An Act To Amend the Motor Vehicle Laws
Maine Legislature, Session 122, LD 1463
Committee Amendment CA_A_H600 (House)
Amends: 24-A MRSA §2187, 29-A MRSA §252, 29-A MRSA §351, 29-A MRSA §521, 29-A MRSA §523, 29-A MRSA §1253, 29-A MRSA §2353, 29-A MRSA §2472, 29-A MRSA §2486

COMMITTEE AMENDMENT "A" to H.P. 1026, L.D. 1463, Bill, "An 
Act To Amend the Motor Vehicle 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 ensure the State is 
in compliance with the federal Motor Carrier Safety Improvement 
Act of 1999, Public Law 106-159, 113 Stat. 1748 by September 30, 
2005 as required by federal law; 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 inserting before section 1 the 
following: 
'Sec. I. 24-A MRSA §2187, sub-§I, ~B, as enacted by PL 1997, 
c. 675, §2 and amended by PL 2001, c. 44, §ll and affected by 
§14, is further amended to read: 
Page l-LR0596(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 1026, L.D. 1463 
B. 
"Authorized agency" or "authorized agencies" means: 
(1) 
The Attorney General; 
(2) 
A district attorney responsible for prosecution in 
the municipality where the fraud occurred: 
(3) 
The Federal Bureau of Investigation, or any other 
federal agency, only for the purposes of subsection 2; 
(4) 
The State Fire Marshal; 
(5) 
The Superintendent of Insurance; 
(6) 
The Superintendent of Financial Institutions; 
(7) 
The 
United 
States 
Attorney's 
office 
when 
authorized or charged with investigation or prosecution 
of the 
insurance 
fraud 
in question, 
only for 
the 
purposes of subsection 2; 
(8) 
The State Police, state law enforcement officials 
or local law enforcement officials; or 
(9) 
The 
National 
Association 
of 
Insurance 
Commissioners. ' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec. 2. 29-A MRSA §lOl, sub-§l-A is enacted to read: 
I-A. Access aisle. "Access aisle" means a designated space 
for 
maneuvering 
a 
wheelchair 
or other mobility device 
when 
entering or exiting a yehic1e, and that is immediately adj acent 
to 
a 
properly designated parking space for 
a person with a 
disability. 
An access aisle must be marked so as to discourage 
parking in it. 
Sec. 3. 29-A MRSA §252, sub-§l, as amended by PL 2003, c. 434, 
§5 and affected by §37, is further amended to read: 
1. 
Reports furnished. 
The Secretary of State shall provide 
a 
copy of a 
record pertaining to convictions, adjudications, 
accidents, suspensions and revocations of a driver's license for 
a fee of $5 each for a driving record covering 3 years and $10 
each for a driving record covering more than 3 years. 
Certified 
copies are an additional $1. 
A person receiving a report by 
electronic transmittal shall pay the fee associated with that 
transmittal. 
The 
Secretary of 
State 
shall 
adopt 
rules 
to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A .. to H.P. 1026, L.D. 1463 
establish a 
fee 
schedule and procedures governing electronic 
transmittal of a record. 
Sec. 4. 29-A MRSA §351, sub-§l-A, as amended by PL 1999, c. 
68, §1, is further amended to read: 
I-A. 
Residents required to register. 
An owner of a vehicle 
who becomes a resident of this State shall register that vehicle 
in this State within 30 days of establishing residency. 
A person 
who 
operates or allows 
a 
vehicle that is not registered in 
accordance with this subsection to remain on a public way commits 
a-t~a~~ie-ia~~aetieR-pa~saaRt-te-saBseetiea-lT-pa~a~~apR-AT~ 
A. 
A traffic infraction for which a fine of not more than 
$50 may be adjudged if more than 30 days but less than 150 
days has elapsed since establishing residency: or 
B. 
A Class E crime if more than 150 days have elapsed since 
establishing residency.' 
Further amend the bill by striking out all of sections 3 to 
and inserting in their place the following: 
I Sec. 3. 29-A MRSA §521, sub-§9-A, as amended by PL 2003, c. 
633, §2, is further amended to read: 
9-A. 
Enforcement of disability parking restrictions. 
A law 
enforcement officer may enforce disability parking restrictions. 
The State Police shall enforce disability parking restrictions at 
service facilities established on the Maine Turnpike and on the 
interstate highway system in the State. 
A person commits 
a 
traffic infraction if that person parks in a parking space or 
access aisle designated and clearly marked for persons with 
physical 
disabilities 
and 
has 
not 
been 
issued 
or 
is 
not 
transporting 
a 
person 
who 
has 
been 
issued 
a 
disability 
registration plate or a removable windshield placard pursuant to 
this section or section 523 or a disability registration plate or 
placard issued by another state. 
Sec. 4. 29-A MRSA §523, sub-§5, ~V and Q, as enacted by PL 
2001, c. 453, §2 and affected by §4, are amended to read: 
P. 
Armed Forces Expeditionary Medal; aae 
Q. 
Kosovo Service MedalTL 
Sec. 5. 29-A MRSA §523, sub-§5, ~~R to U are enacted to read: 
R. 
Korea Defense Service Medal; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to H.P. 1026, L.D. 1463 
S. 
Global War on Terrorism Medal: 
T. 
Irag Campaign Medal: and 
U. 
Afghanistan Campaign Medal. ' 
Further amend the bill by striking out all of section 11 and 
inserting in its place the following: 
'Sec. 11. 29-A MRSA §1253, sub-§2, as amended by PL 2003, c. 
652, Pt. B, §6 and affected by §8, is further 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, the federal Motor Carrier Safety Improvement 
Act of 1999, Public Law 106-159, 113 Stat. 1748 and regulations 
adopted under taat--Aet those Acts 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, administrative procedures, practices and policies, 
organizational 
structures, 
internal 
control 
mechanisms 
and 
resource assignments. 
These compliance measures 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1026, L.D. 1463 
(3) 
Operated or 
while under the 
drugs: and 
attempted to operate a motor vehicle 
influence of intoxicating liquor or 
E. 
Provide maximum safety on public ways. 
Sec. 12. 29·A MRSA §1258, sub-§8 is enacted to read: 
8. 
Reporting. 
Notwithstanding the provisions of Title 5, 
section 12005-A, the board is not required to file an annual 
report with the Secretary of State unless the board meets and 
exercises any of its powers and duties during a calendar year. 
In any calendar year in which the board meets and exercises any 
of its powers and dut!es, the board is subject to the provisions 
of Title 5, section l2005-A.' 
Further amend the bill by striking out all of section 15 and 
inserting in its place the following: 
'Sec. 15. 29·A MRSA §2301, sub-§5, 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: 
5. 
School bus. 
"School 
bus" 
means 
a 
commercial 
motor 
vehicle used to transport preprimary, primary or secondary school 
students trom bome to school, from school to home or to and from 
school-sponsored events. "School bus" does not include a bus used 
as a 
~Qmmon carrier Qr a private schQol activity bus. 
Sec. 16. 29-A MRSA §2353, sub-§5, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
5. 
Maximum 
tire 
weight. 
Netwitast;a!lei!l'!J--~--etaeJ:' 
pJ:'evisie!l-e~-tais-~it±er-a A vehicle may not be operated when the 
load on the road surface is greater than 600 pounds per inch of 
tire 
width, 
manufacturer's 
rating, 
except 
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seaseaT for: 
A. 
Farm 
trucks transporting potatoes directly from 
the 
fields to the place of storage or to a processing facility 
during the potato harvesting season; or 
B. 
A vehicle operating under an overweight permit issued 
pursuant to section 2381. 
A tractor, the propulsive power of which is exerted not through 
wheels resting on the ground but by means of a flexible band or 
chain known as a movable track, is not subject to this subsection 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.P. 1026, L.D. 1463 
if the portions of track in contact with the surface of the way 
present plane surfaces.' 
Further amend the bill by inserting after section 19 the 
following: 
'Sec. 20. 29-A MRSA §2472, sub-§I, as amended by PL 1997, c. 
737, §15 and affected by §22, is further amended to read: 
1. 
Licensee not yet 21 years of age. 
A license issued to a 
person who 
has not yet attained the 
age of 
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. 
A license of a person who has not yet attained 21 years of age 
includes 
the condition that the person not operate 
a 
motor 
vehicle with any amount of alcohol in the blood. 
When a person 
who has not yet attained 21 years of age operates a motor vehicle 
with any 
amount of alcohol in the blood, 
the provisions of 
section 1251, subsection I, paragraph B apply. 
Sec. 21. 29-A MRSA §2486, sub-§4 is enacted to read: 
4. 
Electronic 
pa~nt. 
A 
person 
electronically 
transmitting the fee pursuant to this section shall pay the fee 
associated with that transmittal. 
Sec. 22. Effective date; contingency. 
This Act takes effect 90 
days after adjournment of the First Special Session of the 122nd 
Legislature, except as otherwise indicated, and except that that 
portion of this Act that enacts the Maine Revised Statutes, Title 
29-A, section 523, subsection 5, paragraphs T and U takes effect 
January 1, 2006 or when the United States Secretary of Defense 
approves the Iraq Campaign Medal and Afghanistan Campaign Medal 
designs, 
whichever 
occurs first, 
but 
in no 
event may that 
portion of this Act that enacts the Maine Revised Statutes, Title 
29-A, section 523, subsection 5, paragraphs T and U take effect 
until 90 days after adjournment of the First Special Session of 
the 122nd Legislature. 
If the Secretary of Defense approves 
the 
Iraq Campaign Medal and Afghanistan Campaign Medal designs before 
January 
1, 
2006, 
the Secretary of 
State shall provide 
the 
Secretary 
of 
the 
Senate, 
the 
Clerk 
of 
the 
House 
of 
Representatives and the Revisor of Statutes written notice of the 
date the Secretary of Defense approved these designs. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.p. 1026, L.D. 1463 
Emergency clause. 
preamble, that section 
Statutes, Title 29-A, 
when approved.' 
In view of the emergency cited in the 
of this Act that amends the Maine Revised 
section 1253, 
subsection 2 takes effect 
Further amend the bill by 
nonconsecutive 
Part 
letter 
consecutively. 
relettering 
or 
section 
SUMMARY 
This amendment does the following. 
or renumbering any 
number 
to 
read 
1. 
It adds an emergency preamble and emergency clause to 
the bill. 
2. 
It 
removes 
language 
from 
the 
bill 
that 
requires 
registrants 
under 
the 
8-year 
and 
12-year 
semipermanent 
registration program to register a minimum of 5 trailers. 
3. 
It removes language from the bill that would allow the 
issuance of vanity firefighter plates. 
4. 
It clarifies that the definition of "school bus" does 
not include a private school activity bus. 
5. 
It expands insurance fraud reporting immunity protection 
to state law enforcement officers. 
6. 
It authorizes the Secretary of State to issue special 
commemorative decals for use with special veterans registration 
plates to applicants awarded the Korea Defense Service Medal, the 
Global War on Terrorism Medal, the Iraq Campaign Medal and the 
Afghanistan Campaign Medal. 
7. 
It requires the State to comply with applicable federal 
laws governing commercial driver's licenses. 
8. 
It requires a person electing to pay a driver's license 
reinstatement fee electronically to pay the fee associated with 
the electronic transmittal. 
9. 
It authorizes the Secretary of State to provide a copy 
of a driving history covering more than 3 years for a fee of $10. 
10. 
It creates fines for 
a 
new resident who 
fails to 
register a motor vehicle within 30 days of establishing residency. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A .. to H.P. 1026, L.D. 1463 
11. 
It prohibits 
a 
person with a 
juvenile provisional 
license from operating a motor vehicle with any amount of alcohol 
in the blood. 
12. 
It defines "access aisle" and prohibits a person from 
parking in the access aisle. 
13. 
It clarifies 
that 
a 
vehicle 
operating 
under 
the 
prov~s~ons of an overweight permit is not subject to the tire 
width requirement of 600 pounds per inch of tire width. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/26/05 frac::.. 
LD 1463 
LR 0596(02) 
An Act To Amend the Motor Vehicle Laws 
Fiscal Note for Bill as Amended by Committee Amendment ,A 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
No net revenue impact - Highway Fund 
Minor cost increase - Highway Fund 
Correctional and Judicial Impact Statements 
Increases a Class D crime to a Class C crime; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by mionor amounts 
Fiscal Detail and Notes 
Eliminating the reactivation fee for a vehicle registration that had been voluntarily surrendered will reduce Highway 
Fund revenue by a minor amount. This minor revenue loss may be offset by a minor Highway Fund revenue increase 
that will be realized from the sale of certain driving records. 
LR0596(2) - Fiscal Note - Page 1 of 1