An Act To Amend the Motor Vehicle Laws LR 1941(02)
Maine Legislature, Session 121, LD 1590
Committee Amendment CA_A_S237 (Senate)
Amends: 29-A MRSA §525, 29-A MRSA §1002, 29-A MRSA §1253, 29-A MRSA §22, 29-A MRSA §24, 29-A MRSA §2458, 29-A MRSA §2482

COMMITTEE AMENDMENT "/l, 
Act To Amend the Motor Vehicle 
to S.P. 545, L.D. 1590, Bill, "An 
Laws" 
Amend the bill by inserting after the title and 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, this legislation needs to take effect before the 
expiration of the 90-day period in order to delay the effective 
date of the Maine Revised Statutes, Title 29-A, section l60l-A; 
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 in section 1 in paragraph A in the 
4th line (page 1, line 9 in L.D.) by striking out the following: 
"franchise" and inserting in its place the following: 
'line make' 
Further amend the bill in 
4th 
line 
(page 
1, 
line 
following: 
"franchise" 
and 
following: 
'line make' 
section 1 
in L.D.) 
inserting 
in paragraph B in the 
by 
striking out 
the 
in 
its 
place 
the 
Page l-LR194l(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
'Sec. 2. 29-A MRSA §lOl, sub-§17, 1fC, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
C. 
Is used in the transportation of hazardous materials 
requiring placarding under the federal Hazardous Materials 
Transportation Act and related regulations in 49 Code of 
Federal Regulations, Part 172, Subpart F or any quantity of 
a material listed as a select agent or toxin in 42 Code of 
Federal Regulations, Part 73. 
Sec. 3. 29-A MRSA §lOl, sub-§27, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
27. 
Hazardous materia1. 
"Hazardous material" .eas--t-he--SafRe 
ffieaRiR~-as-~£--t~~~~-~~~~~ia~&-~~aaSp9~~a~i9a-Ae6T 
means any material that has been designated as hazardous under 49 
United States Code, 
See6ieB--~~--e-t--se~ Sections 5101 to 5127 
(2003) and is required to be placarded under 49 Code of Federal 
Regulations, Part 172 . 
Subpart F or any quantity of material 
listed as 
a 
select agent or 
toxin in 
Code 
of 
Federal 
Regulations. Part 73.' 
Further amend the bill by inserting after section 8 the 
following: 
'Sec. 9. 29-A MRSA §525, as amended by PL 2001, c. 463, §l 
and affected by §7, is further amended to read: 
§525. Fuel tax licensing and reporting 
1. 
Fuel use reporting account. 
A person operating 
a 
vehicle using fuel other than gasoline must establish an account 
for fuel use reporting if that vehicle: 
A. 
Is registered for a gross vehicle weight in excess of 
26,000 pounds; 
B. 
Is designed to carry 20 or more passengers; 
C. 
Is used in combination with another vehicle or vehicles 
and the combined gross weight is in excess of 26,000 pounds; 
or 
D. 
Has 3 or more axles on the power unit regardless of 
gross weight. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
2. 
Exceptions. 
A person operating a vehicle on a public 
way, subject to Title 36, chapter 457 or 459 shall obtain a fuel 
use identification decal for that vehicle, except for: 
A. 
A vehicle owned and operated by government agencies; 
B. 
A vehicle legally operating with dealer registration 
plates; 
C. 
A recreational vehicle; 
D. 
An authorized emergency vehicle registered 
jurisdiction 
and 
operating 
in 
response 
to 
emergency; or 
in another 
a 
declared 
E. 
A vehicle legally licensed for fuel use reporting under 
the International Fuel Tax Agreement. 
4. 
Exception. 
A farm vehicle or farm truck subject to 
limited inspection under section 1752, subsections 2 and 4 is not 
required to have a fuel use identification decal. 
5. 
Fee. 
The decal fee for each vehicle is $5. 
6. 
Issuance; display; expiration. 
The Secretary of State 
shall issue interstate and intrastate fuel use identification 
decals and shall specify the location on the exterior of a 
vehicle to which a decal must be affixed permanently. 
A decal 
must be visible and legible. 
A. 
A fuel use identification decal issued pursuant to the 
International Fuel Tax Agreement expires on December 31st. 
A 
fuel 
use 
identification decal 
issued 
for 
intrastate 
operation expires on June 30th. 
B. 
A cab card must be carried in the vehicle at all times. 
For 
the 
purposes 
of 
this 
paragraph, 
"cab 
card" 
means 
identification issued or approved by the Secretary of State 
that contains the legal name and address of the person who 
has established a fuel use reporting account for the vehicle. 
C. 
A person transferring ownership of a vehicle bearing a 
valid fuel use identification decal must disfigure the decal. 
D. 
A person acquiring a vehicle with an unexpired fuel use 
identification decal may not operate that vehicle without a 
valid trip permit or a fuel use identification decal issued 
to that person. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
7. 
Trip permits. 
In lieu of 
fuel 
tax 
licensing 
and 
reporting, the Secretary of State may issue a trip permit that 
authorizes for 
a 
period not to exceed 3 consecutive days 
a 
specific vehicle to be operated without a fuel use identification 
decal. 
The permit must accompany the vehicle at all times. 
The 
fee for a permit is $50. 
8. 
Enforcement. 
A state police officer or any member of 
the Department of Public Safety designated by the Commissioner of 
Public Safety may enforce this section. 
A person in violation of the requirements for reporting fuel use 
taxes under Title 36 may be required to fully comply before being 
allowed to proceed. 
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eFimeT-~-~h~~--a-~~-€emmi~6--&-~~~-Q-~~~-~~--taa~ 
FeFSeB-Q4~~~Y~7-~~--~~i~~-~e-~-~~~~-~~~-eeea± 
eF-FeFmi~-eF-a-eeea±-eF-FeFmi~-issQee-te-aBe~aeF-FeFseBT 
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a'iJaiBS&-whem--en:f~-oement--ao-t-iGn--:aa~-:geeB-~~keB-~-nQ-t:--eGffiffii~-a 
sQ:9se~QeB~-~~~~~~~-~Ri6-~~-ia¥el¥i~-~he-~-¥eaie±e 
QB~il--&~~r-~~-~~-e~--:9QsiBess-~a-~~-~~--~64Be66--eay 
~ellewiB'iJ-~ae-ea~e-e~-&ae-¥ie±a~ieBT 
~e~wi~aS&aBeiB'iJ-~4~~e-~r-&-FeFSeB-€~¥4€~ee-~--~~~~i~-~ais 
seetieB-~~~~~-~e-~-~erBei&Qre-~-~-±eas~-~~-~~-may 
Be~-:ge-sQsFeBeeeT 
9-A. 
Violation. 
The 
following 
penalties 
apply 
to 
violations of this section. 
A. 
A person who violates this section commits a Class E 
crime. 
B. 
Notwithstanding paragraph At a person who violates this 
section 
by 
displaying 
or 
causing 
or 
permitting 
to 
be 
displayed a false decal or permit or a decal or permit 
issued to another person commits a Class D crime. 
A person issued a summons for failure to display a valid fuel use 
identification decal pursuant to subsection 6 may not be issued 
an additional summons for the same vehicle within one business 
day. 
A person convicted of violating this section is subject to a fine 
of at least $250, which may not be suspended. 
COMMITTEE AMENDMENT 
\;/&;~,o 
COMMITTEE AMENDMENT" A .. to S.P. 545, L.D. 1590 
10. 
Suspension. 
If a person fails to file a 
fuel tax 
report 
or 
to 
pay 
any 
taxes, 
interest, 
penalties 
or 
audit 
assessment as required pursuant to Title 36, chapter 457 or 459 
or any rule adopted pursuant to this section, the Secretary of 
State shall suspend the person's fuel tax license, all fuel 
decals issued to the person and that person's privilege to 
operate as 
a motor carrier. 
In order to be reinstated, the 
person 
must 
file 
all 
delinquent 
tax 
returns 
and 
pay 
all 
assessments, interest and penalties. 
In addition, the person 
must pay 
a 
$35 
reinstatement fee 
pursuant to section 2486, 
subsection 1. 
11. 
Cooperation. 
The State Tax Assessor, the Department of 
Public Safety and the Secretary of State shall cooperate in the 
issuance of decals, licenses and permits, the processing of tax 
returns, enforcement of this section and to ensure that timely 
information is readily available to all enforcement personnel of 
the status of those in noncompliance with the fuel use tax laws, 
intrastate and interstate for-hire operating authority permit 
requirements and motor vehicle registration laws. 
Subject to the provisions of Title 36, the State Tax Assessor may 
delegate 
to 
the 
Secretary 
of 
State 
responsibility 
for 
the 
processing of motor carrier fuel tax returns, motor carrier fuel 
tax 
collection 
and 
compliance 
with 
the 
administrative 
requirements of the International Fuel Tax Agreement. 
12. 
Funds. 
All 
fees, 
fines, 
fuel 
tax 
revenue 
and 
forfeitures accrue to the Highway Fund. 
13. 
Rules. 
The Secretary of State in consultation with the 
State Tax Assessor and the Commissioner of Public Safety may 
adopt 
rules 
to 
implement 
this 
section 
and 
to 
provide 
for 
participation in the International Fuel Tax Agreement. , 
Further amend the bill by inserting after section 9 the 
following: 
'Sec. 10. 29-A MRSA §1002, sub-§7, as amended by PL 2001, c. 
671, §20, is further amended to read: 
7. 
Demonstrating a loaded truck. 
A dealer must obtain a 
written permit from the Secretary of State to demonstrate a 
loaded truck, truck tractor, trailer, semitrailer or combination 
of vehicles bearing dealer plates. 
A-~~m4~-~~~-~~~~-~e-Qeffi9R~~~a~e-~~~~~~-eeffiaiBa~ieB 
e~-vehie±es-wi~he~~-a-±eaaT 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
A permit may be issued to a nonresident dealer when reciprocity 
has been established. 
A permit may not be 
longer than 7 days. 
the same individual 
period of more than 
issued to allow demonstration for a period 
A permit to demonstrate can not be issued to 
or company more than once to cause use for a 
days. 
A permit may not be issued to a 
vehicle or combination of 
vehicles that is being rented or leased. 
The processing fee for a permit to demonstrate is $1.' 
Further amend the bill in section 10 in subsection 8 by 
striking out all of the blocked paragraph (page 4, lines 46 to 50 
in L.D.) and inserting in its place the following: 
'A truck tractor and trailer or semitrailer combination may be 
operated with dealer plates if the dealer is licensed as a new 
vehicle dealer or used vehicle dealer and heavy trailer dealer 
and if the trailer or semitrailer does not contain a load.' 
Further amend the bill by inserting after section 12 the 
following: 
'Sec. 13. 29-A MRSA §1253, sub-§3, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Endorsements for double or triple trailers, buses, tank 
trucks or hazardous materials. 
Operation of a double or triple 
trailer, 
bus 
or 
tank 
truck 
requ1r1ng 
a 
commercial 
driver's 
license or a vehicle carrying hazardous materials requiring a 
placard requires a special endorsement on a commercial license. 
An endorsement may be made under this sUbsection only after the 
applicant 
has 
successfully 
passed 
the 
examination 
for 
the 
specific vehicle. 
To 
retain a 
hazardous material endorsement 
commercial license, 
a 
reexamination of the 
written test is required. 
on renewal 
of 
a 
hazardous material 
A person 
who 
applies 
for 
or 
receives 
a 
hazardous material 
endorsement must comply with the conditions and requirements of 
the 
federal 
Uniting 
and 
Strengthening 
America 
by 
Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism 
(USA PATRIOT ACT) Act of 2001, Public Law 107-56, 115 Stat. 272.' 
COMMITTEE AMENDMENT 
\ \. :1\: ~,->." 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
Further amend the bill by inserting after section 13 the 
following: 
'Sec. 14. 29·A MRSA §1307, sub·§4, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
4. 
Cancellation 
of 
examination 
appointment. 
If 
an 
examination requires an appointment and the examinee does not 
keep that appointment, the Secretary of State shall assess an 
additional $aG tlQ fee for a Class A or Class B examination and 
$9 ~ 
for a bus, school bus or Class C examination at the time 
of reappointment for examination. 
If the examinee notifies the 
Department of the Secretary of State, Bureau of Motor Vehicles, 
Driver Examination Section of cancellation at least 48 hours 
prior to the examination, the Secretary of State shall waive the 
addi tional fee.' 
Further amend the bill by striking out all of sections 17, 
and 19 and inserting in their place the following: 
'Sec. 17. 29·A MRSA §1406, 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: 
§1406. ExPiration 
1. ExPiration of license; persons under 65 years of age. 
The following provisions apply to the expiration of a license for 
persons under 65 years of age. 
A. 
A noncommercial 
license to operate 
a 
motor vehicle 
issued to a person under 65 years of age expires at midnight 
on the license holder's 6th birthday following the date of 
issuance. 
B. 
A commercial driver's license to operate a motor vehicle 
issued to a person under 65 years of age expires at midnight 
on the license holder's 5th birthday following the date of 
issuance. 
2. 
ExPiration of license; persons 65 years of age and 
over. 
A license to operate a motor vehicle issued to a person 65 
years of age or older at the date of issuance expires at midnight 
on the license holder's 4th birthday following 
the date of 
issuance. 
3. 
Leap year birthday. 
For the purposes of this section, a 
person born on February 29th is deemed to have been born on March 
1&t..... 
COMMITTEE AMENDMENT 
.-:~ 
~~.;. 
.," 
\'. 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
4. 
Renewals. 
Prior to the expiration of 
a 
license to 
operate a motor vehicle, the Secretary of State shall send the 
license holder a renewal application. 
5. 
Fee: 
6-year 
license. 
The 
fee 
for 
the 
6-year 
noncommercial driver's license is $30. 
6. 
Fee: 5-year license. 
The fee for the 5-year commercial 
driver's license is $34. 
7. 
Fee; 
4-year 
license. 
The 
fee 
for 
the 
4-year 
noncommercial driver's license is $21. 
The fee for the 4-year 
commercial driver's license is $28.' 
Further amend the bill in section 20 in subsection 3 in 
paragraph A in the first line (page 7, line 22 in L.D. ) 
by 
inserting after the 
following: 
"forms" 
the 
following: 
'and 
gpprQve the fQrmgt for ele!:::tronic §ubmi§§iQn' 
Further amend the bill by striking out all of section 21 and 
inserting in its place the following: 
'Sec. 21. 29-A MRSA §22S1, sub-§4, 1fB, as amended by PL 1997, 
c. 178, §3, is further amended to read: 
B. 
Within 5 days 
from the time of notification of the 
accident, 
transmit 
gn 
electrQni!::: 
rePQrt 
Qr 
the original 
written report containing all available information to the 
Chief of the State Police.' 
Further amend the bill by striking out all of sections 25 
and 26. 
Further amend the bill by striking out all of section 29 and 
inserting in its place the following: 
'Sec. 29. 29-A MRSA §24S8, sub-§2, 1JP, as amended by PL 2003, 
c. 25, §2, is further amended to read: 
P. 
Has failed to provide a valid social security number 
pursuant to section 1301; e~ 
Sec. 30. 29-A MRSA §24S8, sub-§2, 1fQ, as enacted by PL 2003, 
c. 25, §3, is amended to read: 
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 
COMMITTEE AMENDMENT 
... ~ 
. I," 
. , 
~\ ... ,.:;>~ 
'. 
COMMITTEE AMENDMENT "A " to S.P. 545, L.D. 1590 
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 imposedTL-QI 
Sec.31. 29-A MRSA §2458, sub-§2, 1JR is enacted to read: 
R. 
Is 
not 
in 
compliance 
with 
the 
conditions 
and 
requirements 
of 
the 
federal 
Uniting 
and 
Strengthening 
America by Providing Appropriate Tools Required to Intercept 
and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Public 
Law 107-56, 115 Stat. 272. 
Sec. 32. 29-A MRSA §2458, sub-§4, as amended by PL 2003, c. 
25, §4, is further 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 waeFe-~he-~~~--~¥&ea~~~-Fes~s 
se~e~y-~~-~~~~i&~~~-ia-~~~-~~-aB-e~~ea5e-~~-~~-s~a~a~e 
is-~~~~~-~Feaaes-~~-~~-sas~easiea-~--~~r-eF 
~ae-~~~~-~he-~~~~~~-S~a~e~s-~~~-is-a-~~~-e~ 
aai~-~-~aG~~~~~-%eJease-~~--~e-5~~~~~~-~r-~aFa~Fa~h 
gT when: 
A. 
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; 
B. 
The basis of the Secretary of State's action is a 
condition 
of 
bail 
or 
conditional 
release 
pursuant 
to 
subsection 2, paragraph 0; or 
C. 
The suspension or revocation is required by federal 
statute or regulation. 
Sec. 33. 29-A MRSA §2482, sub-§2, 1JC, as amended by PL 1997, 
c. 776, §SO, is further amended to read: 
C. 
If the 
suspension or 
revocation is 
imposed 
by 
an 
authority other than a court, the right of the person to 
request 
a 
hearingT 
and 
the 
procedure 
for 
requesting 
a 
hearing aae-~~~~-ay-whi€h-~-~~s~-fe%-~~~~~-ffiast 
ae-ffiaee; and 
Sec.34. PL2001,c.463,§7 is amended to read: 
COMMITTEE AMENDMENT 
.. 
. ;;.:" 
'\" 
COMMITTEE AMENDMENT "A" to S.P. 545, L.D. 1590 
Sec. 7. Effective date. 
That section of this Act that enacts 
the Maine Revised Statutes, Title 29-A, 
section 1601-A takes 
effect J~~y-1T-~ggJ January I. 2005. 
Those sections of this Act 
that amend Title 29-A, section 525, subsection 10; section 2486, 
subsection 1; section 2605, subsection 4; and section 2608, 3rd 
paragraph take effect January 1, 2003. 
Sec. 35. Report. 
The Secretary of State shall report to the 
Joint Standing Committee on Transportation by April 1, 2004 on 
the status of the 
implementation of the 
requirement that a 
company insuring a motor vehicle notify the Secretary of State 
when insurance coverage is cancelled or terminated or lapses 
pursuant to the Maine 
Revised Statutes, Title 
29-A, 
section 
1601-A. 
Sec. 36. Effective date. 
This Act takes effect October 1, 2003, 
except as otherwise indicated. 
Emergency clause. 
In view of the emergency cited in the 
preamble, that section of this Act that amends Public Law 2001, 
chapter 463, section 7 takes effect when approved.' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering 
number 
to 
This amendment makes the following changes to the bill. 
any 
read 
1. 
It clarifies that manufacturers and distributors of 
motor vehicles must apply for a license for each line make rather 
than each franchise. 
2. 
It amends the definitions of "commercial motor vehicle" 
and "hazardous material" to comply with federal definitions. 
3. 
It clarifies that vehicles weighing more than 10,000 
pounds may be operated with dealer plates provided the vehicle 
doesn't contain a load. 
4. 
It establishes a 5-year commercial driver's license for 
persons 
under 
years 
of 
age 
consistent 
with 
American 
Association of Motor Vehicle Administrators and Federal Motor 
Carrier Safety Administration recommendations. 
5. 
It delays the effective date for the implementation of 
the electronic notification of insurance cancellation to January 
COMMITTEE AMENDMENT 
• 
COMMITTEE AMENDMENT .. A .. to S.P. 545, L.D. 1590 
1, 2005. 
It also requires that the Secretary of State report to 
the Joint Standing Committee on Transportation by April 1, 2004 
on the status of the implementation of the requirement that a 
company insuring a motor vehicle notify the Secretary of State 
when insurance coverage is cancelled or terminated or lapses. 
6. 
It increases the fee assessed for failure to appear for 
a scheduled driver's license examination. 
7. 
It clarifies that an accident report may be submitted to 
the Chief of State Police in electronic format. 
8. 
It clarifies that the one-day grace provision for a 
violation of statutes regarding fuel tax identification decals 
applies only to the display of fuel decals and not to the filing 
of fuel tax reports and the payment of fuel taxes. 
9. 
It implements 
the 
requirements 
of 
the 
federal 
USA 
PATRIOT 
ACT 
relating 
to 
security 
threat 
assessment 
for 
individuals 
applying 
for 
or 
receiving 
hazardous 
material 
endorsement for a commercial driver's license. 
10. 
It adds an emergency preamble and emergency clause. 
FISCAL ~OTE REQl1RED 
(See attached) 
Page ll-LR1941(2) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Detail and Notes 
. . 
Approved: 05/23/03 ~ac:.. 
• 
Office of Fiscal and Program Review 
LD 1590 
An Act To Amend the Motor Vehicle Laws 
LR 1941(02) 
Fiscal Note for Bill as Amended by Committee Amendment:4' d. ~ 7 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
($6,728) 
$6,728 
2004-05 
($8,924) 
$8,924 
Projections 
2005-06 
($8,924) 
$8,924 
Projections 
2006-07 
($8,924) 
$8,924 
Requiring that certain individuals pay certain fees for digital driver's licenses, that certain fees be increased for failure 
to appear for a scheduled driving test and that changes be made in the fees for, and length of, certain licenses, will 
increase Highway Fund revenues collected by the Bureau of Motor Vehicles within the Department of the Secretary of 
State. The estimated amounts are $3,878 and $3,088 in fiscal years 2003-04 and 2004-05, respectively. 
LR1941(2) - Fiscal Note - Page 1 of 1