Maine Legislature, Session 121, LD 0571
Committee Amendment CA_A_H74 (House)
Amends: 29-A MRSA §2458

COMMITTEE AMENDMENT 
Act To Improve the Safety "4,, to H.P. 434, 
of Public Roads" 
L.D. 571, Bill, "An 
Amend the bill by inserting before the enacting clause the 
following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, an anomaly exists under current law where a court 
may restrict or suspend a person's ability to operate a motor 
vehicle but 
there is 
no 
mechanism 
for 
that restriction or 
suspension to be transmitted to law enforcement agencies; and 
Whereas, this Act allows the Secretary of State to suspend 
or restrict without a hearing the license of a person whose motor 
vehicle operation privilege has been restricted as a condition of 
bail; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore,' 
Further amend the bill by striking out all of section 3 and 
inserting in its place the following: 
'Sec.3. 29-A MRSA §2458, sub-§2, 'Q is enacted to read: 
Page l-LRl050(2) 
COMMITTEE AMENDMENT 
.ro-
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CO .... ,TTEE AMENDMENT .. p 
.. to H.P. 434, L.D. 571 
Q. 
Has. 
as 
a 
condition of bail pursuant to Title 15, 
chapter 105-A or, if a juvenile, as a condition of release 
pursuant to Title 15, 
chapter 505, 
been ordered not to 
operate a 
motor vehicle. 
If the conditions of bailor 
release allow a person to operate a motor vehicle only under 
certain conditions or with restrictions on time, place or 
purpose, the Secretary of State may, without hearing, issue 
a restricted license reflecting the restrictions imposed. 
Sec. 4. 29-A MRSA §2458, sub-§4, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
4. 
Notice of hearing. 
Upon 
suspending 
or 
revoking 
a 
certificate of title, certificate of registration, license or 
fuel use decal pursuant to subsection 2, the Secretary of State 
shall notify that person of opportunity for hearing as provided 
in section 2483, except where the suspension or revocation rests 
solely upon a conviction in court of an offense that by statute 
is expressly made grounds for that suspension or revocation~ 
the basis of the Secretary of State I s action is a condition of 
bailor conditional release pursuant to subsection 2, paragraph O. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. I 
SUMMARY 
This amendment authorizes the Secretary of State to suspend 
without a hearing the operating privileges of any person who, as 
a condition of bail, has been ordered not to drive. 
If the bail 
condition restricts but does not completely preclude vehicle 
operation, 
the Secretary of State is authorized to issue 
a 
restricted license containing those restrictions. 
The amendment eliminates the requirement that the Secretary 
of State notify the driver of an opportunity for a hearing when 
the license suspension or issuance of a restricted license is 
based upon a bail order or condition of release. The amendment is 
offered in memory of Nicholas Grant, 
a resident of Hallowell 
killed in an automobile accident on July 17, 2002. 
This amendment also adds an emergency preamble and emergency 
clause to the bill. 
COMMITTEE AMENDMENT