§ 617. Learner's permit

(a) Any Vermont resident 15 years of age or over, but under 18 years of age, who has no convictions under section 601, 674, 676, 1091, 1094, 1128, 1133, or 1201 of this title, suspensions under section 1205 of this title, or civil traffic violations under section 1216 of this title in the previous two years, or any Vermont resident 18 years of age or over, may apply to the Commissioner of Motor Vehicles for a learner's permit in the form prescribed by the Commissioner. A nonresident may be issued a learner's permit if the permit is required for purposes of participation in a driver education and training course. After the applicant has successfully passed all parts of the driver's license examination other than the driving test, the Commissioner may issue to the applicant a learner's permit which entitles the applicant, subject to section 615 of this title, to operate a motor vehicle upon the public highways for a period of two years from the date of issuance. Any learner's permit may be renewed. This section shall not affect section 602 of this title.

(b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner's permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner's permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner's permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $20.00 at the time application is made.

(2) After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner's permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance. The fee for the examination shall be $9.00.

(3) A motorcycle learner's permit may be renewed only twice upon payment of a $20.00 fee. If, during the original permit period and two renewals the permittee has not successfully passed the applicable skill test or motorcycle rider training course, he or she may not obtain another motorcycle learner's permit for a period of 12 months from the expiration of the permit unless:

(A) he or she has successfully completed the applicable motorcycle rider training course; or

(B) the learner's permit and renewals thereof authorized the operation of any motorcycle and the permittee is seeking a learner's permit for the operation of three-wheeled motorcycles only.

(4) This section shall not affect section 602 of this title.

(c) No learner's permit may be issued to any person under 18 years of age unless the parent or guardian of, or a person standing in loco parentis to, the applicant files his or her written consent to the issuance with the Commissioner.

(d) An applicant shall pay $20.00 to the Commissioner for each learner's permit or a duplicate or renewal thereof.

(e) A learner's permit which is not a learner's permit for the operation of a motorcycle shall contain a photograph or imaged likeness of the person. The photographic learner's permit shall be available at a location designated by the Commissioner. A person issued a permit under this subsection that contains an imaged likeness may renew his or her permit by mail. Except that a renewal by a permit holder who is required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years.

(f)(1) The Commissioner may authorize motorcycle rider training instructors to administer a motorcycle endorsement examination for three-wheeled motorcycles only or for any motorcycle, or a motorcycle skill test for three-wheeled motorcycles only or for any motorcycle, or any of these. Upon successful completion of the applicable examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner's permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the Commissioner the application and fee together with such additional information as the Commissioner may require.

(2) The Commissioner shall maintain a list of approved in-state and out-of-state motorcycle rider training courses, successful completion of which the Commissioner shall deem to satisfy the skill test requirement. This list shall include courses that provide training on three-wheeled motorcycles. (Added 1963, No. 107; amended 1965, No. 177; 1981, No. 120 (Adj. Sess.), § 2, eff. March 2, 1982; 1983, No. 8; 1983, No. 42, § 2; 1989, No. 51, § 38; 1989, No. 268 (Adj. Sess.), § 3, eff. June 21, 1990; 1995, No. 120 (Adj. Sess.), § 4; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 1, eff. July 1, 1996; 1997, No. 9, § 2, eff. May 6, 1997; 1999, No. 140 (Adj. Sess.), § 6; 2001, No. 75 (Adj. Sess.), § 5; 2001, No. 102 (Adj. Sess.), § 23, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 10; 2005, No. 175 (Adj. Sess.), § 35; 2005, No. 188 (Adj. Sess.), § 4; 2009, No. 50, § 47; 2015, No. 159 (Adj. Sess.), § 36; 2017, No. 206 (Adj. Sess.), § 18.)