An Act To Amend the Motor Vehicle Laws
Maine Legislature, Session 122, LD 1463
Committee: Transportation
Sponsors: DAMON, COLLINS, HOGAN, PINEAU, SAMPSON
Amends: 29-A MRSA §101, 29-A MRSA §410, 29-A MRSA §512, 29-A MRSA §519, 29-A MRSA §659, 29-A MRSA §752-A, 29-A MRSA §903, 29-A MRSA §951, 29-A MRSA §1258, 29-A MRSA §2106, 29-A MRSA §2115, 29-A MRSA §2301, 29-A MRSA §2458

Legislative Document 
No. 1463 
H.P.1026 
House of Representatives, March 23, 2005 
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 Representati ve MARLEY of Portland. 
Cosponsored by Senator DAMON of Hancock and 
Jrj~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COLLINS of Wells, HOGAN of Old Orchard Beach, PINEAU of Jay, 
SAMPSON of Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §101. sub-§28-A. as enacted by PL 1999, c. 
674, §l, is repealed and the following enacted in its place: 
28-A. 
means 
a 
brother, 
spouse. 
lnaediate family member. 
"Immediate family member" 
grandparent, 
stepgrandparent, 
parent, 
stepparent, 
stepbrother, 
sister, 
stepsister, 
child, 
stepchild or 
Sec. 2. 29-A MRSA §410, as enacted by PL 1995, c. 482, Pt. A, 
§3, is amended to read: 
§410. Voluntary surrender or cancellation 
A 
registrant 
may 
voluntarily 
surrender 
vehicle 
registration. 
The 
Secretary of State shall 
record that the 
registration has been cancelled. 
The Secretary of State may 
require 
the 
return 
of 
any 
certificate 
of 
registration 
or 
registration plate issued to the registrant for the vehicle. 
The 
registrant may activate the registration at any time prior to the 
original 
expiration 
or 
the 
registration. 
~~e---fee---fB~ 
Feae~iva~ieR-is-$lQT 
Sec. 3. 29-A MRSA §512. as amended by PL 2003, c. 253, §§2 
and 3 and affected by §5, is amended by adding after the first 
paragraph a new paragraph to read: 
A 
person 
applying 
for 
a 
registration 
under 
the 
8-year 
program or the 12-year semipermanent registration plate program 
described 
under 
subsection 
must 
register 
a 
minimum 
of 
vehicles in the program. 
Sec. 4. 29-A MRSA §519. sub-§I. as enacted by PL 1993, c. 683, 
Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Authority to issue special registration plate. 
Upon 
application by an active firefighter whose status is certified by 
the fire chief, assistant fire chief or acting fire chief, as 
described in Title 30-A, section 3153, the Secretary of State 
shall issue a special firefighter registration plate. 
Sec. 5. 29-A MRSA §519. sub-§6 is enacted to read: 
6. 
Issuance. 
Firefighter plates are issued in accordance 
with the provisions of this section· and section 453. 
Vanity 
plates may not duplicate vanity plates in any other class of 
plate. 
Sec. 6. 29-A MRSA §659, sub-§4 is enacted to read: 
Page l-LR0596(1) 
4. 
Violation. 
Vi o.l.s!.t...i on 
of this section is a traffic 
infraction for which a fine of not less than $100 and not more 
than $500 may be adjudged. 
Sec. 7. 29-A MRSA §752-A is enacted to read: 
§752-A. 
Exempted odometer information 
A vehicle's odometer reading is not required to be disclosed 
on transfers of the following vehicles: 
A. 
A vehicle that is not self-propelled: or 
B. 
A vehicle that is 10 years old or older. 
Notwithstanding any other provisions of this Title. 
the 
Secretary of State may 
require odometer 
information for 
any 
vehicle. as set forth in section 752. upon showing by records or 
other sufficient evidence 
that vehicle mileage 
discrepancies 
exist. 
Sec. 8. 29-A MRSA §903, sub-§3, as amended by PL 2003, c. 544, 
§1, is further amended to read: 
3. 
Plate reduction. 
Upon renewal of a dealer license, the 
number of plates allowed a motor vehicle dealer who fails to sell 
a 
minimum of one vehicle per month or 12 vehicles wi thin a 
12-month period must be reduced to one dealer plate, and the 
motor vehicle dealer may not be issued a dealer plate under 
section 1002, subsection 1, paragraph B. 
Upon a 2nd application 
for renewal of a dealer license, a motor vehicle dealer must be 
denied renewal if the Secretary of State determines that the 
dealer sold fewer than 4 vehicles in the previous license year, 
at which time all dealer credentials issued previously must be 
returned to the Secretary of State. 
A motor vehicle dealer who is denied a license renewal under this 
subsection may not reapply until the license has been expired at 
least one year. 
A motor vehicle dealer who 
holds 
a 
vehicle auction business 
license under section 1051 is exempt from this subsection. 
A motor vehicle dealer who 
engages primarily in the sale of 
elassie vehicles more than 15 years old, emergency vehicles or 
industrial or farm equipment is exempt from this subsection. 
Sec. 9. 29-A MRSA §951~ sub-§2. as enacted by PL 1993, c. 683, 
Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Dealers must be licensed. 
A person may not engage in 
the 
business 
of 
buying, 
selling, 
exchanging, 
offering 
to 
negotiate, negotiating or advertising a sale of vehicles unless 
that pers0n has been issued a license under this subchapter. 
A 
dealer licensed by any other jurisdiction who sells vehicles only 
to 
licensed 
dealers 
in 
this 
State 
is 
exempt 
from 
this 
subsection. 
Violation of this subsection is a Class E crime. 
Sec. 10. 29-A MRS A §1002, sub-§4, 1rD is enacted to read: 
D. 
A vehicle to which a service vehicle plate is attache_Q 
must have the name of the licensed dealership on the sides 
of the vehicle in letters at least 3 inches in height and 
clearly visible. 
The name of any other business may not be 
displayed on the sides of the vehicle to which the service 
vehicle plate is attached. 
Sec. 11. 29-A MRSA §1258, sub-§l, 1rC, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
C. 
Members 
of 
the 
board 
are entitled to 
eeffipeBsa~~eB 
expenses only in accordance with Title 5, chapter 379. 
Sec. 12. 29-A MRSA §1258, sub-§2, 1rA, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
The board shall meet at least aBB1:ially once every 2 
~ 
and may hold as many meetings as necessary. 
Sec. 13. 29-A MRSA §2106. sub-§l, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
I. 
Odometer. 
A person is guilty of a Class ~ ~ offense if 
that person: 
A. 
Disconnects, changes or tampers with the odometer of a 
motor vehicle with the intent to misrepresent or change the 
number of miles indicated on the odometer; or 
B. 
When the odometer reading differs from the number of 
miles a vehicle has been driven, knowingly offers for sale 
that 
motor 
vehicle 
without 
disclosing 
that 
the 
actual 
mileage is unknown or is known to be different than the 
odometer reading. 
Sec. 14. 29-A MRSA §2115, as corrected by RR 2003, c. 2, §93, 
is amended to read: 
§2ll5. Operating motor vehicle on Pickerel Pond 
A person may not operate a motor vehicle as defined in 
section 101, subsection 42 on Pickerel Pond located in Township 
Middle 
Division. 
This 
section 
does 
not 
apply 
to 
motor 
vehicles of the Department of Inland Fisheries and Wildlife, 
airmobiles as defined in Title 12, section 13001, subsection 2 
and authorized emergency vehicles as defined in section 2054, 
subsection 1, paragraph B. 
A person who violates this section 
commits a 
8ivil-¥i91a~i9B traffic infraction for which a fine of 
not less than $100 nor more than $500 may be adjudged. 
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 from home to school, from school to home or to and from 
school-sponsored events. 
"School bus" does not include a bus 
used as a common carrier. 
Sec. 16. 29-A MRSA §2458. sub-§2. 1fQ. as amended by PL 2003, 
c. 434, §31 and affected by §37, is further 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 
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; 
e~ 
Sec. 17. 29-A MRSA §2458, sub-§2, 1fR, as enacted by PL 2003, 
c. 434, §32 and affected by §37, is amended 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. 272TL 
Sec. 18. 29-A MRSA §2458. sub-§2.1f1fS to U are enacted to read: 
S. 
Has failed to deliver or assign the certificate of title 
upon the request of the Secretary of State: 
T. 
Has failed to comply with the provisions of Title 36, 
chapter 457 or 459; or 
U. 
Has 
failed 
to 
provide 
the 
information 
required 
in 
section 401, subsection 2. 
Sec. 19. 29-A MRSA §2458, sub-§2, as amended by PL 2003, c. 
25, §l and c. 434, §§30 to 32 and affected by §37, is further 
amended by repealing the last 2 blocked paragraphs. 
SUMMARY 
The bill: 
1. 
Makes technical changes to the Medical Advisory Board; 
2. 
Clarifies 
member" 
includes 
stepchild; 
that 
the 
definition of 
"immediate 
family 
stepgrandparent, 
stepbrother, 
stepsister 
and 
3. 
Eliminates 
the current reactivation fee 
of 
$10 
for 
registrants who voluntarily surrender or cancel their vehicle 
registrations; 
4. 
Requires that a minimum of 5 trailers be registered in 
the long-term trailer program; 
5. 
Allows for the issuance of vanity firefighter plates and 
clarifies the definition of eligible individuals; 
6. 
Makes violation of the vehicle title bond requirements 
under the Maine Revised Statutes, Title 29-A, 
section 659 
a 
traffic infraction in conformance with the definition and penalty 
applied for such infractions by the courts; 
7. 
Makes Maine law regarding odometer readings cons istent 
with federal law; 
8. 
Allows vehicle dealers that primarily sell vehicles more 
than 15 years old to be exempt from selling more than one vehicle 
per month in order to qualify for renewal of dealer plates. 
The 
classic vehicle language currently exempts those dealers that 
primarily sell vehicles between 15 and 25 years old; 
9. 
Clarifies 
that 
a 
dealer 
licensed 
in 
any 
other 
jurisdiction will 
be 
allowed 
to 
buy 
and 
sell 
vehicles 
in 
dealer-to-dealer 
transactions 
either 
at 
the 
licensed 
Maine 
dealership's 
location 
or 
at 
a 
vehicle 
auction, 
while 
also 
clarifying that retail sales require a Maine dealer's license; 
10. 
Requires that all vehicles that have service vehicle 
plates attached to have the name of the licensed dealership on 
the sides of the vehicle; 
11. 
Makes odometer fraud a Class C crime; 
12. 
Makes operating a motor vehicle on Pickerel Pond a 
traffic infraction to maintain consistency in the designation of 
offenses in the motor vehicle laws: 
13. 
Amends the definition of "school bus" to ensure that 
Maine is in compliance with federal law; and 
14. 
Allows the Secretary of State to suspend a registration 
if 
the 
registrant 
fails 
to 
provide 
information 
on 
the 
registration application as required under Title 29-A, section 
401.