DMV lawyers tell Senate panel proposed emergency-driver language leans on federal rule to allow non-CDL operation during declared emergencies

Evangelene James, an assistant attorney general representing the Department of Motor Vehicles, and Matt Finesto, the DMV chief of safety, told the Senate Transportation Committee that they revised DMV bill language to align with the federal emergency definition in 49 CFR 390.5.

James read proposed text that would permit an employee of a state agency or Vermont municipality providing direct assistance during a weather emergency (as defined in 49 CFR 390.5 and if specifically set forth in the governor's emergency declaration) to "operate a motor vehicle with a weight of 26,001 pounds or more without being required to hold a commercial driver's license as long as the emergency is ongoing." She also said the operator would still be required to hold a valid operator's license under state law.

Committee members asked whether the change removed a medical-card requirement and whether the exemption could run afoul of federal rules if vehicles used the interstate. DMV staff said the exemption applies to intrastate emergency operations set out explicitly in the governor's declaration and that DMV would coordinate with the Federal Motor Carrier Safety Administration when necessary. DMV staff said government vehicle operators are already exempted from some medical requirements when performing government work and that the revised language was intended to limit the scope to narrowly defined emergencies.

Senators agreed the governor's declaration should explicitly identify what is waived and asked staff to run the draft by legislative counsel and insurance reviewers. The committee did not take a vote and asked DMV representatives to supply written language for committee review.