An Act To Amend the Motor Vehicle Laws
Maine Legislature, Session 121, LD 1590
Committee: Transportation
Sponsors: HATCH, USHER
Amends: 10 MRSA §1171-B, 29-A MRSA §251, 29-A MRSA §252, 29-A MRSA §257, 29-A MRSA §451, 29-A MRSA §453, 29-A MRSA §852, 29-A MRSA §1002, 29-A MRSA §1003, 29-A MRSA §1306, 29-A MRSA §1405, 29-A MRSA §1406, 29-A MRSA §2251, 29-A MRSA §2453

Legislative Document 
No. 1590 
S.P.545 
In Senate, April 30, 2003 
An Act To Amend the Motor Vehicle Laws 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator HATCH of Somerset. 
Cosponsored by Representative USHER of Westbrook. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 10 MRSA §1171-B, sub~§I, ,.,A, Band D, as enacted by PL 
1987, c. 521, §5, are amended to read: 
A. 
Except as provided by this section, a person may not 
engage in business or serve in the capacity of or act as a 
manufacturer or distributor without obtaining a license for 
each franchise maintained in the State as provided in this 
section. 
B. 
An application for 
a 
license for 
a 
manufacturer or 
distributor must be on a form prescribed by the Secretary of 
StateT' 
The applicant shall file a separate application for 
each separate franchise. 
The application must contain the 
manufacturer or distributor's address of its principal place 
of business, the address where notices should be sent and 
the address of its registered agent in this State and must 
be 
accompanied by its annual 
report and 
a list of its 
franchised new motor vehicle dealers in this State. 
D. 
The 
annual 
fee 
for 
a 
license is 
$1,500 
teF--eaea 
ffiaB~tae~~FeF-aBQ-Qi6~Fi9~~eF. 
Sec. 2. 24-A MRSA 2916-A, sub-§2, as amended by PL 1999, c. 
617, §2, is further amended to read: 
2. 
Accidents. When a named insured or any other person who 
operates a motor vehicle insured under the policy is individually 
or are aggregately involved in 2 or more vehicle accidents while 
operating a motor vehicle insured under the policy, resulting in 
either personal injury or property damage in excess of the amount 
defined as 
a-~F-t:a9*e ~ accident under Title 29-A, section 
2251, subsection 1. 
For the purpose of this subsection any of 
the following occurrences involving a motor vehicle operated by a 
named insured or such other person is not considered an accident 
when: 
A. 
The motor vehicle was struck from the rear; 
B. 
The motor vehicle was struck while parked; 
c. 
Only the operator of another motor vehicle involved in 
the accident was convicted of a crime, offense or violation 
contributing to the accident; or 
D. 
The named insured or other operator of the motor vehicle 
insured under the policy or the insurer of the policy, was 
reimbursed by or on behalf of, a person responsible for the 
accident or has a judgment against that person. 
When more than one motor vehicle in a household is insured by the 
same 
insurer, 
the 
number 
of 
accidents 
that 
would 
permi t 
nonrenewal must, for the aggregate, be increased by one for each 
additional motor vehicle insured. 
Sec. 3. 29-A MRSA §251, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §S, is amended to read: 
§2Sl. Records and databases related to driver's licenses and 
motor vehicles 
1. 
Records required to be kept. 
The Secretary of State 
shall keep g record of applications for driver's licenses, motor 
vehicle registrations and certificates of title, and of issued 
driver's 
licenses, 
instruction 
permits, 
motor 
vehicle 
registrations and certificates of title. 
2. 
Public access to records. 
Records of the Secretary of 
State 
pertaining 
to 
the 
applications, 
registrations 
and 
certifications of vehicles and to driver's licenses must be open 
to public inspection during office hours. 
The Secretary of State 
shall provide a copy of a record pertaining to the applications, 
registrations 
and certifications of vehicles 
or 
to driver's 
licenses for a fee of $S each. 
2-A. 
Databases. 
The 
Secretary 
of 
State 
may 
provide 
databases of records pertaining to applications, registrations 
and certifications of vehicles 
and 
to driver's 
licenses 
to 
individuals, businesses and other entities. 
The Secretary of 
State shall adopt rules to establish a fee schedule and governing 
2Xocedures. 
3. 
Complaints confidential. 
Written complaints and certain 
control numbers used in the titling of motor vehicles may be kept 
confidential. 
Sec. 4. 29-A MRSA §252, as amended by PL 1995, c. 625, Pt. A, 
§31, is further amended to read: 
§252. Driver history records and databases 
1. 
Reports furnished. 
The Secretary of State shall ~H~ai6R 
~efleF&&--Q-f--.£e€eHi6 provide a 
copy of a 
record pertaining to 
convictions, 
adjudications, 
accidents, 
suspensionsr 
and 
revocations aaQ-e~he'£-~~~~~~~~~~~~FGia~-H6e~6 of 
a driver's license for a fee of $5 each. 
Certified copies are an 
additional 
$1. 
A person 
rece1v1ng 
a 
report 
by 
electronic 
transmittal shall pay the fee associated with that transmittal. 
SO 
The Secretary of State shall adopt rules to establish a fee 
schedule and procedures governing electronic transmittal of 
a 
record. 
I-A. 
Databases. 
The 
Secretary 
of 
State 
may 
provide 
databases of records pertaining to convictions, adjudications, 
accidents, suspensions and revocations to individuals, businesses 
and other entities. 
The Secretary of State shall adopt rules to 
establish a 
fee schedule and governing procedures under this 
subsection. 
2. 
Fee waived for official requests. 
There is no fee for 
requests from other motor vehicle departments, state, county and 
federal agencies and law enforcement agencies. 
Sec. 5. 29-A MRSA §257 is enacted to read: 
§257. Confidentiality of technology system information 
The following records and information are confidential: 
1. 
Information 
technology 
systems. 
Records 
describing 
security and information technology system plans and security 
procedures; and 
2. 
Data integrity. 
Records 
or 
information 
that 
will 
jeopardize the security, availability, confidentiality, integrity 
of, 
or corrupt the data residing in, 
information technology 
systems 
including 
records 
describing 
the 
architecture, 
data 
model, 
design, 
access, 
encryption or 
user 
authentication of 
information 
technology 
systems 
and 
infrastructure, 
including 
security features 
for 
preventing duplication, 
alteration 
and 
substitution of licenses and identification cards. 
For purposes of this section, information technology systems 
include voice, video, radio and data systems. 
Sec. 6. 29-A MRSA §451, sub-§5, as amended by PL 2001, c. 671, 
§6, is further amended to read: 
5. 
Special classes of registration plates. 
A vehicle 
required to be registered in a special class under this Title may 
display only the number plates designed for that special class of 
registration. 
If a vehicle registered for hire is disabled due 
to an accident or mechanical malfunction, another vehicle of the 
same 
passenger 
capacity may 
be 
substituted temporarily. 
The 
substitute vehicle is subject to the financial responsibility 
requirements in section 1611. 
Notwithstanding this subsection, 
the Secretary of State may issue a temporary credential in lieu 
of a special class of registration plate. 
The Secretary of State 
may adopt rules to implement this subsection. 
Rules adopted 
pursuant 
to 
this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 7. 29-A MRSA §453, sub-§3, as amended by PL 1997, c. 776, 
§10, is repealed. 
Sec. 8. 29-A MRSA §453, sub-§3-A is enacted to read: 
A. Restrictions. The Secretary of State, in the Secretary 
of State's discretion, may refuse to issue a vanity plate that: 
A. 
Consists of or 
comprises 
language that is obscene, 
contemptuous, profane or prejudicial: 
B. 
Promotes abusive or unlawful activity; 
C. 
Falsely 
suggests 
an 
association 
with 
public 
institutions; or 
D. 
Is duplicative. 
Sec. 9. 29-A MRSA §852, sub-§2, as enacted by PL 1993, c. 683, 
Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Dealer licenses. 
The annual fee for a dealer license or 
renewal is: 
A. 
For a motorcycle dealer, $50; 
B. 
For a light trailer dealer, $50; and 
C. 
For any other vehicle dealer, 
$150. 
A licensed recycler is exempt from an additional license fee if 
already licensed as a used vehicle dealer, new vehicle dealer or 
equipment dealer. 
Sec. 10. 29-A MRSA §1002, sub-§8, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
8. 
Unladen vehicle weighing more than 10,000 pounds_ 
A 
dealer must obtain .9, written permit from the Secretary of State 
for any unladen vehicle weighing more than 10,000 pounds 
~BladeB 
te-ea~~y-a-lead. 
A truck tractor and trailer or semitrailer combination may be 
operated with dealer plates provided the dealer is licensed as a 
new vehicle dealer or used vehicle dealer and heavy trailer 
dealer, and provided the trailer or semitrailer does not contain 
a load. 
Sec. 11. 29-A MRSA §1003, sub-§2, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Permissible use. 
A loaner plate may be used on 
a 
vehicle owned by the licensee for the sole purpose of loaning the 
vehicle to a customer when the customer's vehicle is disabled and 
in the garage for repairs. 
The limit on the use of the loaned 
vehicle is 7 consecutive days. The Secretary of State may extend 
the period to no more than 30 days. 
A fee for the use of a 
loaner plate may not be charged to a customer. 
Sec. 12. 29-A MRS A §1253, sub-§2, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Compliance with federal law. 
The State must comply with 
the Commercial Motor Vehicle Safety Act of 1986, 
Public 
Law 
99-570, Title XII, 
and regulations adopted under that Act in 
issuing or suspending a commercial license. 
In the case of any 
conflict between the federal statute or regulation and a statute 
or rule of this State, the federal statute or regulation must 
apply and take precedence. 
To ensure compliance, the Secretary 
of State shall adopt rules. 
These rules must include, but are not limited to, provisions that: 
A. 
Provide for full state participation in the national 
commercial driver's license clearinghouse; 
B. 
Require commercial drivers to have a single license; 
C. 
Reduce and prevent commercial motor vehicle accidents, 
fatalities and injuries by disqualifying commercial drivers 
who 
have 
committed 
serious traffic or 
other 
designated 
offenses from operating commercial motor vehicles; 
D. 
Protect public safety by removing from public ways 
a 
commercial driver who has: 
(1) 
Operated or attempted to operate 
a 
commercial 
vehicle while having 0.04% or more by weight of alcohol 
in that driver's blood; 
(2) 
Refused 
to 
submit 
to 
or 
complete 
a 
lawfully 
requested test to determine blood-alcohol level; or 
(3) 
Operated or attempted to operate a motor vehicle 
while under the influence of intoxicating liquor or 
drugs; and 
E. 
Provide maximum safety on public ways. 
Sec. 13. 29-A MRSA §1306, as amended by PL 2001, c. 361, §28, 
is repealed and the following enacted in its place: 
§1306. APPlicant who has not been licensed witbin past 5 years 
An applicant for a license who has not been licensed to 
operate a motor vehicle in this State or in another jurisdiction 
within 
the 
past 
years 
must 
successfully pass 
a 
complete 
examination consisting of a vision, written and road test. 
Sec. 14. 29-A MRS A §1401, sub-§2, ,A, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. 15. 29-A MRS A §1401, sub-§4, as amended by PL 1997, c. 
437, §34, is repealed. 
Sec. 16. 29-A MRSA §1405, sub-§3, as amended by PL 1997, c. 
437, §37, is further amended to read: 
3. 
Fee. 
The fee 
for 
a 
duplicate 
l~ee86eT registration 
certificate and instruction permit is $2. 
AB--aMi-t-i~--f..e.e--ef 
~~-~£-~~~~-~~-a-pB~e§~~ph-~-~~~~~-~ffia~eT The fee for a 
duplicate license is $5. 
Sec. 17. 29-A MRSA §1406, sub-§§5 and 6, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read: 
5. 
Fee; 6-year license. 
The fee for the 6-year license is 
$6+ .$J..Q. 
The fee for the 6-year commercial driver's license is 
$~S .til. 
6. 
Fee; 4-year license. 
The fee for the 4-year license is 
US liJ,. 
The fee for the 4-year commercial driver's license is 
$69 lilt. 
Sec. 18. 29-A MRSA §2251, sub-§I, as amended by PL 1999, c. 
61, §l, is further amended to read: 
1. 
Definition. 
As 
used 
in 
this 
section, 
"FepeFt:able 
accident" means an accident on a public way or a place where 
public traffic may reasonably be anticipated, resulting in bodily 
injury or death to a person or apparent property damage of $1,000 
or more. 
Sec. 19. 29-A MRSA §2251, sub-§2, as corrected by RR 1995, c. 
2, §71, is amended to read: 
2. 
Report 
required. 
A--FepsFsasle 
An 
accident must 
be 
reported immediately by the quickest means of communication to a 
state police officer, 
or 
to 
the nearest state police field 
office, or to the sheriff's office, or to 
a 
deputy sheriff, 
wi thin the county in which the accident occurred, or to the 
office of 
the police department, 
or 
to 
an officer, 
of 
the 
municipality in which the accident occurred. 
The accident must 
be reported by: 
A. 
The operator of an involved vehicle; 
B. 
A person acting for the operator; or 
C. 
If the operator is unknown, the owner of an involved 
vehicle having knowledge of the accident. 
Sec. 20. 29-A MRSA §2251, sub-§3, as enacted by PL 1993 r 
c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Form. 
The Chief of the State Police: 
A. 
Shall prepare and supply forms for reports that require 
sufficiently detailed 
information to disclose the 
cause, 
conditions, 
persons 
and 
vehicles 
involved 
including 
information to permit the Secretary of State to determine 
whether 
the 
requirement 
for 
proof 
of 
financial 
responsibility is inapplicable; 
B. 
Shall receive, tabulate and analyze accident reports; aBd 
B-1. 
Shall send all accident reports to the Secretary of 
State; and 
C. 
May publish statistical information on the number, cause 
and location of accidents. 
Sec. 21. 29-A MRSA §2251, sub-§4, as amended by PL 1997 r 
c. 
172, §l and c. 178, §3, is further amended to read: 
4. 
Investigation. 
A 
law 
enforcement 
officer 
who 
investigates a-FepeF~asle an accident shall: 
A. 
Interview participants and witnesses; and 
B. 
Within 
days 
from the time of notification of the 
accident, transmit the original written report containing 
all available information to the Chief of the State Police. 
Every FepeFtea accident must be promptly investigated. 
If the accident results in serious bodily injury or death of any 
person, the investigation must be conducted by an officer who has 
met 
the 
training 
standards 
of 
a 
full-time 
law 
enforcement 
officer. 
A law enforcement officer who investigates an accident 
involving a bus or truck with a gross vehicle weight rating or a 
registered weight in excess of 10,000 pounds that results in the 
death 
of 
any 
person 
shall 
request 
a 
certified 
accident 
reconstructionist 
and 
the 
Bureau of State Police 
Commercial 
Vehicle Enforcement Unit to assist in the investigation of the 
accident. 
The 
Attorney General shall designate 
an assistant 
attorney general familiar with federal commercial vehicle laws 
and regulations to serve as a resource to any district attorney 
who initiates a prosecution arising from an accident involving a 
bus or truck with a gross vehicle weight rating or a registered 
weight in excess of 10,000 pounds that results in the death of 
any person. 
Sec. 22. 29-A MRSA §2251, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. 23. 29-A MRSA §2251, sub-§6, as enacted by PL 1993, c. 
683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed and the 
following enacted in its place: 
6. 
Financial responsibility information. 
The 
owner 
or 
operator of 
a 
vehicle involved in an accident shall furnish 
additional 
relevant 
information 
as 
the 
Secretary 
of 
State 
requires to determine the applicability of the requirement of 
proof of financial responsibility. 
The 
Secretary 
of 
State 
may 
rely 
on 
the 
accuracy 
of 
the 
information until there is reason to believe that the information 
is erroneous. 
Sec. 24. 29-A MRS A §2251, sub-§7, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
7. 
Report information. 
An 
accident report made 
by 
an 
investigating officer or a 48-hour report made by an operator Q£ 
required 
by 
former 
subsection 
is 
for 
the 
purposes 
of 
statistical analysis and accident prevention. 
A report or statement contained in the accident report. ~ 
48-hour report as required by former subsection 5, a statement 
made or testimony taken at a hearing before the Secretary of 
State held under section 2483, or a decision made as a result of 
that report, 
statement or testimony may 
not be 
admitted in 
evidence in any trial, civil or criminal, arising out of the 
accident. 
A report may be admissible in evidence solely to prove compliance 
with this section. 
The Chief of the State Police may disclose the date, time and 
location 
of 
the 
accident 
and 
the 
names 
and 
addresses 
of 
operators, 
owners, 
injured 
persons, 
witnesses 
and 
the 
investigating officer. 
On written request, the chief may furnish 
a photocopy of the investigating officer's report at the expense 
of the person making the request. 
Sec. 25. 29·A MRSA §2251, sub-§8, ,B, as amended by PL 2001, 
c. 360, §15, is further amended to read: 
B. 
Is an operator involved in a-£e~e£~aB±e £n accident and 
knowingly fails to give a 
correct name and address when 
requested by an officer at the scene; or 
Sec. 26. 29-A MRSA §2251, sub-§8, ,C, as enacted by PL 200L 
c. 360, §16, is amended to read: 
C. 
Is the operator involved in a-£e~er~aB±e an accident or 
the owner of a vehicle involved in a-£e~er~aB±e £n accident 
and 
knowingly fails 
to 
produce 
the vehicle or, 
if the 
vehicle 
is 
operational, 
return 
it 
to 
the 
scene 
when 
requested by the investigating officer. 
Sec. 27. 29·A MRSA §225L sub-§§10 and 11, as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to 
read: 
10. 
Suspension. 
PQrSQaHt-~B-~~--b~r-tRe The Secretary 
of State may suspend or revoke the motor vehicle driver's license 
and certificate of registration of a person who is required to 
make a report and fails to do so or who 
kHewiH~±Y fails to ~ive 
eeFFeet provide the information required 
eH--a--~pert by the 
Secretary of State. 
11. 
Exemption. 
The operator of a snowmobile as defined by 
Title 12, section 7821, or an all-terrain vehicle as defined by 
Ti tIe 
12, 
section 
7851, 
unless 
the 
all-terrain 
vehicle 
is 
registered for highway use by the Secretary of State under this 
Title, is exempt from the reporting requirements of sQBseetieHs 
subsection 2 aHa-e. 
Sec. 28. 29-A MRSA §2453, sub-§6, ,A, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
Fer--a-a-y-{){H---e.f.feil.£~--1;Re The 
same suspension period 
applies as if the person were convicted of OUI. 
Sec. 29. Effective date. 
This Act takes effect October 1, 2003. 
SUMMARY 
This bill makes the following changes to the motor vehicle 
laws. 
1. 
It requires manufacturers 
and distributors of motor 
vehicles to apply for a license for each franchise. 
2. 
It requires the Secretary of State to 
adopt rules 
establishing 
fees 
for 
records 
of 
databases 
pertaining 
to 
applications, 
registrations 
and certificates of vehicles 
and 
driver's 
licenses, 
including 
convictions, 
adjudications, 
accidents, suspensions and revocations. 
The changes also require 
the 
adoption of 
rules 
establishing fees 
for 
the electronic 
transmittal of records. 
3. 
It makes sensitive records and information concerning 
information technology systems confidential. 
4. 
It permits a for hire passenger carrier who operates a 
vehicle such as a taxi or limousine to temporarily replace a 
disabled vehicle with another vehicle without having to have hire 
plates on the substitute vehicle. 
The substitute vehicle must be 
covered by adequate insurance. 
The Secretary of State may adopt 
rules to implement this option. 
5. 
It allows 
the 
Secretary of State to restrict the 
issuance of certain vanity plate configurations. 
6. 
It provides that a 
additional licensing fees if 
vehicle or equipment dealer. 
for a used vehicle dealer. 
licensed recycler is exempt from 
already licensed as a used or new 
Current law has a provision only 
7. 
It allows 
a 
dealer that purchases 
truck tractors, 
trailers or semitrailers to move units on dealer plates provided 
they are not hauling a load. 
8. 
It provides that a fee can not be charged to a customer 
for the use of a loaner plate. 
If a fee is charged the vehicle 
must be registered pursuant to the Maine Revised Statutes, Title 
29-A, section 501, subsection 3 as a short-term rental vehicle. 
9. 
It clarifies that a conflict between federal and state 
law, 
rule 
or 
regulation 
concerning 
the 
implementation 
and 
enforcement of the federal Commercial Motor Vehicle Safety Act 
and regulations adopted under that Act must be resolved so that 
the federal law or regulation applies. 
10. 
It provides that when 
an applicant applies for 
an 
operator I s license in this State and the person has not been 
licensed to operate a motor vehicle in this State or by another 
jurisdiction within the past 5 years the person must pass 
a 
complete examination. 
11. 
It eliminates the option regarding a picture license 
for 
those persons 
years 
of 
age 
and older, 
combines 
the 
separate fees for a license in one provision and clarifies the 
fee for duplicate licenses. 
12. 
It removes the requirement that a person involved in an 
accident file 
a 
"48-hour 
report" 
of 
the 
accident with 
the 
Secretary of State. 
The bill requires the Chief of the State 
Police to send all police accident reports to the Secretary of 
State, which reports will comprise the records for accidents. 
13. 
It clarifies the periods of license suspension that 
apply 
to 
administrative 
determinations 
for 
excessive 
blood-alcohol level made by the Secretary of State. 
Page ll-LR194l(1)