No, Vermont’s distracted driving statute (23 V.S.A. § 1099) prohibits any activity that diverts attention from the road, including eating, unless it’s a secondary offense. Violations carry fines up to $200 under Act 117 (2024), with local traffic boards (e.g., Burlington Police Department) enforcing stricter interpretations.
Key Regulations for Eating While Driving in Vermont
- Primary Distraction Ban: Under 23 V.S.A. § 1099, drivers may not engage in “any activity that is not necessary for the safe operation of a vehicle,” explicitly including eating. This is enforceable as a standalone offense, not requiring a crash or other violation.
- Local Enforcement Variations: Municipalities like Montpelier and Rutland have issued advisories treating food consumption as prima facie evidence of distracted driving, aligning with 2026 Federal Highway Administration guidance on secondary task restrictions.
- Commercial Driver Exclusions: CDL holders face stricter scrutiny per 49 CFR § 392.82, where eating while driving is deemed a “serious traffic violation,” potentially triggering FMCSA reporting requirements.
Vermont’s 2024 amendments to traffic safety plans emphasize “hands-free” operation, with the Agency of Transportation monitoring compliance via automated enforcement pilots in Chittenden County. Courts have upheld citations where eating impaired situational awareness, even without erratic driving.