An Act To Enhance Driver Education and Safety
Maine Legislature, Session 122, LD 0555
Committee Amendment CA_A_H289 (House)

COMMITTEE AMENDMENT ,A" to H.P. 410, L.D. 555, Bill, 
Act To Enhance Driver Education and Safety" 
"An 
Amend 
the bill by striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 1. 29·A MRSA §1357 is enacted to read: 
§1357. 
AdVanced driver education 
1. 
Definitions. 
As 
used in this 
section. 
unless 
the 
context 
otherwise 
indicates. 
the ·following 
terms 
have 
the 
following meanings. 
A. 
"Advanced driver education" means any type of classroom 
instruction in the driving of an automobile. excluding a 
motorcycle. given for remuneration or course credit to an 
individual who possesses or who previously possessed a v.alid 
driver's license. 
B. 
"Instructor" means a person engaged in teaching advanced 
driver education. 
2. 
Advanced 
driver 
education 
course 
authorized. 
Notwithstanding sections 1351. 1352. 1353 and 1354. a person may 
provide 
advanced 
dr i ver 
education 
in 
accordance 
wi th 
the 
following provisions. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to H.P. 410, L.D. 555 
A. A person may not provide advanced driver education unless 
licensed by the Secretary of State. 
An instructor license 
is valid for 
years 
from 
the 
date 
of 
issuance. 
An 
applicant for an instructor license must meet the following 
reguirements. 
(1) 
The person is at least 21 years of age and has a 
high school diploma or its eguivalent. 
(2) 
The 
person 
has 
at least 
years 
of driving 
experience as a licensed operator and possesses a valid 
driver's license. 
(3) 
The person has not been convicted for a moving 
criminal traffic offense within the last 
years. 
except for operating without a driver's license if the 
license was expired less than 5 years and operating 
with an expired registration. 
( 4) 
The 
person 
has 
not 
been 
designated 
as 
an 
accident-prone driver pursuant to section 1308 within 
the last year. 
(5) 
The 
person 
has 
not 
had 
a 
driver's 
license 
suspended or revoked within the last 6 years pursuant 
to sections 2411. 2453. 2454. 2456. 2457. 2472. 2521. 
2525. 2554. 2555 or 2557. 
(6) 
The person has not been convicted within the last 
years for any crimes for which more than one year of 
incarceration may be ordered. 
(7) 
The 
person 
must 
have 
at 
least 
one 
year 
of 
training. education or experience in driver education. 
driver evaluation. 
assessment or testing or teaching 
defensive driving. 
B. 
An 
advanced 
driver 
education 
course 
must 
include 
instruction 
that 
imparts 
the 
understanding 
and 
skills 
necessary to operate a motor vehicle safely. 
An instructor 
is responsible for the facilities. operation and curriculum 
of an advanced driver education course. 
The curriculum must 
be filed with the Secretary of State annually. 
C. 
A student record sheet must be kept for each student and 
maintained for a period of at least 3 years from the date 
advanced driver education was provided. 
The student record 
sheet must contain the following information: 
(1) 
The name and address of the student; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
. to H.P. 410, L.D. 555 
(2) 
The 
name 
of 
the instructor 
who 
provided the 
instruction and the location where the instruction was 
provided. 
D. 
An instructor must. prior to the start of the course, 
advise students in writing of the following: 
(1) 
The refund policy of the instructor: 
(2) 
That completion of the course will not entitle 
students to an insurance discount: and 
(3) 
That completion of the course will not provide 
point credits on driver's licenses. 
E. 
An instructor shall allow the Secretary of State access 
to records to ensure compliance with statutory requirements. 
F. 
An instructor may not make any false, misleading or 
deceitful 
claims, 
statements 
or 
representations 
in 
any 
advertisement or solicitation. 
G. The fee for issuance and renewal of an instructor license 
under subsection 2, paragraph A is $40. 
3. 
Penalties. 
A 
person 
who 
conducts 
advanced 
driver 
education without a valid instructor license commits a Class E 
crime. 
4. 
Suspension or 
revocation of 
license: 
hearings. 
The 
Secretary of State may suspend, 
revoke or refuse to issue or 
renew an instructor license for noncompliance with statutory 
requirements. 
A person refused a license or whose license is 
suspended or revoked may request a hearing with the Secretary of 
State. A requested hearing must be conducted pursuant to chapter 
23, subchapter 2, article 3.' 
SUMMARY 
This amendment replaces the bill. 
The amendment authorizes 
an 
advanced 
driver 
education 
course, 
establishes 
instructor 
licensing and curriculum requirements and provides penalties for 
noncompliance with the statutory provisions governing advanced 
driver education. 
FISCAL :"IOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/05/05 .:fI'dae 
LD555 
LR0972(02) 
An Act To Enhance Driver Education and Safety 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase - Highway Fund 
Correctional and Judicial Impact Statements: 
Establishes a new Class E crime. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The Bureau of Motor Vehicles will incur minor costs to process advanced driver education licenses and will receive 
minor amounts of revenue for the Highway Fund for license fees.