An Act To Amend the Laws Relating to Motorized Scooters, Motor-driven Cycles and Mopeds
Maine Legislature, Session 122, LD 1464
Committee: Transportation
Sponsors: SAMPSON, COLLINS, HOGAN, MARLEY, THOMAS, DAMON
Amends: 29-A MRSA §101, 29-A MRSA §354, 29-A MRSA §405, 29-A MRSA §452, 29-A MRSA §652, 29-A MRSA §851, 29-A MRSA §954, 29-A MRSA §1252, 29-A MRSA §1254, 29-A MRSA §1304, 29-A MRSA §1352, 29-A MRSA §1902, 29-A MRSA §1904, 29-A MRSA §1913, 29-A MRSA §2052, 29-A MRSA §2062, 29-A MRSA §2063, 29-A MRSA §2074, 29-A MRSA §2080, 29-A MRSA §2083, 29-A MRSA §2091

Legislative Document 
No. 1464 
H.P.1027 
House of Representatives, March 23, 2005 
An Act To Amend the Laws Relating to Motorized Scooters, Motor-
driven Cycles and Mopeds 
(EMERGENCY) 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative SAMPSON of Auburn. 
Cosponsored by Senator SA V AGE of Knox and 
111~ 
1J7.lJ2uc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COLLINS of Wells, HOGAN of Old Orchard Beach, MARLEY of Portland, 
THOMAS of Ripley, Senator: DAMON of Hancock. 
Printed on recycled papt:r 
Emergency preamble. Whereas. acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, there has been a drastic increase in the number of 
motorized cycles and off-road vehicles; and 
Whereas. the 
law 
regarding 
these 
motorized 
cycles 
and 
off-road vehicles is not clear; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §101. sub-§36. as amended by PL 
2001, c. 
687, §4, is repealed and the following enacted in its place: 
36. 
Moped. 
"Moped" means 
a motorized device designed to 
travel with only 2 or 
10-inch or larger diameter wheels in 
contact with the ground and that: 
A. 
May have fully operative pedals for propulsion by huma~ 
power; 
B. 
Has an electric or a liguid fuel motor with a cylinder 
capacity displacement not exceeding 50 cubic centimeters or 
an electric motor with a capacity not exceeding 1,500 watts; 
and 
C. 
Is eguipped with a 
power drive system that functions 
only 
directly 
or 
automatically 
and 
does 
not 
reguire 
clutching or shifting by the operator after the drive system 
is engaged. 
"Moped" does not include an electric personal assistive mobility 
device. 
Sec. 2. 29-A MRSA §lOl. sub-§38. as 
683, Pt. A, 
§2 and affected by Pt. B, 
following enacted in its place: 
enacted by PL 1993, c. 
§S, is repealed and the 
38. 
Motorcycle. 
"Motorcycle" means 
a motor vehicle that 
has a seat or a saddle for the use of the rider and is designed 
to travel with only 2 or 3 10-inch or larger diameter wheels in 
ground contact and has a motor with a cylinder capacity of more 
than 50 cubic centimeters or an electric motor with a capacity of 
not less than 1,500 watts. 
Sec. 3. 29-A MRSA §lOI, sub-§39, as amended by PL 2001, c. 
687, §5, is repealed. 
Sec. 4. 29-A MRSA §IOI. sub-§41-B, as amended by PL 2001, c. 
687, §8, is further amended to read: 
41-B. 
Motorized 
scooter. 
"Motorized 
scooter" 
means 
a 
scooter that has 2 or 3 10-inch or smaller in diameter wheels in 
ground contact or is powered by a motor having a maximum piston 
displacement of less than 25 cubic centimeters or an electric 
e~~vea-me~eF-aRe-~€-~~~~~-~~i~~~~-~-~~e-~baa-6§ 
m~±es--p-e-F--~--ea--a--"[-d.-a-t--61:l.~faee motor with 
a 
capacity not 
exceeding 750 watts_. 
"Motorized scooter" does not include an 
electric personal assistive mobility device. 
Sec. 5. 29-A MRSA §lOl, sub-§47-A is enacted to read: 
47-A. 
Off-road vehicle. 
"Off-road vehicle" means a motor 
vehicle that, because of the vehicle's design and configuration, 
does not meet the inspection standards of chapter 15 and that is 
not a moped or motorcycle. 
Sec. 6. 29-A MRSA §IOL sub-§64-C. as repealed and replaced by 
PL 2003, c. 510, Pt. A, §24, is amended to read: 
64-C. 
Scooter. 
"Scooter" 
means 
a 
device 
upon 
which 
a 
person may ride, consisting of a footboard between 2 end wheels, 
controlled by an upright steering handle attached to the front 
wheel and propelled by human power 
e~-~-met;e~. 
!!Seee~e~'.!.-eee6 
Bet;-~ae±~ee-aB-e±eet;~~e-~e~6eaa±-a66~6t;~ve-mea~±iEy-eev~eeT 
Sec. 7. 29-A MRSA §354 is enacted to read: 
§354. 
Off-road vehicles 
Off-road vehicles may not be registered in accordance with 
this Title. 
Sec. 8. 29-A MRSA §405. sub-§l, as amended by PL 2001, c. 671, 
§5, is further amended to read: 
1. 
Automobile, 
truck, 
truck 
tractor, 
motor 
home, 
motorcycle, 
moped, 
semitrailers not exceeding a 
gross vehicle 
weight of 2,000 pounds, special mobile equipment. tractor and 
camp 
trailer 
registration. 
Registration 
for 
an 
automobile, 
truck, truck tractor, motor home, motorcycle, moped, 
meEe~-e~~veB 
eyeleT semitrailer not exceeding a gross vehicle weight of 2,000 
pounds, special mobile equipment, tractor and camp trailer is as 
follows. 
A. 
A registration expires on the last day of the month one 
year from the month of issuance. 
B. 
When an application is made after the registration for 
the previous year has expired, 
the 
term of the 
renewal 
begins 
on 
the 
month 
of 
the 
issuance 
of 
the 
previous 
registration. 
C. 
A person who has a fleet of 5 or more motor vehicles may 
petition the Secretary of State for a common expiration date 
of all vehicle registrations. 
Sec. 9. 29-A MRSA §452. sub-§I. ~B. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
B. 
A motorcycle 
eF--I'l\O-t....(H"--ffi:--i~-eye*e 
may not be attached to the front of 
ffieteF-eFiveB-eyele. 
registration plate 
that motorcycle 
eF 
Sec. 10. 29-A MRSA §652, sub-§7. as enacted by PL 1993, 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
7. 
Motorcycle or moped of less than 300 cubic centimeters. 
A motorcycleT--ffieteF-eFiveB--eyele 
or 
a 
moped 
with 
an 
engine 
displacement of less than 300 cubic centimeters; 
Sec. 11. 29-A MRSA §851, sub-§8, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
8. 
Motorcycle dealer. 
"Motorcycle dealer" means a dealer 
whose primary business is the buying or selling of new or used 
motorcycles, or bothT-eF-ffieteF-eFiveB-eye*esT-eF-ae~n. 
Sec. 12. 29-A MRSA §954. sub-§2. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
Motorcycle. 
Motorcycle dealer plates and a license may 
be issued to a person engaged in the manufacturing or buying and 
selling of new or used motorcycles eF-ffieteF-eFiveB-eyeles. 
Sec. 13. 29-A MRSA §1252, sub-§2. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
2. 
School bus or motorcycle. 
motorcycle 
eF--RK>-t...(H"--ffi:--~-eyele 
on a license. 
Operation of a school busT or 
requires a special endorsement 
A nonresident school bus driver picking up and discharging school 
children or driving in conjunction with school-related activities 
may operate a vehicle with a certificate issued by the Secretary 
of State. 
A school bus certificate may be issued only after the applicant 
has successfully passed the required examination. 
Sec. 14. 29-A MRS A §1252, sub-§3, ,A, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
By a person who does not possess a valid license of any 
class 
or 
a 
license 
specially 
endorsed 
to 
operate 
a 
motorcycleT-a-me~e~-Q~iyeR-eyele or a moped: or 
Sec. 15. 29-A MRSA § 1254, sub-§ 1, as enac ted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
1. 
Motorcycles. 
The Secretary of State may issue a license 
specifically endorsed 
for 
the 
operation of 
a 
motorcycle 
e~ 
me~e~-QFiyeR-eye±e with the same requirements as a motor vehicle 
license. 
A motor vehicle license does not authorize operation of 
a motorcycle e~-mete~-Q~iyeR-eyele unless the license is endorsed 
for these-yehieles that vehicle. 
Sec. 16. 29-A MRSA §1254, sub-§3, as amended by PL 1999, c. 
170, §2, is further amended to read: 
3. 
Motorized bicycle or tricycle operator. 
A motorized 
bicycle 
or 
tricycle 
may 
only 
be 
operated 
by 
a 
person 
who 
possesses a valid license of any class, an instruction permit or 
a 
license 
endorsed 
for 
a 
motorcycleT--mete~-Q~iyeR--eyele or 
moped. 
The Secretary of State may not require the operator of a 
motorized bicycle or tricycle to obtain a license endorsed for a 
motorcycleT-mete~-Q~iyeR-eyele or moped. 
Sec. 17. 29-A MRS A §1304. sub-§l, 1rE, as repealed and replaced 
by PL 2001, c. 710, §13 and affected by §14, is amended to read: 
E. 
Unless 
the 
permittee 
is 
operating 
a 
motorcycle 
or 
me~eF-QFi .... ea-€y€±e moped, the permit requires the permittee 
to be accompanied by a licensed operator who: 
(1) 
Has 
held 
a 
valid license 
for 
the 
immediately 
preceding 2 consecutive years; 
(2) 
Is at least 20 years of age; 
(3) 
Is occupying a seat beside the driver; and 
(4) 
Is licensed to operate the class vehicle operated 
by the permittee. 
The accompanying operator must adhere to all restrictions 
applied to the license when functioning as the permittee's 
accompanying operator. A person who meets the conditions of 
subparagraphs (2), (3) and (4) whose license was canceled or 
suspended for physical, mental or emotional reasons wi thin 
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. 18. 29-A MRSA §1304. sub-§2. as amended by PL 1999, c. 
470, §19, is further amended to read: 
2. 
Motorcycle and moped. 
The 
instruction 
permits 
for 
the 
following provisions apply to 
operation 
of 
motorcyclesT 
ffie~eF-eF~veB-eye*es or mopeds. 
A. 
A person must be at least 16 years of age to apply for a 
motorcycleT-ffi9~eF-eFiveB-eye*e or moped instruction permit. 
B. 
An applicant must pass 
test 
related 
specifically 
a vision test 
to 
the 
safe 
motorcycleT-me~9F-eFiveB-eyele or moped. 
and a knowledge 
operation 
of 
a 
C. 
An applicant 
motorcycle driver 
1352. 
-"'f-"o:....r~--"a=--..,m-"'o<-t"'-o><-"-r-"'c4y-"c'-'I"-'e"----1p"'e><-"-r'-"m'-"i'-"'-t mus t 
c omp let e 
a 
education program as required by section 
D. 
An instruction permit is valid for one year. 
E. 
Failure to complete the driving test within 2 years from 
issue 
date 
requires 
reexamination 
for 
the 
instruction 
permit. 
In the case of a motorcycle 9F-IDOC-Q-r--dr-i......e-n--eyele 
learner's permit, 
failure 
to 
complete 
the 
driving test 
within one year 
from issue date of the permit requires 
another completion of the motorcycle driver education course 
required by section 1352 
before 
a 
subsequent permit is 
issued. 
G. 
An instruction permit allows the holder to operate a 
motorcycleT-ffie~eF-eFiveB-eye±e or moped only during daylight 
hours. 
That permit does not allow the holder to carry a 
passenger. 
H. 
The fee for a 
motorcycleT-.fllOC~----dr-i~-eye±e or moped 
instruction permit and the first road test is $10. The fee 
for a subsequent examination is $5. 
Sec. 19. 29-A MRSA §1352, sub-§l, as 
65, Pt. A, §153; amended by Pt. B, §14; 
§15, is further amended to read: 
affected by PL 1995, 
and affected by Pt. 
c. 
C, 
1. 
Motorcycle driver education required. 
Notwithstanding 
any other provision of law, 
a motorcycle 
e~-.fllOC~----dr-i-v-e-n--eyeJ,e 
instruction permit, license or endorsement may not be issued to a 
person, unless that person presents a certificate of successful 
completion 
of 
a 
motorcycle 
driver 
education 
program 
and 
examination 
approved 
by 
the 
Secretary 
of 
State, 
except 
as 
provided in this subsection. 
If a person is hearing-impaired and 
a course is not readily available to that person, the Secretary 
of State may arrange for that person to complete a motorcycle 
driver 
education 
program 
using 
an 
electronic 
communications 
system. 
The program must meet the requirements of this section. 
Sec. 20. 29-A MRSA §1352. sub-§2, 1lA. as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
A motorcycle driver education program must consist of an 
8-hour block of instruction directly related to the actual 
operation 
of 
motorcycles 
aaEl---;:n()-t~--dr-i-v-e-n----eye±es, 
emphasizing 
safety 
measures 
designed 
to 
ensure 
greater 
awareness of careful and skillful operation of motorcycles 
aaEl-me~e~-El~ivea-eye±es. 
Sec. 21. 29-A MRSA §1902. sub-§2. 1lC. as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
C. 
A motorcycle e~-me~e~-El~ivea-eye±e, within 30 feet, from 
a speed of 20 miles per hour. 
Sec. 22. 29-A MRSA §1902. sub-§3. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Parking brakes. 
A vehicle, except a 2-wheel motorcycle 
e~--~~-;:n()-t~~~~~--eye±e, must 
be equipped with parking 
brakes adequate to hold the vehicle on any grade on which it is 
operated, under all conditions of loading, on a surface free from 
snow, ice or loose material. 
Parking brakes: 
A. 
Must 
be 
capable 
of 
being 
applied 
by 
the 
driver's 
muscular effort, spring action or equivalent means; 
B. 
May be operated with assistance of the service brakes or 
other source of power, provided that failure of the service 
brake actuation system or other power assisting mechanism 
does not prevent the parking brakes from being applied; 
C. 
Must be designed so that, once applied, 
they remain 
applied with the required effectiveness despite leakage or 
exhaustion of any source of energy; 
D. 
May share the same brake drums, brake shoes and lining 
assemblies, 
brake shoe anchors 
and mechanical brake shoe 
actuation 
mechanisms 
associated 
with 
the 
wheel 
brake 
assemblies used for service brakes; and 
E. 
If the means of applying the parking and service brakes 
are connected, must be constructed so that failure of one 
part does not leave the vehicle without operative brakes. 
Sec. 23. 29-A MRSA §1904. sub-§4. ~B. as enacted by PL 2003, 
c. 452, Pt. Q, §21 and affected by Pt. X, §2, is amended to read: 
B. 
A motorcycle eF-ffieteF-GFiven-eyele must have one mounted 
headlight. 
Sec. 24. 29-A MRSA §1904. sub-§6. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
6. 
Motorcycle. 
A motorcycle 
eF-~~~~~-eyele that 
does not have an adequate beam for headlights is restricted to 
daytime operation. 
Sec. 25. 29-A MRSA §1913. sub-§3. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
3. 
Motorcycles. 
A motorcycle eF-ffieteF-GFiven-eyele must be 
equipped with a rear view mirror mounted and adjusted to afford 
the operator a clear, reflected view of the highway in the rear 
for a distance of at least 200 feet. 
Sec. 26. 29-A MRSA §2052. sub-§5. ~B. as enacted by PL 2003, 
c. 452, Pt. Q, §31 and affected by Pt. X, §2, is amended to read: 
B. 
Bicycles or other nonmotorized traffic, 
scootersT or 
motorized bicycles or tricyclesr-eF-ffieteF-GFiven-eyeles. 
Sec. 27. 29-A MRSA §2062. last~. as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. 28. 29-A MRSA §2063, sub-§l, as repealed and replaced by 
PL 2001, c. 667, Pt. C, §17, is amended to read: 
1. 
Definitions. 
For the purpose of this section, "bicycle" 
includes a motorized bicycle or a motorized tricycleT-.!.'i>€eet.et:!! 
iRe±1iees--a--mo-t-Q-r-~-seeet:e~ and "toy vehicle" includes, but is 
not 
limited to, 
skateboards, 
rollerskates, 
wagons, 
sleds 
and 
coasters. 
Sec. 29. 29-A MRSA §2063, sub-§6, as repealed and replaced by 
PL 2001, c. 667, Pt. C, §17, is amended to read: 
6. 
Speed. 
A motorized bicycle e~-met:e~iBee-6€eet:e~ may not 
be operated in excess of 20 miles per hour. 
Sec. 30. 29-A MRSA §2074. sub-§l, 1f1fD and E. as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to 
read: 
D. 
Forty-five miles per hour 
on all other public ways 
unless otherwise posted; and 
E. 
On ways with a higher maximum speed limit, 45 miles per 
hour 
for 
a 
school 
bus 
transporting pupils 
to 
and 
from 
school. At all other times, a school bus may not exceed 55 
miles per hourT-aRe~ 
Sec. 31. 29-A MRSA §2074. sub-§l. W. as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed. 
Sec. 32. 29-A MRSA §2080. as amended by PL 1995, c. 584, Pt. 
B, §10, is further amended to read: 
S2080. Operation of all-terrain and off-road vehicles 
Notwithstanding 
any other provision of 
law, 
whenever 
an 
all-terrain vehicle or off-road vehicle is operated on a way, it: 
is the vehicle and operator are subject to all provisions of this 
Title, except chapters 5, 7, 13 and 15. 
Whenever an all-terrain 
vehicle or off-road vehicle is operated on a way, the operator is 
not subject to the provisions of chapter 11, except when t:se an 
all-terrain vehicle is registered for highway use. 
Sec. 33. 29-A MRSA §2083. sub-§§1. 2 and 4. as enacted by PL 
1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to 
read: 
1. 
Requirement. 
The following persons must wear protective 
headgear: 
A. 
If under 15 years of age, a passenger on a motorcycle r 
meEe~-a~~yeR-eye±e or in an attached side car; 
B. 
If under 15 years of age, 
an operator of an off-road 
motorcycle e~-meEe~-a~~yeR-eye±e; 
C. 
An 
operator of 
a 
motorcycle 
e~--meEeF-a~iyeR--eye±e, 
operC'.ting under a learner's permit or wi thin one year of 
successfully completing a driving test; and 
D. 
A passenger of an operator required to wear headgear. 
2. 
Compliance. 
An operator of a motorcycle e~-meEe£-a~~yeR 
eye±e, parent or guardian may not allow a passenger under the age 
of 15 years to ride in violation of this section. 
4. 
Public 
program. 
In 
furtherance 
of 
reasonable 
protective public policy, the Department of Public Safety, Bureau 
of Highway Safety must develop and implement a public information 
and education program designed to encourage helmet utilization by 
all motorcycler-meEe~-a~~yeR-eye~e and moped riders. 
Sec.34. 29-A MRSA §2091 is enacted to read: 
S209l. 
Operation of off-road vehicles 
1. 
Oper.ation prgbibited. 
Unless 
the 
specific 
type 
of 
off-road vehicle is authorized to be operated on a public way by 
this or any other Title, an off-road vehicle may not be operated 
on a public way or parking area. 
2. 
ViolatioJ::l.. 
A persQ~whQ......QQerates an off-road vehicle ln 
violation of subsection 1 commits a traffic infraction. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This 
bill 
amends 
current 
law 
regarding 
2-wheeled 
and 
3-wheeled vehicles and off-road vehicles. 
The bill: 
1. 
Amends 
the 
definition 
of 
"moped" 
by 
establishing 
criteria for wheel number and size and electric-powered motors; 
2. 
with 
a 
Repeals the def ini tion of "motorcycle" and 
definition that establishes criteria for 
electric-powered motors; 
replaces it 
wheels 
and 
3. 
Repeals the definition of "motor-driven cycles"; 
4. 
Amends 
t_he 
establishing 
criteria 
electric-powered motors; 
5. 
Establishes 
definition 
of 
for 
wheel 
a 
definition 
Off-road vehicles, 
because 
of their 
configuration, 
may 
not 
be 
operated 
operation is authorized by statute; 
"motorized 
number 
and 
of 
"off-road 
size, 
shape, 
on 
a 
public 
scooter" 
size 
by 
and 
vehicle." 
design 
and 
way 
unless 
6. 
Amends the definition of "scooter" by excluding scooters 
that are powered by motors; 
7. 
Enacts 
a provision that off -road vehicles may not be 
registered under the Maine Revised Statutes, Title 29-A; 
8. 
Removes references in Title 29-A to motor-driven cycles; 
9. 
Eliminates the requirement that businesses that sell 
motor-driven cycles be licensed as motor vehicle dealers; 
10. 
Removes a reference to motorized scooter under vehicles 
that are regulated as bicycles or toy vehicles; 
II. 
operated 
ways; and 
Establishes 
on ways the 
a 
provision to treat off-road vehicles 
same as all-terrain vehicles operated on 
12. 
Establishes a provision to make it a traffic infraction 
to operate an off-road vehicle on a public way or parking area.