An Act To Amend the Motor Vehicle Laws. )
Maine Legislature, Session 124, LD 1190
Committee: Transportation
Sponsors: DAMON, GOOLEY, PERRY, BROWNE, CAREY, HARLOW, HOGAN, MAZUREK, PEOPLES
Amends: 29-A MRSA §4, 29-A MRSA §517-B, 29-A MRSA §533-A, 29-A MRSA §651, 29-A MRSA §652, 29-A MRSA §701, 29-A MRSA §903, 29-A MRSA §9, 29-A MRSA §1002, 29-A MRSA §1102-A, 29-A MRSA §2081, 36 MRSA §1482

Legislative Document 
No. 1190 
S.P.438 
In Senate, March 25,2009 
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. 
Presented by Senator DAMON of Hancock. 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: GOOLEY of.Franklin, PERRY of Penobscot, Representatives: 
BROWNE of Vassalboro, CAREY of Lewiston, HARLOW of Portland, HOGAN of Old 
Orchard Beach, MAZUREK of Rockland, PEOPLES of Westbrook. 
"Printed on rcc)'c!cd paper 
11. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA ·§101, sub-§32-A, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. Ji88, Pt. B, §8 and affected by §9, is amended to read: 
32-A. Low-speed vehicle. "Low-speed vehicle" means a 4-wheeled automobile that 
is able to attain a speed of at least 20 miles per hour but not more than 25 miles per hour 
and does not exceed 1,800 is less than 3,000 pounds in unloaded weight. "Low-speed. 
vehicle" does not include an ATV as defined in Title 12~ section 13001. A low-speed 
vehicle must be originally manufactured and maintained in accordance with the Federal 
Motor Vehicle Safety Standards as a low-speed vehicle pursuant to 49 Code of Federal 
Regulations, Section 571.500, as amended .. 
Sec. 2. 29-A MRS A §4S3, sub-§3-A,. as enacted by PL 2003, c. 434, §9 and 
. 
. 
. 
affected by §3 7, is amended to read: 
3-A. Restrictions. The Secretary of State, in the Secretary of State's discretion, may 
refuse to issue or may recall a vanity plate that: 
A. 
Consists of or comprises language that is obscene, contemptuous, profane or 
prejudicial; 
B. 
Promotes abusive or unlawful activity; 
C. 
Falsely suggests an association with pUblic institutions; or 
D. 
Is duplicative. 
Sec. 3. 29-A MRS A §4S6-A, sub-§l, as enacted by PL 2001, c. 623, §4, IS 
amended to read: 
. 
1. 
Lobster plates. 
The Secretary of State, upon recelvmg an application and 
evidence of payment of the. excise tax required by Title 36, section 1482, the annual 
motor vehicle registrationfee required by section 501 and the contribution provided for in 
subsection 2, shall issu·e a registration certificate and a set of lobster special registration 
plates to be. used in. lieu of regular registration plates. 
These plates must bear 
identification numbers and letters. The Secretary of State may issue lobster plates to 
certain state-owned vehicles in accordance with section 517. 
Sec. 4. 29-A MRSA §4S6-F, sub-§l, as enacted by PL 2007, c. 703, § 1 0, is 
amended to read: 
. 
. 
1. 
Agriculture education plates. The Secretary of State, upon receiving an 
application and evidence of payment of the excise tax required by Title 36, section 1482, 
. the annual motor vehicle registration fee required by sectiol1 501, section 504, subs~ction 
or section 505 and the contribution provided for in subsection 2, shall issue a 
registration certificate and a set of agriculture edu.cation special registration plates to be 
used in lieu of regular registration plates. These plates must bear identification numbers 
and letters. The Secretary of State may issue agricultural education plates to certain state-
owned vehicles in accordance with section 517. 
) 
) 
') 
n 
( 
L) 
Sec. 5. 29-A MRS A §517, suh-§2, as amended·by PL 2003, c. 490, Pt. D, §2, is 
further amended to read: 
. 
2. Plates. The Secretary of State shall issue distinctive plates that expire at the end 
of a 6-year period for state plates and a. 10-year period for municipal plates within the 
semipermanent plate program. Notwithstanding section 501, subsection 11, the Secretary 
of 'State shall issue distinctive municipal plates under this subsection to a low-speed 
vehicle owned by a municipality or loaned by a dealer to a municipality. Vehicles owned 
by the ?tate may display a marker or insignia, approved by the Secretary of State, plainly 
designating them as owned by the State. 
The Secretary of State may issue environmental registration plates to a state-owned 
vehicle assigned to the Departrrient of Inland Fisheries and Wildlife or the Department of 
Conservation with authorization from the depaliment's comm issioner. The Secretary of 
. 13 
State may issue environmental registration plates to a state-owned vehicle assigned to the' 
Baxter State Park Authority with authorization from the Commissioner of Inland 
Fisheries and Wildlife in the commissioner's capacity as a member of the Baxter State 
Park Authority. 
A state-owned vehicle issued environmental registration plates must 
display a marker or 'insignia designating the 'vehicle as state-owned and is exempt from 
registration fees and the contribution under section 455, subsection 4. 
The Secretary of State may issue agricultural education plates to a state-owned vehicle 
assigned to the Department of Agriculture, Food 'and Rural Resources with a'uthorization 
from the Commissioner of Agriculture, Food and Rural Resources. 
A state-owned 
vehicle issued agricultural education plates must display a marker or insignia designating 
the vehicle as state-owned and is exempt from I~egistration fees and the contribution under 
section456-F, subsection 2. 
The Secretary of State may issue lobster plates to a state-owned vehicle assigned to the 
Department of Marine Resources with authorization from the Commissioner of Marine 
Resources. A state-owned vehicle' issued lobster plates must display a marker 'or insignia 
' designating the. vehicle as state-owned and is exempt from registration fees and the 
contribution under section 456-A, subsection 2. 
Sec. 6. 29-A MRSA §517-B is enacted to read: 
. 31 
§517-B. Registration exemption for antique farm tractors used in demonstrations, 
parades, ceremonies and organized charitable events 
Farm tractors or farm equipment at least 25 years old, as deterrnined by the model 
year, are exempt from registration requirements and registration fees when used for 
demonstrations, ceremonies, parades or organized charita~le events. 
Sec. 7. 29-A MRSA §533-A, sub-§3, '\fA, as amended by PL 2001, c. 361, §15, 
is fLIIiher amended to read: 
A. 
Betweeh July 1 st and October. 31 st, the Secretary of State shall disburse to a 
. 39 
paliicipating municipality a sum equal to the difference in the amount of excise tax 
that would have been collected by that municipality in the prior fiscal year on each 
commercial.motor vehicle 5 years old or less as determined by the model year under 
Title 36, sec.tion 1482, subsection 1, paragraph· C, subparagraph (3) using the 
manufacturer's suggested retail price from the ,amount of that excise tax actually 
collected- by that municipality in the prior fiscal year based on the actual purchase 
price. 
The Secretary of State shall provide suppO\iing documentation to, a 
municipality regardi~lg the disbursement that municipality receives under this section. 
Sec. 8. 29-A MRSA §651, sub-§6,as amended by PL 2007, c. 466, Pt. A, §47 
and affected by §49, is further alnended to read: 
6. Manufactured housing. Beginning October 1, 2007, tbe Secretary of State shall . 
issue certificates of title for new single-unit manufactured housing beginning with model 
year 2007. Beginning October 1, 2007 and ending September 30, 2009, the Secretary of 
State shall issue a certificate of title for used mallufactured housing that was previollsly 
issued a State of Maine celiificate of title. Beginning October 1, 2009, the SecretalY of 
State may issue a certificate of title for used manufactured housing that was previously 
issued a State of Maine celiificate of title or a model year 2007 or later model that was 
never issued a certificate of title. A celiificate of title issued pursuant to this subsection 
remains in effect unless cancelled pursuant to section 669. 
Sec. 9. 29-A MRSA §652,sub-§13, as repealed and replaced by PL 1999, c. 470, 
§9, is amended to read: 
, 20 
13. Certain automobiles, commercial vehicles and vehicles. Automobiles and all 
over-the-road commercial vehicles and vehicles that are more than 15 years old with a 
model year prior to 1995, except when the Secretary of State determines it is in the best 
interest of the State and the applicant to issue a title to a vehicle more than 15 years old 
with a model year prior to 1995; 
. 
Sec. 10. 29-A MRS A §661, sllIb-§2, as amended by PL 2001, c. 361, §22 and 
affected by §38, is fLl1iher amended to read: 
2. Time. The Secretary ,of State is not required to issue an additional ~ duplicate 
until 15 days after the previous duplicate title was issued. 
Sec. n. 29-A MRSA §701, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
3. Additional. Upon request of the owner or subordinate lienholder, and receipt of 
an owner's application and fee, a lienholder in possession of the certificate of title shall 
deliver the certificate to the subordinate lienholder for delivery to the Secretary of State. 
Upon receipt from the subordinate lienholder of an owner's application and fee, the 
lienholder shall deliver them to the Secretary of State ",,'ith the certificate. The Secretary 
of State shall record the suboi'dinate lien and reissue the title to the first lienholder. The 
delivery of the celiificate'does not affect the rights of the first lienholder under that 
I ienho Ider's security agreement. 
Sec. 12. 29-A MRSA§705, sub-§5 is enacted to read: 
. Page 3 - 124LR0550(01 )-1 
") 
) 
) 
n 
\~) 
5. 
Manufactured housing. 
This subsection governs satisfaction of a security 
interest in manufactured housing. 
A. Upon satisfaction of a security interest in manufactured housing, the lienholder 
whose security interest is satisfied shall execute, within 60 days, a release in the form 
the Secretary of State prescribes and mail or deliver the release to the owner or any 
person who delivers to the lienholder an authorization from th.e owner to receive that 
release. The lienholder shall also within 60 days of satisfaction Of its security interest 
notify the Secretary of State in the form the Secretary of State prescribes that the lien 
has been satisfied. 
. 
B. The owner and subordinate lienholder, if any, may each recover $1,000 from a 
lienholder who fails to release the security interest and· notify the Secretary of State 
that the lien has been satisfied within the 60-day time period under paragraph A. 
Sec. 13. 29-A MRSA §903, sub-§3, as amended by PL 2005, c. 433, § 12 and 
affected by §28, is fmiher 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 at least 
vehicles within a 12:..month period must be reduced to eRe ~ dealer plate plates, and 
the motor vehicle dealer may not be issued a dealer plate under section 1002, subsection 
1, paragraphB. Upon a 2nd application for renewal ofa 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 vehicles more than 15 years 
old, emergency vehicles or industrial or farm equipment or who sells only trucks with a 
gross vehicle weight rating of more than 26,000 pounds is exempt from this subsection. 
Sales of vehicles to dealerships under the same ownership must be excluded when 
deter~ining total sales. 
Sec. 14. 29-A MRSA §9S7, sub-§3, as amended by PL 2007, c. 5, § 1, is further 
amended to read: 
3. Attended sales promotion. The Secretary of State may issue to a dealer a 90 day 
permit for up to 90 days to operate an attended sales promotion at one or more locations 
inside this State. A request ,for an attended sales promotion must be submitted to the 
Secretary of State at least 48 hours before the proposed promotion and must contain the 
proposed promotion dates. The promotion 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. 
I 
A dealer who· operates an attended sales promotion at an agricultural fair or other 
agricultural event is exempt froin this subsection. An equipment dealer or trailer dealer is 
exempt from this subsection if the sales promotion does not include motor vehicles arid 
does not exceed 90 continuous days. The fee for a 90 day attended· sales promotion 
oermit is $150. The oermit rna.." he rene'tved. The fee for an attended sales promotion is: 
A. Fifty dollars if the promotion runs for 7 or fewer days; 
. 
. 
7· 
B. One hundred dollars if the promotion runs for more than 7 but no more than 60 
days; and 
. 
C. One hundred fifty dollars if the promotion runs for more than 60 days but no more 
than 90 days. 
II 
Sec. 15. 29-A MRSA §1002, sub-§6, IlffC, as amended by PL 1999, c. 470, § 15, 
is further amended to read: 
C. 
The annual fee for a dealer wrecker plate is $50 per plate for attachment to a 
wrecker that does not exceed 24,000 26,000 pounds gross vehicle weight and $200 
for attachment to a wrecker that does not exceed 80,000 pounds gross vehicle weight. 
16. 
Sec. 16. 29-A MRSA §1102-A is enacted to read: 
§1102-A.Mobile crushers· 
A person operating a mobile crusher in this State, whether based in or outside of the 
State, is subject to the provisions of this subchapter except the provisions of section 1103 .. 
The SecretalY of State may adopt rules for the permitting of mobile crushers. 
For 
purposes of this section, "mobile crusher" means a transportable device that is used to 
crush motor vehicles. 
Sec. 17. 29-A MRS A §1110, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 
-and affected by Pt. B, §5, is amended to read: 
2. Availability. The records, the place of business and the vehicles and vehicle parts 
in the possession of the licensee must be available for inspection during normal business 
hours by the Secretary of State, a law enforcement officer or representatives of the office 
of the Attorney General. 
-The oper~tor of a mobile crusher as defined in section II 02:..A shall make that operator's 
records available in this State during normal business hours or in accordance with rules 
adopted by the Secretary of State. 
Sec. 18. 29-A MRS A §1407, as amended by PL 1995, c. 645, Pt. B, §15, IS 
further amended to read: 
§1407. Change of location or status 
When a person, after applying for or recelvmg a driver's license or registration, . 
moves from the address named in the application or on the license or registration issued 
or changes name, that person shall, within -W 20 days, notify the Secretary of State, in 
writing or by other means approved by the Secretary of State, of the old and new 
) 
) 
) 
I 
n 
II 
\ 
. 
.~ 
addresses or former and new names' and of the number of the licenses and registrations 
held. 
" 
Sec. 19. 29-A MRSA §2081, sub-§3-A, as amended by PL 2007, c. 60, § I, is 
fmiher amended to read: 
3-A. Other passengers 18 years of age and older; operators. When a person 18 
years of age or older is a passenger in a vehicle that is required by the United States 
Department of Transpoliation to be equipped with seat belts, the passenger must be 
properly secured ina seat belt. Each such passenger is responsible for wearing a seat belt 
as required by this subsection, and a passenger that fails to wear a seat belt as required by 
this subsection is subject to the enforcement provisions of subsection 4. The operator of a 
vehicle that is required by the United States Department of Transportation to be equipped 
with seat belts mllst be properly secured in the operator's seat belt. Violation of this 
subsection is a traffic infraction for whi~h a fine of $50 for the first offense, $125 for the 
2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine 
imposed under this subsection may not be suspended by the court. A vehicle, the contents 
of a vehicle, or the driver of or a passenger in a vehicle may not be inspected or searched 
solely because of a violation of this subsection. 
Sec. 20. 36 MRSA §1482, sub-§l, ~C, as amended byPL 2001, c. 671, §32" is 
further amended to read: 
-
C. 
For the privilege of operating a motor vehicle or camper trailer on the public 
ways,each motor vehicle, other than a stock race car, or each camper trailer to be so 
operated is subject to excise tax as follows, except as specified in subparagraph (3): a 
sum equal to 24 mills on each dollar ofihe maker's list price for the'first or current 
year of model, 17 1/2 mills for the 2nd year, 13 112 mills for the 3rd year, 10 mills for 
the 4th year, 6 112 mills for the ,5th year and 4 mills for the 6th and succeeding years. 
The minimum tax is $5 for a motor vehicle other than a bicycle with motor attached, 
$2.50 for a bicycle with motor attached, $15 for a camper trailer other than a tent 
trailer and $5 for a tent trailer. The excise tax on a stock race car is $5. 
(I) On new registrations of automobiles, trucks and truck tractors, the excise tax 
payment must be made prior to registration and is for a one-year period from the 
date of registration. 
(2) Vehicles registered under the International Registration Plan are subject to ' 
an excise tax determined on a monthly proration basis if their registration period 
is less than 12 months. 
(3) For commercial vehicles manufactured in model year 1996 and after the first 
model years, the amount of excise tax due for trucks or truck tractors registered 
for more than 26,000 pounds and for ,Class A special mobile equipment, as 
defined in Ti~le 29-A, section 10 I, subsection 70, is based on the purchase price 
in the original year of title rather than on the list price. 
For the 6th and 
subsequent model years, the excise tax is based on the maker's list price. 
Verification of purchase price for the application of excise tax is determined by 
the initial bill of sale or the state sales tax document provided at point of 
purchase. 
The initial bill of sale is that issued by the dealer to the initial 
purchaser of a new vehicle. 
For motor vehicles being registered pursuant to Title 29-A,section 405, subsection I, 
paragraph C, the excise tax must be prorated for the number of months in the 
. 5 
registration. 
Sec. 21. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 29-A, section 533-A, subsection 3, paragraph A and Title 36, section 1482, 
subsection 1, paragraph C take effect January J, 2010. 
. 
·9 
SUMMARY 
This bill makes several changes to the motor vehicle laws. The bill: 
1. Amends the weight limitation for a low-speed vehicle; 
2. Allows the Secretary of State to issue agricultural education plates to Depal1ment 
of Agriculture, Food and Rural Resources vehicles and lobster plates to Department of 
Marine Resources vehicles; 
. 15 
3. 
Exempts antique falm tractors from registration requirements when used in 
parades and charitable events; 
4. Makes adjustments to the commercial vehicle excise tax reimbursement laws; 
20' 
5. Clarifies that a title issued for manufactured housing remains in effect unless 
cancelled, allows a manufactured housing title to be cancelled if the home is permanently 
affixed to real property and allows rather than requires the Secretary of State to issue a 
title on used manufactured housing; 
6. Allows the Secretary of State to recall an offensive vanity plate; 
7. 
Extends titfing requirements to most motor vehicles and trailers to vehicles 
manufactured in 1995 and after. Currently, only vehicles less than 15 years old are 
required to be titled; 
8. Provides that a duplicate title is not required to be issued until 15 days after the 
previous title was issued; 
9. Clarifies the process for managing additional security interests; 
10. Modifies the release of lien process for manufactured housing; 
11. Makes adjustments to the dealer plate reduction law; 
12. Modifies the attended sales promotion procedures to provide for- shorter permit 
periods at a reduced fee; 
) 
) 
) 
n 
i '-
( 
) 
'~ 
\~ 
13. Increases the maximum weight of a light wrecker from 24,000 to 26,000 pounds 
for the purpose of determining the dealer plate fee to coincide with commercial driver's 
license limits; 
14. Defines mobile crushers and requires them to be licensed; 
15. Increases the time within which a persOll is obligated to notify the Secretary of 
State of an address or name change from 10 to 20 days;. and 
16. Makes a technical correction to the seatbelt requirements.