An Act To Ensure the Administration of Written Driving Tests
Maine Legislature, Session 127, LD 0682
Committee: Transportation
Sponsors: GILLWAY, ROSEN, PARRY, COLLINS
Amends: 29-A MRSA §1301, 29-A MRSA §1304

Legislative Document 
No. 682 
H.P. 463 
House of Representatives, March 3, 2015 
An Act To Ensure the Administration of Written Driving Tests 
(EMERGENCY) 
Reference to the Committee on Transportation suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GILLWAY of Searsport. 
Cosponsored by Senator ROSEN of Hancock and 
Representative: PARRY of Arundel, Senator: COLLINS of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is some confusion relating to the administration of the issuance of a 
learner's permit and a driver's license; and 
Whereas, it is in the best interests of the State to clarify the authority for these 
duties as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §1301, sub-§4, as amended by PL 2013, c. 381, Pt. B, §15, 
is further amended to read: 
4.  Examination.  An applicant must pass a physical examination by actual 
demonstration of ability to operate a motor vehicle and a written examination.  Failure to 
complete the driving test within the term of a learner's permit requires reexamination for 
the permit.  The Secretary of State may not waive any component of the requirements 
under this subsection except for an applicant who possesses a valid driver's license issued 
by another state or jurisdiction. 
Sec. 2.  29-A MRSA §1304, sub-§1-A, as enacted by PL 2013, c. 493, §1, is 
amended to read: 
1-A.  Learner's permit; issuance.  The following provisions apply to the issuance of 
a learner's permit.  Duties in this subsection may not be delegated or assigned to another 
party. 
A.  Fees for a learner's permit may must be collected only by the Secretary of State in 
accordance with section 154, subsection 1. 
B.  Any required application materials for a learner's permit may must be collected 
only by the Secretary of State. 
C.  Any required examination for a learner's permit may must be administered only 
by the Secretary of State. 
D.  A learner's permit may must be issued only by the Secretary of State upon an 
applicant's meeting the requirements under this section. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides that the Secretary of State may not waive any component of the 
driver's license examination requirements except for an applicant who possesses a valid 
driver's license from another state or jurisdiction.  The bill also clarifies that fees and any 
required application materials for a learner's permit must be collected by the Secretary of 
State, any examination for a learner's permit must be administered by the Secretary of 
State and a learner's permit must be issued by the Secretary of State.