a portable electronic device while operating a motor vehicle on a public highway, even if the vehicle is standing still.
Use of handheld devices by a junior driver
A driver who is less than 18 years old (a junior driver) is not permitted to use any portable handheld electronic device while operating a motor vehicle. In other words, they may not use a phone or device, even if it’s not handheld.
Vermont texting and driving law
Vermont law defines “texting” as reading or manual composing or sending electronic communications, including text messages, instant messages, or emails, using a portable electronic device.
A Vermont driver is not permitted to text while operating a moving motor vehicle. They are also not permitted to text while operating a motor vehicle on a Vermont public highway while the vehicle is stationary.
What about using your GPS? Or in an emergency?
You’re permitted to use a GPS or other navigation system, but it must be programmed before you drive. Any driver is permitted to use their phone to call for emergency services.
Vermont is a primary enforcement state for distracted driving
Primary enforcement means a driver can be pulled over for violating a cell phone law, even if it’s the only offense being committed. In some states, it’s a secondary offense, which means you could only be cited for a distracted violation if you’re also breaking another law.
Vermont distracted driving penalties
If you get a ticket for violating a Vermont distracted driving law, you could receive the following:
- $100-$200 fine for a first offense
- $250-$500 fine for second or subsequent offense within two years
- Fine plus two points on your license for an offense committed in a work zone
If your distracted driving resulted in an accident or other moving violation, it’s likely that your insurance premium will increase.
If you’ve been involved in an accident with a Vermont distracted driver, you can contact a personal injury lawyer for advice on what your options are for financial compensation.
See our guide Choosing a personal injury attorney.