An Act To Require a Hearing When a Fatality Results from a Motor ·Vehicle Accident
Maine Legislature, Session 123, LD 1948
Committee: Transportation
Sponsors: WHEELER, BOWMAN, CAMPBELL, FAIRCLOTH, FISHER, HANLEY, HILL, KOFFMAN, PINGREE, BRYANT
Amends: 29-A MRSA §2251

Legislative Document 
No. 1948 
H.P.1384 
House of Representatives, December 18, 2007 
An Act To Require a Hearing When a Fatality Results from a Motor 
·Vehicle Accident 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17,2007. Referred to the Committee on 
Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 40 1. 
Presented by Representative WHEELER of Kittery. 
Cosponsored by Senator BOWMAN of York and 
1f/~/J7.71!~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAMPBELL of Newfield, FAIRCLOTH of Bangor, FISHER of Brewer, 
HANLEY of Gardiner, HILL of York, KOFFMAN of Bar Harbor, PINGREE of North Haven, 
Senator: BRYANT of Oxford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2251, sub-§4-A is enacted to read: 
4-A. HearioK. Following the receipt of a report of an investigation of an accident 
that results in death transmitted pursuant to subsection 4, paragraph B, the Chief of the 
State Police shall immediately transmit the report and all available information to the 
Secretary of State. The Secretary of State shall conduct a hearing within 30 days of 
receipt of the report to determine the cause of the accident and whether a driver of a 
motor vehicle involved in the accident was at fault. Facts verified at the hearing may be 
used by the Secretary of State in determining whether to suspend or revoke the license of 
a driver of a motor vehicle involved in an accident involving a human fatality. The 
hearing must be conducted in accordance with the procedures specified in section 2484. 
A person whose license is suspended or revoked or other party may, within 30 days after 
receipt of the decision, appeal to the Superior Court as provided in Title 5, sections 11001 
to 11008. If the court rescinds the suspension, it shall also order the Secretary of State to 
delete any record of the suspension. 
Sec. 2. Review of motor vehicle accidents involving death; report. The 
Chief of the State Police shall transmit to the Secretary of State all reports and available 
information regarding any motor vehicle accident that involved a human fatality during 
calendar year 2007. 
The Secretary of State shall review all reports and pertinent 
information and obtain any other information necessary to the review. Following the 
review, the Secretary of State shall report to the joint standing committee of the 
Legislature having jurisdiction over transportation matters any changes in the law the 
Secretary of State determines necessary to protect the public from such accidents. The 
Secretary of State shall submit the report, along with any necessary implementing 
legislation, to the joint standing committee by January 15, 2009. The joint standing 
committee may submit a bill to the First Regular Session of the 124th I,-egislature 
regarding the recommendations of the Secretary of State. 
SUMMARY 
This bill requires the Secretary of State to conduct a hearing regarding all motor 
vehicle accidents involving a human fatality. Facts obtained at the hearing may be used 
by the Secretary of State to suspend or revoke the license of a driver involved in the 
accident. As in the current law regarding administrative suspensions, a person whose 
license is suspended or revoked may appeal the decision of the Secretary of State to the 
Superior Court. 
This bill also requires the Secretary of State to review all motor vehicle accidents that 
involved a human fatality in 2007 to determine whether any changes to the law are 
necessary to reduce or prevent such accidents. The Secretary of State is required to 
submit its findings to the joint standing committee of the Legislature having jurisdiction 
over transportation matters for consideration during the First Regular Session of the 124th 
Legislature. 
Page I - 123LR3343(Ol)-1