An Act To
Maine Legislature, Session 127, LD 0737
Committee Amendment CA_A_S58 (Senate)
Amends: 29-A MRSA §1304, 29-A MRSA §1311, 29-A MRSA §131, 29-A MRSA §2116

COMMITTEE AMENDMENT " It" to S.P. 267, L.D. 737, Bill, "An Act To 
Amend the Laws Regarding Leamer's Pennits and Intennediate Licenses" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §1304, sub-§l, ,-I, as amended by PL 2013, c. 381, Pt. B, 
§ 16, is further amended to read: 
I. A person who has been issued a leamer's pennit may not operate a motor vehicle 
while using a handheld electronic device or mobile telephone. For the purpose of this 
paragraph, "mobile telephone" means a device used to access a wireless telephone 
service the following tenns have the following meanings. 
(1) "Handheld electronic device" means any handheld electronic device that is 
not part of the operating equipment of the motor vehicle, including but not 
limited to an electronic game, device for sending or receiving electronic mail, 
text messaging device or computet. 
(2) "Mobile telephone" means a device used to access a wireless telephone 
service. 
(3) "Operate" means driving a motor vehicle on a public way with the motor 
running, including while temporarily stationary because of traffic, a traffic light 
or a stop sign or otherwise stationary. "Operate" does not include operating a 
motor vehicle with or without the motor running when the operator has pulled the 
motor vehicle over to the side of, or off, a public way and has halted in a location 
where the motor vehicle can safely remain stationary. 
(4) "Using" means manipulating, talking into or otherwise interacting with a 
mobile telephone or handheld electronic device. 
A person who violates this paragraph commits a traffic infraction. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 267, LD. 737 
Sec. 2. 29-A MRSA §1311, sub-§1, ~C, as enacted by PL 2003, c. 286, §4, is 
amended to read: 
C. 
Operate a motor vehicle while using a handheld electronic device or mobile 
telephone. 
For the purpose of this paragraph, "mobile telephone" means a device used to access 
a wireless telephone service the following terms have the following meanings. 
(1) "Handheld electronic device" means any handheld electronic device that is 
not part of the operating equipment of the motor vehicle, including but not 
limited to an electronic game, device for sending or receiving electronic mail, 
text messaging device or computer. 
(2) 
"Mobile telephone" means a device used to access a wireless telephone 
servIce. 
(3) "Operate" means driving a motor vehicle on a public way with the motor 
running, including while temporarily stationary because of traffic, a traffic light 
or a stop sign or otherwise stationary. "Operate" does not include operating a 
motor vehicle with or without the motor running when the operator has pulled the 
motor vehicle over to the side of, or off, a public way and has halted in a location 
where the motor vehicle can safely remain stationary. 
(4) "Using" means manipUlating, talking into or otherwise interacting with a 
mobile telephone or handheld electronic device. 
Sec. 3. 29-A MRSA §131l, sub-§3-A is enacted to read: 
3-A. Restricted license decal. Before issuing a license under this section, the 
Secretary of State shall make available to the licensee a set of 2 decals to place in the 
motor vehicle driven by the licensee that indicates that the driver of the motor vehicle 
may be a holder of an intermediate license. Notwithstanding section 2082, a motor 
vehicle operated by a person who has been issued a driver's license under this section 
may display a set of 2 decals, one located on the rear window and one located in the 
upper left-hand comer of the front windshield, that indicates that the driver of the motor 
vehicle may be a holder of an intermediate license under this section. The design of the 
decal must be approved by the Chief of the State Police in consultation with the Secretary 
of State. The decals may not be larger than 3 inches by 3 inches and may not be placed in 
a manner that obstructs the operator's view of the roadway. 
The Secretary of State shall begin issuing restricted license decals in accordance with this 
subsection no later than October 1, 2015. 
Sec. 4. 29-A MRSA §2116, sub-§1, ,:B-1 is enacted to read: 
B-1. 
"Operate" means driving a motor vehicle on a public way with the motor 
running, including while temporarily stationary because of traffic, a traffic light or a 
stop sign or otherwise stationary. "Operate" does not include operating a motor 
vehicle with or without the motor running when the operator has pulled the motor 
vehicle over to the side of, or off, a public way and has halted in a location where the 
motor vehicle can safely remain stationary. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 267, L.D. 737 
Sec. 5. 29-A MRSA §2116, sub-§l, ~C, as enacted by PL 2007, c. 272, §1, is 
amended to read: 
C. "Using" means manipulating, talking into or otherwise interacting with a mobile 
telephone or handheld electronic device but does not include passively listening to 
music or other recorded sounds emanating from a handheld electronic device. 
Sec. 6. Report. No later than February 1,2017, the Department of the Secretary of 
State, Bureau of Motor Vehicles shall submit a report to the joint standing committee of 
the Legislature having jurisdiction over transportation matters with an update on the 
voluntary restricted license decal program established in the Maine Revised Statutes, 
Title 29-A, section 1311, subsection 3-A. 
The joint standing committee of the 
Legislature having jurisdiction over transportation matters may submit a bill to the First 
Regular Session of the 128th Legislature relating to the subject matter of this report.' 
SUMMARY 
This amendment strikes and replaces the bill. The amendment strikes from the bill: 
1. The increase in the required minimum age of the accompanying licensed driver, for 
a driver of a motor vehicle under a leamer's permit, from 20 to 25 years of age; 
2. The increase in the required length of time that the accompanying licensed driver, 
for a driver of a motor vehicle under a leamer's pennit, has held a driver's license from 2 
to 3 years; 
3. The increase in the length of time a pennit holder is required to have a leamer's 
permit before obtaining a driver's license from 6 to 12 months; and 
4. The increase in the fine for using a mobile telephone while operating a motor 
vehicle with an intennediate license from not less than $250 and not more than $500 to 
$500. 
The amendment amends the current laws prohibiting the holder of a leamer's pennit 
or intermediate license from using a mobile telephone while operating a motor vehicle to 
also prohibit such a person from using a handheld electronic device while operating a 
motor vehicle. The amendment provides that the definitions in these provisions and in 
the provisions of current law that prohibit minors from using certain electronic devices 
while operating a motor vehicle are consistent. 
The amendment strikes from the bill the prohibition on a driver who is operating a 
motor vehicle with an intermediate license from operating a motor vehicle between the 
hours of 10 p.m. and 5 a.m., unless traveling directly between the driver's place of 
employment and residence. The amendment leaves current law in place, which prohibits 
a driver who is operating a motor vehicle with an intennediate license from operating a 
motor vehicle between midnight and 5 a.ill. 
The amendment strikes from the bill the prohibition on a driver who is operating a 
motor vehicle with an intermediate license from can-ying any passengers unless 
accompanied by a licensed operator. The amendment leaves CllTent law in place, which 
provides that a driver who is operating a motor vehicle with an interrnediate license may 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 267, L.D. 737 
carry passengers who are immediate family members without being accompanied by a 
licensed operator. 
The amendment revises the provision in the bill relating to requiring a driver who is 
operating a motor vehicle with an intermediate license to display a set of decals in the 
motor vehicle by providing that the decal program is voluntary. The amendment requires 
the Department of the Secretary of State, Bureau of Motor Vehicles to submit a report no 
later than February 1, 2017 to the j oint standing committee of the Legislature having 
jurisdiction over transportation matters with an update on the decal program. 
The 
amendment also provides that the joint standing committee of the Legislature having 
jurisdiction over transportation matters may submit a bill to the First Regular Session of 
the 128th Legislature relating to the subject matter of this report. 
FISCA L ~~OTF REQUIRED 
COMMITTEE AMENDMENT 
Approved: 04/21/15 
;1dac:.. 
LD 737 
LR 661(02) 
An Act To Amend the Laws Regarding Learner's Permits and Intermediate Licenses 
Fiscal Note for Bill as Amended by Committee Amendment ':q"(S-S~) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
~orrectional and JUdicial Impact Statements 
Establishes new traffic inftactions. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional cO,sts to the Department of Secretary of State associated with issuing restricted license decals and updating 
the committee on the voluntary restricted license decal program can be absorbed within existing budgeted resources.