An Act To Create Novice Incentive Licenses
Maine Legislature, Session 121, LD 0750
Committee: Transportation
Sponsors: FAIRCLOTH, DAMON, MARLEY, MARRACHE, PARADIS, SAMPSON, HATCH
Amends: 29-A MRSA §1251, 29-A MRSA §1256, 29-A MRSA §1302-A, 29-A MRSA §1304, 29-A MRSA §2472

Legislative Document 
No. 750 
H.P.556 
House of Representatives, February 14,2003 
An Act To Create Novice Incentive Licenses 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator DAMON of Hancock and 
/Yl~ 
/J7.1J1d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MARLEY of Portland, MARRACHE of Waterville, McNEIL of Rockland, 
PARADIS of Frenchville, SAMPSON of Auburn, Senator: HATCH of Somerset. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §1251, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
5. 
Aqe limit. 
A license, except a 
special restricted 
license under section 1256, may not be issued to a person who has 
not attained 16 years of age. 
A license issued to a person at least 16 years of age but under 
years of age is a novice incentive license as provided in 
section 1302-A. 
Sec. 2. 29-A MRSA §1256, sub-§l, <J[B, as amended by PL 2001, c. 
671, §2l, is further amended to read: 
B. 
This license only authorizes the holder to operate a 
motor vehicle between the holder's residence and school 
unless accompanied by a 
licensed driver who meets the 
requirements of section 1304, 
subsection 1, paragraph ET 
sQBpa~a~~aphs-fl*-ee-f4*. 
Sec. 3. 29-A MRSA §1256, sub-§2, <J[B, as amended by PL 2001, c. 
67l,'§22, is further amended to read: 
B. 
This license only authorizes the holder to operate a 
motor vehicle between the holder's residence, school and 
place of employment and other places necessary in direct 
connection with that employment unless accompanied by a 
licensed driver who meets the requirements of section 1304, 
subsection 1, paragraph ET-sQapa~a~~aphs-fl*-ee-f4*. 
Sec. 4. 29-A MRSA §1302-A is enacted to read: 
§1302-A. 
Novice incentive license 
An initial license issued to an applicant who is at least 16 
years of age but under 18 years of age is a novice incentive 
license. 
A 
novice 
incentive 
license 
becomes 
a 
juvenile 
provisional license under section 2472, subsection 1 upon the 
novice incentive licensee's completion of 12 consecutive months 
of operating a 
motor vehicle without being convicted of or 
adjudicated to have committed a motor vehicle violation. 
A license issued pursuant to this section to a licensee must 
be revoked if the licensee fails to complete 12 consecutive 
months of operating a motor vehicle without being convicted of or 
adjudicated to have committed a motor vehicle violation. 
1. 
Hight incentive hours. 
Except as provided in subsection 
2, an operator with a novice incentive license may not operate a 
motor vehicle during night incentive hours unless accompanied by 
a parent or legal guardian or by a licensed operator who meets 
the requirements of section 1304, subsection 1, paragraph E. For 
purposes of this section, "night incentive hours" means the hours 
between 9:00 p.m. and 5:00 a.m. 
2. 
Authorization to operate during restricted hours: 
contents of letter. 
When in possession of a notarized letter 
that meets 
the 
requirements 
of this 
subsection, 
a 
novice 
incentive licensee may operate during night incentive hours for 
the purposes authorized by the letter without an accompanying 
person as required by subsection 1. 
The notarized letter must contain one of the following 2 sets of 
information: 
A. 
A notarized letter authorizing operating during night 
incentive hours for a school activity must be signed by a 
teacher or school official and a parent or guardian and must 
contain the following sworn information: 
the work address, 
phone number and name of the teacher or school official 
conducting the school activity: the school activity that 
necessitates driving during the restricted hours: 
the 
duration of the activity: and the days and times for that 
school activity: or 
B. 
A notarized letter authorizing operating during night 
incentive hours for employment purposes must be signed by an 
employer and a parent or guardian and must contain the 
following 
sworn 
information: 
the 
employer's 
name, 
work 
address and phone number: the work hours that necessitate 
driving during night incentive hours: and the scheduled date 
of termination of employment if applicable. 
A novice 
incentive licensee may operate a motor vehicle during night 
incentive hours for employment purposes only on nonschool 
days. 
3. 
Granting of waiver. 
The Secretary of State shall 
consider 
a 
notarized 
letter 
submitted 
in 
accordance 
with 
subsection 2 and may modify or waive the night incentive hours of 
operation if the applicant has at least 6 months' 
driving 
experience without a motor vehicle moving violation and if: 
A. 
The 
novice 
incenti ve 
licensee's 
employment 
or 
opportuni ty for employment is adversely affected by the 
night incentive hours; or 
B. 
The 
novice 
incentive 
licensee's 
participation 
in 
athletic events and related training is adversely affected 
by the night incentive hours. 
For purposes of this subsection, the 6 months' driving experience 
must 
be 
immediately 
before 
the 
novice 
incentive 
licensee's 
application for the waiver and may include driving on an 
instruction permit described under section 1304. 
4. 
Notice and conditions of waiver. 
Upon granting a waiver 
under subsection 3, the Secretary of State shall notify the 
novice incentive licensee in writing. 
The notification letter 
must state the hours that the novice incentive licensee is 
permitted to operate, the activity or employment for which the 
waiver is granted, the location of the activity or employment and 
the period of time for which the waiver is granted. 
A waiver 
granted to a student for employment purposes applies only on 
nonschool days. 
The granting of a waiver becomes part of the 
novice incentive licensee's driving record. 
5. 
Violation. 
A novice incentive licensee who violates 
subsection 1 
commits a traffic infraction. 
The Secretary of 
State shall consider a violation of subsection 1 
a 
moving 
violation. 
It is a valid defense to a violation of subsection 1 
if the novice incentive licensee establishes the following: 
A. The novice incentive licensee was in possession of a 
notarized letter containing the specified information as 
required by subsection 2 at the time the novice incentive 
licensee was cited for a violation of subsection 1; 
B. The facts alleged in the notarized letter as required by 
subsection 2 were true at the time the novice incentive 
licensee was cited; and 
C. The novice incentive licensee was en route to or from the 
activity or employment authorized by the letter pursuant to 
subsection 2. 
6. 
Transition. 
A license issued before January 1, 2004 is 
not subject to the provisions of this section. 
Sec. 5. 29-A MRSA §1304, sub-§l, 'IlE, as repealed and replaced 
by PL 2001, c. 710, §13 and affected by §14, is amended to read: 
E. 
Unless 
the permittee is operating 
motor-driven cycle, the permit requires the 
accompanied by a licensed operator who: 
a 
motorcycle or 
permittee to be 
tl} 
Has hela a valia lieeBse 
fe~ the immeaiately 
~~eeeaiB~-a-eeBsee~tive-yea~st 
(3) 
Is occupying a seat beside the driver; aRa 
(4) 
Is licensed to operate the class vehicle operated 
by the ~e~mitteeT driver; 
(5) 
Is at least 21 years of age and has held a valid 
license for the immediately preceding 2 consecutive 
years; and 
(6) 
If younger than 25 years of age, has not been 
convicted of 
or 
adjudicated of 
a 
moving violation 
during the preceding one year. 
The accompanying operator must adhere to all restrictions 
applied to the license when functioning as the permittee I s 
accompanying operator. A person who meets the conditions of 
subparagraphs ta}T 
(3) 
aBa t4} to (6) whose license was 
canceled or suspended for physical, mental or emotional 
reasons within the immediately preceding 2 consecutive years 
may 
act as 
an accompanying operator pursuant to this 
paragraph with the approval of the Secretary of State. 
Sec. 6. 29-A MRS A §1310, as amended by PL 2001, c. 361, §29, 
is further amended to read: 
§1310. 
Interim license 
A person under 18 years of age who has been issued a 
driver I s license may not carry passengers other than immediate 
family members unless accompanied by a licensed operator who 
meets the requirements of section 1304, subsection 1, paragraph 
E. 
This restriction is in effect for a period of gQ aays Q 
months from license issuance. 
A person who violates this section 
commits a traffic infraction. 
Sec. 7. 
29-A MRSA §2472, sub-§l, as amended by PL 1997, c. 
737, §15 and affected by §22, is further amended to read: 
1. 
Licensee between 18 and 21 years of age. 
A license 
issued to a person who is at least 18 years of age but who has 
not yet attained the age of 21 years is a provisional license for 
a period of 2 years following the date of issue or until the 
holder attains 21 years of age, whichever occurs last. 
That 
license remains in force as a nonprovisional license to the next 
normal expiration date. 
A license issued by another jurisdiction 
to a person who has not yet attained the age of 21 years is a 
provisional license for the purpose of operating a motor vehicle 
within this State. Notwithstanding the age limit imposed by this 
subsection, a person under 18 years of age who has been issued a 
novice incentive license pursuant to section l302-A and who 
successfully completes 12 consecutive months of operating a motor 
vehicle without being convicted of or adjudicated to have 
committed a motor vehicle violation may be issued a provisional 
license. 
Sec. 8. Effective date. 
This Act takes effect January 1, 2004. 
SUMMARY 
This 
bill 
establishes 
a 
novice 
incentive 
license 
for 
l6-year-olds and l7-year-olds. 
A novice incentive licensee may 
not drive between the hours of 9:00 p.m. and 5:00 a.m. without 
being accompanied by either a parent or legal guardian or a 
person who meets the requirements for an accompanying operator. 
The bill provides an exemption to the night incentive hours 
through a notarized letter to authorize operation during those 
hours. 
This bill also changes the restrictions on who may be an 
accompanying operator for all categories of licenses that require 
an accompanying operator by increasing the minimum age of the 
accompanying operator from 20 years of age to 21 years of age and 
by requiring that if the accompanying operator is under 25 years 
of age that person may not have had any moving violations within 
the preceding year. 
The bill retains provisions in current law 
requiring that accompanying operators must occupy the seat beside 
the driver, must be licensed to operate the class of vehicle 
operated by the driver and must have held a valid license for the 
previous 2 years. 
This bill also increases from 90 days to 6 months the period 
of time for which newly licensed persons under 18 years of age 
must operate under the provisions of an interim license.