An Act To Amend the Motor Vehicle Laws·
Maine Legislature, Session 124, LD 1562
Committee: Transportation
Sponsors: DAMON, MAZUREK, CAREY
Amends: 29-A MRSA §502, 29-A MRSA §521, 29-A MRSA §525, 29-A MRSA §551, 29-A MRSA §552, 29-A MRSA §555, 29-A MRSA §556, 29-A MRSA §558, 29-A MRSA §559, 29-A MRSA §1611, 29-A MRSA §2356, 29-A MRSA §2360, 29-A MRSA §2458, 36 MRSA §2909, 36 MRSA §3219-A

Legislative Document 
No. 1562 
S.P. 
In Senate, December 17, 2009 
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. 
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Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MAZUREK of Rockland and 
Representatives: CAREY of Lewiston, MacDONALD of Boothbay. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §12861, first " as enacted by PL 2007, c. 532, § 1, is amended 
to read: 
Notwithstanding section 10001, subsection 28 and Title 29 i"., section 552, a person 
licensed to guide hunters under this chapter may employ the services of a person not 
licensed as a guide to transport hunters along a public or private road in a motor vehicle 
for the sole purpose of delivering those hunters to a predetennined destination prior to or 
at the conclusion of the time those hunters are engaged in hunting. For purposes of this 
section, "motor vehicle" does not include a snowmobile or an all-terrain vehicle. 
Sec. 2. 29-A MRSA §502, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
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affected by Pt. B, §5, is repealed. 
Sec. 3. 29-A MRSA §521, sub-§14 is enacted to read: 
14. Disabled veteran parking. A person issued a disabled veteran registration 
pursuant to section 523, subsection 2 is entitled to the parking privileges of this section. 
Sec. 4. 29-A MRSA §525, sub-§l1, as amended by PL 1995, c. 645, Pt. B, § 12 
and affected by §24, is further amended to read: 
11. Cooperation. The State Tax Assessor, the Department of Public Safety and the 
Secretary of State shall cooperate in the issuance of decals, licenses and penn its, the 
processing of tax returns, enforcement of this section and to ensure that timely 
infonnation is readily available to all enforcement personnel of the status of those in 
noncompliance with the fuel use tax laws, intFastate and interstate for hire ooeratine: 
al:lthoritv oermit resl:lirements and motor vehicle registration laws. 
Subject to the provisions of Title 36, the State Tax Assessor may delegate to the Secretary 
of State responsibility for the processing of motor carrier fuel tax returns, motor carrier 
fuel tax collection and compliance with the administrative requirements of the 
International Fuel Tax Agreement. 
Sec. 5. 29-A MRSA §551, sub-§2, ,C, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
C. 
Enable participating states to act cooperatively in the collection of fees and the 
enforcement of insl:lrance real:lirements; and 
Sec. 6. 29-A MRSA §552, as amended by PL 2009, c. 435, §6, is repealed. 
Sec. 7. 29-A MRSA §555, sub-§4, as amended by PL 2007, c. 505, §2, is further 
amended to read: 
4. Enforcement. The Secretary of Statel:lpon reql:lest of the bl:lreal:l may refuse to 
reissl:le an identification device for a v~'iIIful or continl:led violation of this chapter or a 
regl:llation of the United States Department of Transportation. Enforcement is as follows. 
Page I - 124LR24S4(Ol)-1 
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A. 
The bureau may file a complaint in the District Court seeking revocation or 
, suspension of an operating permit. 
B., Notwithstanding Title 5, section 10051, the Secretary of State may suspend a 
license for lacle of sufficientinsurance. 
A suspension continues until'the Secretary of State is satisfied that the carrier has 
obtained adequate insurance. 
Notice and an opportunity for hearing are as provided ,by the Maine Administrative 
Procedure Act. 
C. 
A law enforcement officer must, inv,estigate an alleged violation of this 
subchapter or a rule adopted by the bureau Qr by the United States Department of 
Transportation, prosecute violators and aid in the enforcement of the provisions of 
this subchapter. 
Sec. 8. 29-A MRS A §556, sub-§l, as amended by PL 1995, c. 482, Pt. B, § 15 
and affected by §22, is repealed. 
Sec. 9. 29-A MRSA §556, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 10. 29-A MRS A §556, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, § 5, is amended to read: 
3. Government. A vehicle engaged, directly or through a contractor, exclusively in 
construction or maintenance work for the Federal Government, the State, a county 61'". a 
municipality or an Indian tribe; and 
Sec. 11. 29-AMRSA §556, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 12. 29-A MRSA §556, sub-§5, as amended by PL 1995, c. 482, Pt. B, § 15 
and affected by §22, is repealed. 
Sec. 13. 29-A MRS A §556, sub-§6, as affected by PL 1995, c. 65, Pt. A, § 153 
and amended by Pt. B, §8 and aff~cted by Pt. C, § 15, is further amended to re&d: 
6. Passenger vehicles. While transporting passengers as follows: 
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The operation ofa motor vehicle under contract with the State, a municipality or 
a school district used in transporting students; 
B. 
Motor vehicles having a capacity of not more than 6 passengers operated over 
irregular routes and without a fixed schedule; 
C. 
Motor vehicles o\vned or operated by or on behalf of hotels and used exclusively 
for the transportation of patrons between hotels and public transportation; 
D. 
Motor vehicles ovt'Aed or operated by or on behalf of gro,,,,,ers, processors and 
manufacturers of fruit, vegetable or fish products and used in the transportation of 
workers between their homes and nlaces of emnlovment: and 
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E. 
Motor carriers transporting passengers that receive state, municipal or federal 
subsidies are required to submit their operating name and list of equipment to the 
bureau and are subject to the rules of the bureau pertaining to safety promulgated 
under section 555. For the purppse of this section, the term "subsidies" includes 
assistance that is provided by the State Government, municipal government or. 
Federal Government that is used for purposes of planning to offset operating losses or 
to acquire capital equipment. 
"Cooperative use transportation" means the collective use of privately o't'med vehicles by 
or more people 't't'here the providing of transportation is not the primary business of ~he 
owner or driver of the vehicle, or both, but is incidental to their livelihood. CooperatIve 
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use includes, but is not limited to, shared driving, shared expense car pools, station ' .... agon 
pools or van pools, employer owned or leased vehicles: including .buses that are operated 
for convenience of the employees, commuter sef'lIces orgamzed and arranged by 
employee cooperatives, labor unions, credit unions and neighborhood groups that. are 
operated for the convenience of their members and vehicles operated tinder the auspICes 
of government sponsored commuter matching services and brokerage programs and 
individuals or groups providing nonprofit matching and other brokerage type services. 
"For profit brokerage and matching services" means that the provider of the service 
neither sets the rates for the service, provides backup transportation, passes upon the 
qualifications of the drivers of their vehicles, establishes the routes nor collects the ~es 
paid for the service. The business of matching drivers 'i'lith passengers and the rendermg 
of technical assistance in support of cooperative use transportation is exempt from rules 
under this chanter. 
"For profit car pooling and van pooling" means the business of organizing and operating 
a car pooling or van pooling system. In this context, "car pools and van pools" means any 
vehicle used in a continuing form of prearranged commuter transportation by a relatively 
fixed group of 15 persons or fewer for travel between their places of residence and their 
places of employment. The operation of for profit car pools and van pools must be 
incidental to the livelihood or employment of the o\vner or operators. The business of 
organizing and operating a car pooling or van pooling system, including the selection and 
approval of cars, vans and drivers, the fixing and collection of fees, the establishment of 
routes and the provision of backup transportation, is e1wmpt from rules under this 
chapter, except for sections 555, 558 and 560. 
Sec. 14. 29-A MRSA §556, 2nd €[, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 15. 29-A MRSA §556, 3rd ~, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 16. 29-A MRS A §556, 4th ~, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 17. 29-A MRS A §558, sub-§I-A, as enacted by PL 1995, c. 625, Pt. A, §33, 
is amended to read: 
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1-A. Minimum fine. Notwithstanding Title 17-A, section 1301, the minimum fine 
for a violation of a state rule that adopts by reference the federal regulations found in 49 
Code of Federal Regulations, Parts 392,395.3, 395.8e and 395.8k is $250. If a minimum 
fine is provided by any rute adopted pursuant to this subchapter, the court shall impose at 
least the minimum fine, which may not be suspended by the court. 
Sec. 18. 29-A MRSA §558, sub-§l-B, W is enacted to read: 
F. A person commits a traffic infraction if that person violates any provision of the 
Secretary of State's rules adopted pursuant to section 551. 
Sec. 19. 29-A MRS A §558, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
3. Suspension of registrations. After receiving notice pursuant to subsection 2, the 
Secretary of State shall suspend the person's operating authority license, all commercial 
registration certificates and plates and the privilege to operate a commercial motor 
vehicle in this State. The suspension must remain in effect until the person appears in 
court and complies with a court order. 
Sec. 20. 29-A MRSA §559, as amended by PL 1995, c. 65, Pt. A, §95 and 
affected by § 153 a~d Pt. C, § 15, is repealed. 
Sec. 21. 29-A MRS A §562, sub-§3, as amended by PL 2001, c. 361, §16, is 
further amended to read: 
3. Powers and duties. The board shall review the records of motor carriers with 
significant and repeated motor carrier violations. The board may hold a hearing as part of 
its review and must hold a hearing if requested by the motor carrier. The board may 
recommend to the Secretary of State that the motor carrier's operating authority license or 
privilege to operate commercial vehicles in the State be suspended. 
Sec. 22. 29-A MRS A §957, sub-§4, as amended by PL 2007, c. 5, §2, is further 
amended to read: 
4. Unattended sales promotion. The Secretary of State may issue to a dealer a 
permit to operate an unattended sales promotion. A request for an unattended sales 
promotion must be submitted to the Secretary of State at least 48 hours before the 
proposed promotion and contain the proposed promotion dates and, if applicable, a copy 
of a contract between the dealer and the promotion sponsor. The promotion and any use 
of a location must comply with applicable building codes and zoning and land use 
ordinances. A new vehicle dealer who requests a permit under this subsection for a 
promotion involving new vehicles may not locate the promotion outside that dealer's area 
of responsibility as defined by the dealer's franchise agreement. An equipment dealer or 
trailer dealer is exempt from this subsection if the sales promotion does not include motor 
vehicles and does not exceed 90 continuous days. 
The fee for an unattended sales 
promotion is: 
A. Fifty dollars if the promotion runs 7 days or less; 
B. One hundred dollars if the promotion runs between 8 and 60 days; or 
C. One hundred fifty dollars if the promotion runs more than 60 days. 
A dealer who operates an unattended sales promotion at a charity event where a vehicle is 
displayed as a prize is exempt from the permit fee requirements. 
Sec. 23. 29-A MRSA §1611, sub-§3, as amended by PL 2001, c. 361, §30, is 
further amended to read: 
3. Maintenance of insurance. The owner or owners of any vehicle subject to this 
section shall maintain at all times the required amount of insurance or bond during the 
term of the vehicle's registration. Notwithstanding section 1606, the insurance provider 
must provide at least 30 days' notice of cancellation of insurance to the Secretary of State. 
For vehicles registered in this State, the Secretary of State shall immediately suspend or 
revoke, pursuant to chapter 23, the registration certificate and registration plates of any 
vehicle for which the insurance or bond in the amounts required is not maintained. Any 
person whose registration certificate, and registration plates and operating authority 
.J.i.eeH.se have been suspended or revoked pursuant to this section shall immediately return 
the registration certificate,and registration plates and the operating authority license to 
the Secretary of State. 
For vehicles not required to be registered in this State, the 
Secretary of State shall suspend the person"s operating authority license or right to operate 
in this State. 
Sec. 24. 29-A MRSA§1611, sub-§4, as amended. by PL 2009, c. 435, §20, is 
repealed. 
Sec. 25. 29-A MRSA §1611, sub-§5,as amended, by PI., 1995,. c.· 645 T Pt A, §.t5, 
is further amended to read: 
5. Coverage of insurance or bond. The required insurance' policy or bond must 
adequately provide liability insurance for the collection of damages for which the holder 
of a permit or the owner of a motor vehicle or vehicles may be liable by reason of the 
operation of a motor vehicle or vehicles subject to this chapter. 
Sec. 26. 29-A MRSA §2356, sub-§8, as affected by PL 1995, c. 65, Pt. A, § 153 
and enacted by Pt. C, §8 and affected by § 15, is amended to read: 
8. Suspension of registrations. After receiving notice pursuant to subsection 7, the 
Secretary of State shall suspend the person's operating authority license, all commercial 
registration certificates and plates and the privilege to operate a commercial motor 
vehicle in this State. The suspension remains in effect until the person appears in court 
and complies with a court order. 
Sec. 27. 29-A MRSA §2360, sub-§l1, as corrected by RR 1995, c. 2, §72, is 
amended to read: 
11. Prima facie evidence. Operation of a vehicle is prima facie evidence that the 
operation was caused by the person holdine: the ooeratine: authoritv license from the 
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Secretary of State acting as a motor carrier as determined by the United States 
Department of Transportation census number. 
Sec. 28. 29-A MRS A §2360, sub-§12, as affected by PL 1995, c. 65, Pt. A, § 153 
and enacted by Pt. C, § I 0 and affected by § 15, is repealed. 
Sec. 29. 29-A MRS A §2360, sub:-§14, as affected by PL 1995, c.65, Pt. A, § 153 
and enacted by Pt. C, § I 0 and affected by § 15, is amended to read: 
14. Suspension of registrations. After receiving notice pursuant to subsection 13, 
the Secretary of State shall suspend the person's operating authority license, all 
commercial registration certificates and plates and the privilege to operate a commercial 
motor vehicle in this State. The suspension remains in effect until the person appears in 
court and complies with a court order. 
Sec. 30. 29-A MRSA §2458, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. Suspension or revocation after hearing. The Secretary of State, after hearing, 
may suspend or revoke a certificate of title, certificate of registration, license, fuel use 
decal or operating authority license privilege to operate a commercial motor vehicle for 
any cause considered by the Secretary of State to be sufficient. 
Sec. 31. 29-A MRSA §2458, sub-§2, as amended by PL 2007, c. 438, §3, is 
further amended to read: 
2. Suspension or revocation without hearing. The Secretary of State, without 
preliminary hearing, may suspend or revoke a certificate of title, certificate of 
registration, license, fuel use decal or operating authority license privilege to operate a 
commercial motor vehicle of a person on showing by the Secretary of State's records or 
other sufficient evidence that the person: 
A. 
Has committed an offense for which mandatory suspension or revocation of 
license or registration is required; 
B. 
Has been convicted or adjudicated for offenses against traffic regulations 
governing the movement of vehicles with such frequency as to indicate a disrespect 
for traffic laws and disregard for the safety of other persons on public ways; 
C. 
Is a reckless or negligent driver of a motor vehicle, as established by the demerit 
point system authorized by subsection 3, a record of accidents or other evidence; 
D. 
Is incompetent to drive a motor vehicle; 
E. 
Has permitted an unlawful or fraudulent use of a license; 
F. 
Has committed an offense in a jurisdiction of the United States or a province 
that, if committed in this State, would be grounds for suspension or revocation; 
G. 
Has beenconvictedoffailing to stop for a police officer; 
H. 
Has been convicted of reckless driving or driving to endanger under section 
2413; 
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I. 
Has failed to appear in court on the day specified, either in person or by counsel, 
after being. ordered to do so to answer any violation of chapter 5, subchapter II~; 
J. 
Has failed to provide sufficient proof of ownership or other documentation in 
support of the person's title claim; 
K. 
Is subject to action of the Secretary of State pursuant to sec.tion 154 or section 
668; 
L. 
Has· failed to provide proof of payment of the use tax imposed by the United 
States Internal Revenue Code of 1954, Section 4481, within time periods established 
by federal statute and regulations; 
M. 
Has violated a provision of the Commercial Motor Vehicle Safety Act of 1986, 
Public Law 99-570, Title XII, or rules and regulations promulgated and adopted 
under that Act; 
N. 
Has failed to surrender to the Secretary of State a commercial driver's license 
that has been suspendedor revoked; 
O. 
Has a license, permit or the privilege to apply for or obtain a license suspended 
or revoked by a jurisdiction of the United States or a province; 
P. 
Has failed to provide a valid social security number pursuant to section 1301; 
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; 
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 of2001, Public Law 107-56,115 
Stat. 272; 
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 459; or 
U. 
Has failed to provide the information required in section 401, subsection 2. 
Sec. 32. 36 MRS A §1483, sllIb-§13, as amended by PL 2007, c. 627, §32, IS 
further amended to read: 
13. Certain buses. 
Buses used for the transportation of passengers for hire in 
interstate or intrastate commerce, or both, by carriers engaged in furnishing common 
carrier passenger service under an operating authority license issued pursuant to Title 
A, section 552. At the option of the appropriate municipality, those buses may be 
subject to the excise tax provided in section 1482; 
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Sec. 33. 36 MRSA §2909, first ~, as repealed and replaced by PL 2003, c. 390, 
§ 14, is amended to read: 
A person engaged in furnishing common carrier passenger service under an operating 
authority license issued pursuant to Title 29 A, section 552 is entitled to reimbursement 
of the tax paid on internal combustion engine fuel used by that person in locally 
encouraged vehicles. For purposes of calculating reimbursement due pursuant to this 
section, internal combustion engine fuel used in a person's locally encouraged vehicles is 
presumed to bear the same proportional relationship to internal combustion engine fuel 
used in all of the person's passenger vehicles that the person's commutation fare revenue 
derived from service provided by locally encouraged vehicles bears to the person's total 
passenger fare revenue. "Commutation fare revenue" means revenue attributable to fares 
of 60¢ or less and fares paid for commutation or season tickets for single trips of less than 
miles or for commutation tickets for one month or less. "Total passenger fare revenue" 
means all revenue attributable to the claimant's passenger operations. 
"Locally 
encouraged vehicles" means buses upon which no excise tax is collected under section 
1483, subsection 13. 
Sec. 34 .. 36 MRS A §3215, first Cfr, as repealed and replaced by PL 2003, c. 390, 
§ 16, is amended to read: 
A person engaged in furnishing common carrier passenger service under an operating 
authority license issued pursuant to Title 29 A, section 552 is entitled to reimbursement 
of the tax paid on special fuel used by that person in locally encouraged vehicles. Fo;· 
purposes of calculating reimbursement due pursuant to this section, special fuel used in a 
person's locally encouraged vehicles is presumed to bear the same proportional 
relationship to special fuel used in all of the person's passenger vehicles that the person's 
commutation fare revenue derived from service provided by locally encouraged vehicles 
bears to the person's total passenger fare revenue. "Commutation fare revenue" means 
revenue attributable to fares of 60¢ or less and fares paid for commutation or season 
tickets for single trips of less than 30 miles or for commutation tickets for one month or 
less. 
"Total passenger fare revenue" means all revenue attributable to the claimant's 
passenger operations. "Locally encouraged vehicles" means buses upon which no excise 
tax is collected under section 1483, subsection 13. 
Sec. 35. 36 MRSA §3219-A, sub-§l,~, as enacted by PL 1995, c.271, §11, is 
amended to read: 
D. 
Detain any motor vehicle for the purpose of inspecting its fuel tanks. 
Detainment may continue for a reasonable period of time as necessary to determine 
the amount and composition of the fuel. Designated agents and officers may take and 
remove samples of fuel in reasonable quantities in order to determine compliance 
with the provisions of this chapter; and 
Sec. 36. 36 MRSA §3219-A, sub-§l,~, as enacted by PL 1995, c. 271, §11, is 
amended to read: 
E. 
Suspend vehicle registrations in the name of any carrier that has violated the 
provisions of this chapter and the right to operate as provided in Title.29-A, section 
2458~~ 
Sec. 37. 36 MRSA. §3219-A, Slllb-§l, euF, as enacted by PL 1995, c. 271, §11, is 
repe~~." 
SUMMARY 
This bill makes several changes to the motor vehicle laws. 
1. It repeals the requirement that the prior certificate of registration be returned to the 
Secretary of State when a registration is transferred or canceled. 
2. It permits a disabled veteran who has been issued disabled veterans registration 
plates to park in a disability parking space without the need to obtain a separate disability 
placard. 
3. It amends various provisions of law by removing references to motor carrier 
operating authority. 
4. It clarifies that a car dealer operating an unattended sales promotion at a charity" 
event is exempt from permit fees when a vehicle is displayed as a prize. 
5. 
It updates motor carrier operating authority requirements by removing motor 
carrier intrastate operating authority requirements and correcting associated references 
related to insurance and suspension of authority. 
6. It corrects cross-references to provisions of law repealed in the bill. 
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