An Act To Enhance the Availability of Special Restricted Licenses in Cases of Medical Need
Maine Legislature, Session 126, LD 1862
Committee Amendment CA_A_H852 (House)
Amends: 29-A MRSA §1256

COMMITTEE AMENDMENT" A" to H.P. 1357, L.D. 1862, Bill, "An Act To 
Enhance the Availability of Special Restricted Licenses in Cases of Medical Need" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 29-A MRSA §1256, first" as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
A person who has reached 15 years of age and who has successfully completed a 
driver education course and passed an examination for operation of a motor vehicle as 
provided in section 1301 may be issued a special restricted license based on educational 
ef~ employment or medical need without the person's having held a permit for a period of 
months as required by section 1304, subsection 1, paragraph H, subparagraph (1) as 
follows. 
Sec. 2. 29-A MRSA §1256, sub-§l, as amended by PL 2001, c. 671, §21 and PL 
2003, c. 545, §5, is further amended to read: 
1. Educational need. A person seeking to qualify for a special restricted license 
based on educational need must file an application. If the applicant qualifies under 
paragraph A, after passiRg aR examiRatioR for operatioR of a motor vehiele as provided iR 
seetioB 1301, and has completed a minimum of 70 hours of driving, including 10 hours of 
night driving, while accompanied by a parent, guardian or licensed driver at least 20 years 
of age, a special restricted license must be issued to the applicant. 
A. An application must include: 
(1) A signed notarized statement from the applicant and the applicant's parent or 
guardian that: 
(a) No readily available alternative means of transportation exists; and 
(b) Use of a motor vehicle is necessary for transportation to and from a 
public secondary school, a private secondary school approved for attendance 
Page I - 126LR2911(03)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1357, L.D. 1862 
purposes by the Commissioner of Education or a career and technical 
education center or region that the applicant is attending; 
(2) A verification of school attendance; and 
(3) A statement by the principal of the school of the lack of a readily available 
alternative means of transportation. 
B. This iieeflse A special restricted license issued pursuant to this subsection only 
authorizes the holder to operate a motor vehicle between the holder's residence and 
school unless accompanied by a licensed driver who meets the requirements of 
section 1304, subsection 1, paragraph E, subparagraphs (1) to (4). 
Sec. 3. 29-A MRSA §1256, sub-§2, as amended by PL 2001, c. 671, §22, is 
further amended to read: 
2. Employment need. A person seeking to qualify for a special restricted license 
based on employment need must file an application. If the applicant qualifies under 
paragraph A, after passiflg afl e*amiflatiofl for operatiofl of a motor vehiele as provided ifl 
seetiofl 1301 and has completed a minimum of 70 hours of driving, including 10 hours of 
night driving. while accompanied by a parent. guardian or licensed driver at least 20 years 
of age, a special restricted license must be issued to the applicant. 
A. An application must include: 
(1) A signed, notarized statement from the applicant and the applicant's parent or 
guardian that: 
(a) No readily available alternative means of transportation exists; and 
(b) Use of a motor vehicle is necessary for transportation to, from or in 
connection with employment of the applicant; and 
(2) A verification of employment by the employer. 
B. This Iieeflse A special restricted license issued pursuant to this subsection only 
authorizes the holder to operate a motor vehicle between the holder's residence, 
school and place of employment and other places necessary in direct connection with 
that employment unless accompanied by a licensed driver who meets the 
requirements of section 1304, subsection 1, paragraph E, subparagraphs (1) to (4). 
Sec. 4. 29-A MRSA §1256, sub-§2-A is enacted to read: 
2-A. Medical need. A person seeking to qualify for a special restricted license 
based on medical need must file an application. The Secretary of State may grant a 
person who has reached 15 years of age a special restricted license under circumstances 
of medical necessity that are experienced by the person or a member of the person's 
immediate family if the Secretary of State determines the circumstances to be exigent and 
not inconsistent with the interest of highway safety and if that person has completed a 
minimum of 35 hours of driving, including 5 hours of night driving, while accompanied 
by a parent, guardian or licensed driver at least 20 years of age. A person issued a special 
restricted license must complete a minimum of 35 additional hours of driving, including 5 
additional hours of night driving, while accompanied by a parent, guardian or licensed 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1357, L.D. 1862 
driver at least 20 years of age in order to qualify for a provisional license without 
restriction. 
A. An application must include: 
(1) A signed, notarized statement from a physician attesting to the existence of 
circumstances of medical necessity; and 
(2) A signed, notarized statement from the applicant or the applicant's parent or 
guardian that: 
(a) No readily available alternative means of transportation exists; and 
(b) Use of a motor vehicle is necessary for transportation in connection with 
circumstances of medical necessity that are experienced by the person or a 
member of the person's immediate family. 
B. A special restricted license issued pursuant to this subsection only authorizes the 
holder to operate a motor vehicle between the holder's residence and school and 
locations necessitated by the circumstances of medical necessity unless accompanied 
by a licensed driver who meets the requirements of section 1304, subsection 1, 
paragraph E, subparagraphs (1) to (4). 
Sec. 5. 29-A MRSA §1256, sub-§3,~, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
B. 
The Secretary of State receives written notice from the holder, parent, guardian, 
physician, principal or employer that the holder no longer qualifies for a special 
restricted license.' 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It clarifies that a special restricted license based on educational need, employment 
need or medical need may only be issued after an applicant passes an examination for 
operation of a motor vehicle as provided in the Maine Revised Statutes, Title 29-A, 
section 1301. 
2. It requires that in order for a person who is 15 years of age to receive a special 
restricted license based on educational need or employment need the person must have 
completed a minimum of 70 hours of driving, including 10 hours of night driving, while 
accompanied by a parent, guardian or licensed driver at least 20 years of age. 
3. It requires that in order for a person who is 15 years of age to receive a special 
restricted license based on medical need the person must have completed a minimum of 
hours of driving, including 5 hours of night driving, while accompanied by a parent, 
guardian or licensed driver at least 20 years of age. 
4. It requires that a person issued a special restricted license based on medical need 
must complete a minimum of 35 additional hours of driving, including 5 hours of night 
driving, while accompanied by a parent, guardian or licensed driver at least 20 years of 
age before qualifying for a provisional license without restriction. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 1357, L.D. 1862 
5. It requires that an application for a special restricted license based on medical 
need must include a signed, notarized statement from a physician attesting to the 
existence of circumstances of medical necessity. 
6. It requires that, consistent with the restrictions placed on use of special restricted 
licenses based on educational need and employment need, a special restricted license 
based on medical need may be used only to operate a motor vehicle between the holder's 
residence and school and locations necessitated by the circumstances of medical 
necessity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/01114 
fo?ac 
LD 1862 
LR 2911(03) 
An Act To Enhance the Availability of Special Restricted Licenses in Cases of Medical Need 
Fiscal Note for BiD as Amended by Committee Amendment 'h' C f/ ' 55;;L ) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
Fiscal Detail and Notes 
Additional costs to the Department of the Secretary of State associated with this legislation can be absorbed within 
existing budgeted resources. 
LR2911(03) - Fiscal Note - Page 1 of I