An Act To Amend the Motor Vehicle Laws
Maine Legislature, Session 125, LD 1710
Committee: Transportation
Sponsors: CEBRA, COLLINS, McKANE, OLSEN, COURTNEY, PLOWMAN, THIBODEAU, THOMAS
Amends: 29-A MRSA §101, 29-A MRSA §202, 29-A MRSA §501, 29-A MRSA §1354, 29-A MRSA §2382, 36 MRSA §1482

Legislative Document 
No. 1710 
H.P. 1262 
House of Representatives, December 23, 2011 
An Act To Amend the Motor Vehicle Laws 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Cosponsored by Senator COLLINS of York and 
Representatives: McKANE of Newcastle, OLSEN of Phippsburg, Senators: COURTNEY of 
York, PLOWMAN of Penobscot, THIBODEAU of Waldo, THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §101, sub-§6-B is enacted to read: 
6-B.  Autocycle.  "Autocycle" means an enclosed motorcycle having no more than 3 
wheels in contact with the ground and that: 
A.  Meets the general motorcycle inspection standards, except those standards that do 
not apply due to the design of the vehicle; and 
B.  Is equipped with: 
(1)  Safety belts for all passengers; 
(2)  A roll bar or enclosed cab; 
(3)  A steering wheel or tiller; and 
(4)  Brakes on at least 2 main wheels. 
The manufacturer's certificate of origin must state that the vehicle meets the federal 
specifications for a motorcycle. 
This subsection is repealed 90 days after the adjournment of the First Regular Session of 
the 126th Legislature. 
Sec. 2.  29-A MRSA §202, as amended by PL 2001, c. 671, §2, is further amended 
to read: 
§202.  Appointment of agents for the issuance of noncommercial driver's license 
renewals, nondriver identification card renewals and duplicates 
The Secretary of State may appoint agents authorized solely to issue renewals of 
operator's licenses and to issue noncommercial driver's license renewals, nondriver 
identification card renewals and duplicates of those documents who are stationed at 
convenient locations in the State.  Agents may charge an applicant a fee over the required 
operator's license fee fees for each renewal or duplicate issued.  The agent retains the 
additional fee and forwards all other fees to the Secretary of State.  The Secretary of State 
shall determine by rule the fee to be charged by an agent under this section.  Rules 
adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 
375, subchapter II-A 2-A. 
Renewal agents Agents appointed pursuant to this section are not authorized to issue 
registrations or, initial operator's noncommercial driver's licenses or initial nondriver 
identification cards. 
Sec. 3.  29-A MRSA §501, sub-§12-A is enacted to read: 
12-A.  Autocycles.  The Secretary of State may issue a registration for an autocycle 
upon application and payment of an annual fee of $21.  The registrant must provide a 
certificate of title required by section 651, proof of financial responsibility required by 
section 1601 and evidence of payment of the excise tax as required by Title 36, section 
1482, subsection 1, paragraph C. An autocycle registered under this section is issued a 
registration plate with the word "autocycle" instead of "Vacationland."  The Secretary of 
State may issue a facsimile plate for a 60-day period. 
This subsection is repealed 90 days after the adjournment of the First Regular Session of 
the 126th Legislature. 
Sec. 4.  29-A MRSA §1354, sub-§1, ¶E, as enacted by PL 1995, c. 505, §15 and 
affected by §22 and amended by PL 2003, c. 545, §5, is repealed. 
Sec. 5.  29-A MRSA §1354, sub-§1, ¶F, as enacted by PL 1995, c. 505, §15 and 
affected by §22, is amended to read: 
F.  "Instructor" means a person engaged in teaching driver education in a commercial 
driver education school. 
Sec. 6.  29-A MRSA §1354, sub-§2, as enacted by PL 1995, c. 505, §15 and 
affected by §22, is amended to read: 
2.  Licenses required.  A person may not operate a driver education school, conduct 
driver education or act as an instructor or driver education teacher unless licensed by the 
Secretary of State. 
A.  A Class A driver education school license may be issued to a driver education 
school that employs Class A or Class B instructors or driver education teachers and 
that is authorized to teach both the classroom and behind-the-wheel phases of driver 
education. 
B.  A Class A instructor or driver education teacher license authorizes the holder to 
teach both the classroom and behind-the-wheel phases of driver education as an 
employee or affiliate of a licensed driver education school. 
C.  A Class B instructor or driver education teacher license authorizes the holder to 
teach only the behind-the-wheel phase of driver education as an employee or affiliate 
of a licensed driver education school. 
Sec. 7.  29-A MRSA §1354, sub-§3, as amended by PL 1997, c. 776, §39, is 
further amended to read: 
3.  Commercial driver education school license requirements.  With assistance 
from the Technical Review Panel established in subsection 6, the Secretary of State shall 
adopt rules governing the curriculum, facilities, operations, including record-keeping 
requirements, and issuance and renewal of licenses for noncommercial driver education 
schools and commercial driver education schools and for driver education teachers and 
instructors. 
A.  The Secretary of State may not issue a license for a driver education school until 
the applicant has filed with the Secretary of State a certificate showing that the 
applicant is covered by an automobile bodily injury and property damage liability 
insurance policy insuring against any legal liability in accordance with the terms of 
the policy for personal injury or death of any one person in the sum of $100,000 and 
for any number of persons in the sum of $300,000 and against property damage in the 
sum of $100,000 arising from the operation of any vehicle being used in a 
commercial driver education school.  In lieu of that insurance, the applicant may file 
with the Secretary of State a bond or bonds issued by a surety company authorized to 
do business in the State in the amount of at least $100,000 on account of injury to or 
death of one person and subject to such limits as respects injury to or death of one 
person, of at least $300,000 on account of any one accident resulting in injury to or 
death of more than one person and of at least $100,000 for damage to property of 
others.  Failure to comply with this subsection is grounds for suspension or 
revocation of a driver education school license. 
B.  A vehicle used as a training vehicle must be maintained in safe mechanical 
condition at all times.  Each vehicle must be equipped with dual-control foot brakes 
and, if the vehicle is not equipped with an automatic transmission, dual-control clutch 
pedals.  While being used in actual instruction, a vehicle must be equipped with an 
identification sign listing the name of the school and a student driver sign. 
The following vehicles are not required to have dual controls and an identification 
sign listing the name of the school and a student driver sign: 
(1)  A vehicle that is being used to instruct a person with a disability and is 
specially equipped for use by a person with a disability; and 
(2)  A vehicle that is being used to instruct a person in possession of a valid 
Maine driver's license or instruction permit when the vehicle is not provided by 
the driver education school. 
Sec. 8.  29-A MRSA §1354, sub-§4, as enacted by PL 1995, c. 505, §15 and 
affected by §22, is amended to read: 
4.  Instructor license requirements.  With assistance from the Technical Review 
Panel established in subsection 6, the Secretary of State shall adopt rules governing the 
issuance and renewal of driver education teacher and instructor licenses.  In addition to 
the requirements established by rule, each applicant must meet the following 
requirements: 
A.  The applicant must be at least 21 years of age and have a high school diploma or 
its equivalent; 
B.  The applicant must have at least 4 years of driver experience as a licensed 
operator; 
C.  The applicant may not have had a license revoked pursuant to chapter 23, 
subchapter V 5 within the preceding 6-year period; 
D.  The applicant may not have had an OUI as defined in section 2401, subsection 8 
within the preceding 6-year period; 
E.  The applicant must pass an examination consisting of a knowledge, vision and 
road test in the type of vehicle for which the license is to be used as prescribed by the 
Secretary of State; and 
F.  The applicant must complete an educational program prescribed by the Secretary 
of State. 
Sec. 9.  29-A MRSA §1354, sub-§5-A, as amended by PL 2011, c. 442, §§1 and 
2, is further amended to read: 
5-A.  License fees.  License fees must be paid to the Secretary of State and deposited 
into the Highway Fund.  The following fees apply. 
A.  The fee for a driver education school license is $125. 
B.  The fee for a driver education teacher or an instructor license is $100. 
C.  A driver education school license expires one year from the date of issuance.  The 
fee for the renewal of a driver education school license is $125.  A driver education 
teacher or An instructor license expires 2 years from the date of issuance.  The fee for 
the renewal of a driver education teacher or an instructor license is $100. 
D.  A noncommercial driver education school that offers driver education for course 
credit and does not charge a fee for driver education is exempt from the license fees 
required in this subsection.  A driver education teacher An instructor employed by 
and providing driver education only in a school exempt from license fees in 
accordance with this paragraph is also exempt from license fees required in this 
subsection. 
Sec. 10.  29-A MRSA §1354, sub-§6, ¶A, as amended by PL 2003, c. 652, Pt. B, 
§7 and affected by §8, is further amended to read: 
A.  The Secretary of State shall establish the Technical Review Panel that includes 
representatives from the Department of Education, the Department of Public Safety, 
law enforcement agencies, the insurance industry, and the motor carrier industry and 
a driver education teacher and an instructor.  The Technical Review Panel shall assist 
the Secretary of State in developing curriculum and teacher and instructor training 
and certification. 
Sec. 11.  29-A MRSA §1354, sub-§6, ¶C, as enacted by PL 1995, c. 505, §15 
and affected by §22, is amended to read: 
C.  The Secretary of State shall develop and implement training programs for the 
licensing and relicensing of driver education teachers and instructors. 
Sec. 12.  29-A MRSA §1354, sub-§6, ¶G, as enacted by PL 1995, c. 505, §15 
and affected by §22, is amended to read: 
G.  The Secretary of State shall investigate written complaints regarding the activities 
of driver education schools and driver education teachers and instructors. 
Sec. 13.  29-A MRSA §1354, sub-§7, as enacted by PL 1995, c. 505, §15 and 
affected by §22 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is 
further amended to read: 
7.  Penalties.  A person who conducts driver education, operates a driver education 
school or acts as a driver education teacher or an instructor without a license is guilty of a 
Class E crime.  The State may bring an action in Superior Court to enjoin any person 
from violating this chapter, regardless of whether proceedings have been or may be 
instituted in the District Court or whether criminal proceedings have been or may be 
instituted. 
Sec. 14.  29-A MRSA §1354, sub-§8, as enacted by PL 1995, c. 505, §15 and 
affected by §22, is amended to read: 
8.  Suspension or revocation of license; hearings.  The Secretary of State may 
suspend, revoke or refuse to issue or renew a driver education school or driver education 
teacher or instructor license for noncompliance with statutory and regulatory 
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 II 2, article 3. 
Sec. 15.  29-A MRSA §2382, sub-§5, as repealed and replaced by PL 2011, c. 
356, §23, is amended to read: 
5.  Long-term permits.  The Secretary of State may grant permits for up to one year 
for trucks, truck tractors, semitrailers and Class A special mobile equipment.  The fee for 
an overlimit permit is $25 per month.  The Secretary of State, in consultation with the 
Commissioner of Transportation, shall establish the fee schedule by rule.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 16.  36 MRSA §1482, sub-§1, ¶C, as amended by PL 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) 
(4):  a sum equal to 24 mills on each dollar of the maker's list price for the first or 
current year of model, 17 1/2 mills for the 2nd year, 13 1/2 mills for the 3rd year, 10 
mills for the 4th year, 6 1/2 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. 
(1)  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 
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 Title 
29-A, section 101, subsection 70, is based on the purchase price in the original 
year of title rather than on the 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. 
(4)  When a person registers a truck or truck tractor with a registered weight of 
more than 26,000 pounds or Class A special mobile equipment, as defined in 
Title 29-A, section 101, subsection 70, the amount of excise tax due from that 
person is based on: 
(a)  For the first 6 years, the purchase price of that truck, truck tractor or 
Class A special mobile equipment in the original year of title; and 
(b)  For the 7th and subsequent years, the list price of that truck, truck tractor 
or Class A special mobile equipment. 
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 1, 
paragraph C, the excise tax must be prorated for the number of months in the 
registration. 
SUMMARY 
This bill: 
1.  Changes the repeal date for autocycle registrations to coincide with changes made 
in Public Law 2011, chapter 356; 
2.  Current law allows the Secretary of State to appoint agents to issue renewals of 
operator's licenses.  This bill allows appointed agents to renew nondriver identification 
cards in addition to noncommercial driver's licenses and to issue duplicates of those 
documents; 
3.  Removes obsolete language referencing "driver education teachers"; 
4.  Requires the Secretary of State, in consultation with the Commissioner of 
Transportation, to establish by rule the fees for vehicles covered by long-term overlimit 
permits; and 
5.  Limits to the first 6 years of registration the basing of the excise tax on the 
purchase price, rather than the list price, of a truck or a truck tractor weighing more than 
26,000 pounds or Class A special mobile equipment.