An Act To Amend the Motor Vehicle Laws
Maine Legislature, Session 128, LD 1577
Committee: Transportation
Sponsors: McLEAN, COLLINS, BRYANT, CEBRA, GILLWAY, PARRY, PERKINS, SCHNECK, MIRAMANT, ROSEN
Amends: 5 MRSA §17716, 5 MRSA §17851, 5 MRSA §17852, 20-A MRSA §12552, 25 MRSA §1611, 29-A MRSA §101, 29-A MRSA §152, 29-A MRSA §201, 29-A MRSA §256, 29-A MRSA §525, 29-A MRSA §654, 29-A MRSA §664-A, 29-A MRSA §754, 29-A MRSA §901, 29-A MRSA §1002, 29-A MRSA §1301, 29-A MRSA §1303, 29-A MRSA §1304, 29-A MRSA §1352, 29-A MRSA §1353, 29-A MRSA §1401, 29-A MRSA §1405, 29-A MRSA §1406-A, 29-A MRSA §1408, 29-A MRSA §2054, 29-A MRSA §2303, 29-A MRSA §2390, 29-A MRSA §2451, 29-A MRSA §2472

Legislative Document
No. 1577
H.P. 1084
House of Representatives, May 4, 2017
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.
ROBERT B. HUNT
Clerk
Presented by Representative McLEAN of Gorham.
Cosponsored by Senator COLLINS of York and
Representatives: BRYANT of Windham, CEBRA of Naples, GILLWAY of Searsport, 
PARRY of Arundel, PERKINS of Oakland, SCHNECK of Bangor, Senators: MIRAMANT of 
Knox, ROSEN of Hancock.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §17716, as amended by PL 2007, c. 491, §135, is further 
amended to read: 
§17716.  Motor vehicle detectives 
A motor vehicle investigator detective, senior motor vehicle investigator detective, 
principal motor vehicle investigator detective or chief motor vehicle investigator 
detective who elects the retirement option provided in section 17851, subsection 14 shall 
contribute to the State Employee and Teacher Retirement Program or have pick-up 
contributions made by the employer as provided in section 17852, subsection 15. 
Sec. 2.  5 MRSA §17851, sub-§14, as enacted by PL 1997, c. 402, §2, is amended 
to read: 
14.  Motor vehicle detectives; option.  A motor vehicle investigator detective, senior 
motor vehicle investigator detective, principal motor vehicle investigator detective or 
chief motor vehicle investigator detective qualifies for a service retirement benefit upon 
reaching 55 years of age after completing at least 25 years of creditable service in that 
capacity if notice of election of the option and payment of employee contributions and 
actuarial costs are made as provided in section 17852, subsection 15. 
Sec. 3.  5 MRSA §17852, sub-§15, as amended by PL 2007, c. 491, §§171, 172, 
is further amended to read: 
15.  Motor vehicle investigators and motor vehicle detectives; option.  The 
retirement benefit of a person who qualifies under section 17851, subsection 14 and who 
retires upon or after reaching 55 years of age is computed in accordance with subsection 
if: 
A.  The person was first employed as a motor vehicle investigator or a motor vehicle 
detective on or after October 1, 1997, elects the option provided in section 17851, 
subsection 14 and pays to the State Employee and Teacher Retirement Program an 
increased employee payroll contribution in an amount that equals the full actuarial 
cost of electing that option; or 
B.  The person was first employed as a motor vehicle investigator before October 1, 
1997, elects the option provided in section 17851, subsection 14 and pays to the State 
Employee and Teacher Retirement Program a single payment or periodic payments of 
a lump sum or a combination of single and periodic payments of that amount that 
equals the full actuarial cost of electing that option for service before that date. 
A person who requests calculation of the full actuarial cost, regardless of whether the 
person elects the option, must pay to the retirement system by a single lump sum payment 
the reasonable administrative costs of determining the full actuarial costs.  Payment of the 
full actuarial cost related to service on or after October 1, 1997 is made as part of the 
employee payroll contribution. 
For the purposes of this subsection, "full actuarial cost" means that the person's payment 
or payments must fully offset any unfunded liability that would or does result from 
retirement under the option provided in section 17851, subsection 14 and must fully fund 
the cost of the person's retirement prior to normal retirement age so that an additional 
employer contribution is not required. 
A person who makes the election provided in section 17851, subsection 14 at any time 
after the date on which the person is first employed as a motor vehicle investigator or a 
motor vehicle detective must include interest, at a rate to be set by the board not to exceed 
regular interest by 5 or more percentage points, applied as of the date on which the person 
was first employed in that capacity to the contributions the person would have paid or had 
picked up by the employer had the person elected that option at the date of first 
employment. 
This subsection takes effect October 1, 1997.  Election to retire under this subsection is a 
one-time irrevocable election.  A person who was first employed as a motor vehicle 
investigator or a motor vehicle detective on or after October 1, 1997 must make the 
election no later than 90 days after the date of first employment.  A person who was first 
employed in that capacity before October 1, 1997 must make the election no later than 
January 1, 1998. 
Sec. 4.  5 MRSA §17852, sub-§16, as enacted by PL 1997, c. 401, §3, is further 
amended to read: 
16.  Motor vehicle detectives exercising option; retirement before 55 years of 
age.  For a person exercising the option provided in section 17851, subsection 14 who 
makes the payments required in subsection 15 and who retires before reaching 55 years of 
age, the retirement benefit is determined as follows. 
A.  For members with 10 years of creditable service on July 1, 1993, the retirement 
benefit is determined in accordance with subsection 1, except that: 
(1)  The amount arrived at under subsection 1 is reduced by applying to that 
amount the percentage that a life annuity due at 55 years of age bears to the life 
annuity due at the age of retirement; and 
(2)  For the purpose of making the computation under subparagraph (1), the 
board-approved tables of annuities in effect at the date of the member's retirement 
are used. 
For the purpose of calculating creditable service under this subsection only, 
"creditable service" includes time during which a member participated in the 
voluntary cost-savings plan or the voluntary employee incentive program, authorized 
by Public Law 1989, chapter 702, Part F, section 6 and Public Law 1991, chapter 
591, Part BB and chapter 780, Part VV; 10 years of combined creditable service 
under this Part and Title 3, chapter 29; or creditable service available to a member 
that the member was eligible to purchase on June 30, 1993 and that the member does 
purchase in accordance with rules adopted by the board. 
B.  For members who do not have 10 years of creditable service on July 1, 1993, the 
retirement benefit is determined in accordance with subsection 1, except that the 
benefit is reduced by 6% for each year that the person's age precedes 55 years of age. 
Sec. 5.  20-A MRSA §12552, sub-§2, as amended by PL 2009, c. 421, §1, is 
further amended to read: 
2.  Law enforcement officer.  "Law enforcement officer" means an active state 
police officer, municipal police officer, county sheriff or deputy sheriff in this State.  
"Law enforcement officer" also means an active game warden, fire marshal, forest ranger, 
Baxter State Park ranger, detective employed by the Office of the Attorney General 
pursuant to Title 5, section 202, person employed by the Department of Corrections as an 
investigative officer as defined in Title 34-A, section 1001, subsection 10-A, juvenile 
community corrections officer as described in Title 34-A, section 5602, probation officer, 
security officer appointed by the Commissioner of Public Safety pursuant to Title 25, 
section 2908, motor vehicle investigator detective or supervisor appointed by the 
Secretary of State pursuant to Title 29-A, section 152, military security police officer 
appointed by the Adjutant General, University of Maine System police officer or marine 
patrol officer, if employed on a full-time basis in that position in this State. 
Sec. 6.  25 MRSA §1611, sub-§5, as amended by PL 2013, c. 147, §2, is further 
amended to read: 
5.  Law enforcement officer or officer.  "Law enforcement officer" or "officer" 
means an active state police officer, municipal police officer, county sheriff, deputy 
sheriff, game warden, an employee of the Office of the State Fire Marshal who has law 
enforcement powers pursuant to section 2396, subsection 7, fire marshal, judicial 
marshal, forest ranger, Baxter State Park ranger, a detective employed by the Office of 
the Attorney General pursuant to Title 5, section 202, a person employed by the 
Department of Corrections as an investigative officer as defined in Title 34-A, section 
1001, subsection 10-A, a juvenile community corrections officer as described in Title 
34-A, section 5602, a probation officer, a security officer appointed by the Commissioner 
of Public Safety pursuant to section 2908, a motor vehicle investigator detective or 
supervisor appointed by the Secretary of State pursuant to Title 29-A, section 152, a 
military security police officer appointed by the Adjutant General, a University of Maine 
System police officer or marine patrol officer in this State. 
Sec. 7.  29-A MRSA §101, sub-§80-A is enacted to read: 
80-A.  Tow-away transporter combination.  "Tow-away transporter combination" 
means a combination of vehicles, with a combined gross weight not exceeding 26,000 
pounds, consisting of a truck or truck and tractor and 2 trailers or semitrailers, which do 
not carry property and constitute inventory property of a manufacturer, distributor or 
dealer of such trailers or semitrailers. 
Sec. 8.  29-A MRSA §152, sub-§2, as amended by PL 2007, c. 12, §1, is further 
amended to read: 
2.  Deputize agents, examiners and detectives.  Appoint and deputize agents, 
examiners and motor vehicle investigators detectives, stationed at convenient places, to 
receive applications for registration and licenses for the operation of vehicles, to conduct 
examinations and to perform assigned duties. 
A motor vehicle investigator detective has the powers and duty to enforce all provisions 
of this Title and Title 17-A and all the laws of the State with the same powers that a 
sheriff has in a county.  A motor vehicle investigator detective is at all times subject to all 
other investigatory duties assigned by the Secretary of State. 
Sec. 9.  29-A MRSA §201, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
1.  Appointment of agents by Secretary of State; scope of authority.  With the 
approval of the municipal officers, the Secretary of State may appoint a municipal tax 
collector, or other persons designated by a municipality, to collect excise taxes on 
vehicles and to receive applications for licenses, noncommercial driver's license renewals, 
and duplicates, nondriver identification card renewals and duplicates and new 
registrations and renewals of registrations of motor vehicles, trailers and semitrailers.  
The Secretary of State may authorize a municipal agent to issue licenses, registrations and 
renewals and duplicates of noncommercial driver's licenses and, nondriver identification 
cards, new registrations and renewals of registrations or may limit the agent's authority to 
the issuance of renewals only. 
Sec. 10.  29-A MRSA §201, sub-§3, as amended by PL 2005, c. 573, §2, is 
further amended to read: 
3.  Service fees.  Municipal agents appointed in accordance with subsection 1 may 
charge service fees for licenses, registrations and renewals of licenses and registrations as 
follows. 
A.  A municipal agent may charge an applicant a fee not to exceed $3 over the 
required fee for each renewal of a noncommercial driver's license or nondriver 
identification card or registration issued and a fee not to exceed $4 over the required 
fee for each new license or registration issued. 
B.  In a municipality in which agents are authorized to issue licenses, registrations or 
renewals of noncommercial driver's licenses, nondriver identification cards or 
registrations for applicants from another municipality or from an unorganized 
territory, the agent may charge those applicants $1 in addition to the fees authorized 
by this subsection for each license, registration or renewal. 
C.  A municipal agent authorized to issue temporary registration permits may charge 
an applicant a fee not to exceed $1 over the required permit fee. 
D.  A municipal agent authorized to process permits and decals for vehicles with 
gross vehicle weight in excess of 6,000 may charge a fee not to exceed $1 over the 
required fee for each permit or decal issued. 
E.  A municipal agent may charge a fee not to exceed $1 over the required fee for the 
issuance of a duplicate registration, duplicate noncommercial driver's license or 
duplicate nondriver identification card. 
F.  A municipal agent may charge any applicant a fee not to exceed $2 over and 
above the required operator's license fee for each renewal issued. 
G.  A municipal agent may charge an applicant a fee not to exceed $1 over the 
required fee when an applicant is requesting issuance of a set of plates designated as 
specialty plates by the Secretary of State to replace previously issued plates. 
H.  The Secretary of State may authorize municipal agents to charge a fee not to 
exceed $1 over the required fee for other transactions that the municipal agent carries 
out on behalf of the Secretary of State and that are not listed in this subsection. 
The municipality may retain all service fees authorized in this subsection. 
Sec. 11.  29-A MRSA §256, as enacted by PL 1995, c. 645, Pt. B, §6 and affected 
by §24, is amended to read: 
§256.  Federal Driver's Privacy Protection Act of 1994 
The Secretary of State shall comply with adopt routine technical rules to implement 
the provisions of Title 18, United States Code, Chapter 123 in disclosing records. 
Sec. 12.  29-A MRSA §525, sub-§6, ¶B, as amended by PL 1995, c. 482, Pt. B, 
§13 and affected by §22, is further amended to read: 
B.  A cab card must be carried in the vehicle at all times.  For the purposes of this 
paragraph, "cab card" means identification issued or approved by the Secretary of 
State that contains the legal name and address of the person who has established a 
fuel use reporting account for the vehicle.  With the approval of the Secretary of 
State, the cab card may be carried and presented in an electronic format. 
Sec. 13.  29-A MRSA §525, sub-§9-A, as repealed and replaced by PL 2003, c. 
688, Pt. A, §32 and affected by §33, is amended to read: 
9-A.  Violation.  The following penalties apply to violations of this section. 
A.  Except as provided in paragraph B, a person who violates this section commits a 
Class E crime traffic infraction. 
B.  A person who displays or causes or permits to be displayed a false decal or permit 
or a decal or permit issued to another person commits a Class D E crime. 
An owner or operator stopped for violating this section and against whom enforcement 
action has been taken does not commit a subsequent violation of this section involving 
the same vehicle until after the close of business on the next business day following the 
date of the violation. 
The court shall impose a fine of at least $250, which may not be suspended. 
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
Sec. 14.  29-A MRSA §525, sub-§10, as amended by PL 2009, c. 213, Pt. 
YYYY, §1, is further amended to read: 
10.  Suspension.  If a person fails to file a fuel tax report or to pay any taxes, interest, 
penalties or audit assessment as required pursuant to Title 36, chapter 459 or any rule 
adopted pursuant to this section, the Secretary of State shall suspend the person's fuel tax 
license, all fuel decals issued to the person and that person's privilege to operate as a 
motor carrier.  The operation of a vehicle after suspension under this section is a traffic 
infraction.  A suspension or revocation issued by another jurisdiction pursuant to the 
International Fuel Tax Agreement is a suspension in this State.  In order to be reinstated, 
the person must file all delinquent tax returns and pay all assessments, interest and 
penalties.  In addition, the person must pay a $50 reinstatement fee pursuant to section 
2486, subsection 1. 
Sec. 15.  29-A MRSA §525, sub-§15 is enacted to read: 
15.  Pilot projects.  Notwithstanding any provision of this section, the Secretary of 
State, in consultation with the State Tax Assessor and the Commissioner of Public Safety, 
may participate in a pilot project relative to the distribution and display of International 
Fuel Tax Agreement credentials and may modify or waive requirements for the display of 
fuel decals for approved licensees. 
Sec. 16.  29-A MRSA §654, sub-§2, as amended by PL 2011, c. 356, §16, is 
further amended to read: 
2.  Purchased from the dealer.  If the application is for a vehicle purchased from a 
dealer, in addition to the requirement set forth in subsection 1, the application must be 
signed by the dealer and must contain the name and the address of any lienholder or 
assignee holding an interest created or reserved at the time of sale and the date of the lien.  
The dealer shall, within 30 days after the sale, deliver the application to the Secretary of 
State.  The dealer must deliver a copy of the application to the lienholder. 
Violation of this subsection is a traffic infraction for which a fine of not less than $100 
and not more than $500 may be adjudged for each infraction. 
A.  Violation of this subsection is a traffic infraction when the application is delivered 
to the Secretary of State more than 30 days but less than 90 days after the date of sale. 
B.  Violation of this subsection is a Class E crime when the application has not been 
delivered to the Secretary of State 90 days or more after the date of sale. 
Sec. 17.  29-A MRSA §664-A, sub-§1, as amended by PL 2009, c. 598, §29, is 
further amended to read: 
1.  Vehicle sold by dealer.  A vehicle that is offered for sale or sold by a dealer must 
be accompanied by a properly assigned and valid certificate of title or certificate of 
salvage at the time of its sale. A dealer may retain and process certificates of title and 
certificates of salvage at the dealer’s primary facility if in the case when the dealer 
displays a vehicle at an annex facility the dealer maintains a copy of the certificate of title 
or certificate of salvage at the annex facility. 
Sec. 18.  29-A MRSA §754, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
1.  Examination of identification numbers.  A State Police officer or a motor 
vehicle investigator detective may examine the vehicle identification numbers of a 
vehicle or vehicle part.  Failure to allow the examination is a Class E crime. 
Sec. 19.  29-A MRSA §901, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
4.  Surety bonds.  A dealer other than an equipment and light trailer dealer shall file 
with the Secretary of State and maintain a surety bond in the following amount, based on 
the prior year's sales: 
A.  For 0 to 50 sales, $5,000 $25,000; 
B.  For 51 to 100 sales, $10,000 $50,000; 
C.  For 101 to 150 sales, $15,000 $75,000; or 
D.  For 151 to 200 sales and over, $20,000; or $100,000. 
E.  For 201 sales and over, $25,000. 
Initial licensees shall file a bond based on projected sales. 
Persons beginning in the business as licensed vehicle dealers are subject to review after 
initial bonding depending on volume. 
All licensees must be reviewed annually by the Secretary of State to determine 
compliance with the correct amount of the bonds. 
Failure to maintain such a bond is grounds for immediate suspension of the dealer 
license. 
Any persons with a claim against the bond required by this subsection must file the claim 
within 3 years from the date of sale. 
Sec. 20.  29-A MRSA §1002, sub-§8, ¶B, as enacted by PL 2003, c. 652, Pt. B, 
§5 and affected by §8, is amended to read: 
B.  A dealer must obtain a written permit from the Secretary of State to operate a 
vehicle or combination of vehicles carrying a load. The permit must be issued in 
accordance with the following provisions. 
(1)  The operation of the vehicle or combination of vehicles and load must be in 
conjunction with the sale or purchase of a motor vehicle, vehicle or equipment by 
the dealer. 
(2)  The load must consist of a motor vehicle, trailer or equipment that the dealer 
is licensed to sell. 
(3)  The load may not consist of more than one automobile, truck or truck tractor 
at any time. 
(4)  The initial fee and renewal fee for a permit issued under this paragraph are 
$200 each. 
(5)  A permit expires one year 90 days from the date of issuance and may be 
renewed annually. 
(6)  A permit must contain the name and address of the licensed dealer, an 
effective date, an expiration date and any other information required by the 
Secretary of State. 
Sec. 21.  29-A MRSA §1301, sub-§6-A, as enacted by PL 2011, c. 149, §4, is 
amended to read: 
6-A.  Confidentiality.  Except as authorized under required by 18 United States 
Code, Section 2721(b), the Secretary of State may not disseminate information collected 
under subsection 6 to any entity without specific authorization from the Legislature. For 
every willful violation of this subsection, a person commits a civil violation for which a 
fine of not more than $500 may be adjudged. 
Sec. 22.  29-A MRSA §1303, sub-§2, ¶A, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
A.  An acceptable certificate signed by a doctor, optometrist, registered nurse or other 
person approved by the Secretary of State, setting forth the person's visual acuity in 
each eye, both eyes combined and field of vision.  The certificate must indicate that it 
is based on an examination completed within one year of the date of application; or 
Sec. 23.  29-A MRSA §1304, sub-§2, ¶C, as amended by PL 2005, c. 577, §19, 
is further amended to read: 
C.  An applicant for a motorcycle permit must complete a motorcycle driver rider 
education program course as required by section 1352. 
Sec. 24.  29-A MRSA §1304, sub-§2, ¶E, as amended by PL 2015, c. 473, §14, 
is further amended to read: 
E.  If the holder of a learner's permit fails to complete the driving test within 2 years 
from the date of issuance of a learner's permit the holder must retake the motorcycle 
driver rider education program course for a subsequent learner's permit to be issued. 
Sec. 25.  29-A MRSA §1352, as amended by PL 2015, c. 473, §§15 and 16, is 
further amended to read: 
§1352.  Motorcycle rider education 
1.  Motorcycle rider education required.  Notwithstanding any other provision of 
law, a motorcycle learner's permit, license or endorsement may not be issued to a person, 
unless that person presents a certificate of successful completion of a motorcycle driver 
rider education program course and examination approved by the Secretary of State. 
2.  Education course.  The following provisions apply to motorcycle driver rider 
education programs courses. 
A.  A motorcycle driver rider education program course must consist of classroom 
and hands-on instruction directly related to the actual operation of motorcycles, 
emphasizing safety measures designed to ensure greater awareness of careful and 
skillful operation of motorcycles. 
B.  The program course may be offered by a public secondary school, a private 
secondary school approved for attendance purposes by the Commissioner of 
Education, a career and technical education center or career and technical education 
region or adult education program conducted under Title 20-A, chapter 316. 
C.  A motorcycle program course offered independently of an approved driver 
education course may not be offered for credit toward a high school diploma. 
E.  The Secretary of State must approve a motorcycle driver rider education program 
course. 
3.  Instructors.  The following provisions apply to the certification licensing of 
instructors. 
A.  A person may not conduct a motorcycle driver rider education program course 
unless certified licensed by the Secretary of State as a qualified instructor. 
B.  The Secretary of State shall: 
(1)  Conduct, or authorize other qualified persons to conduct, certification 
instructor preparation courses; and 
(2)  Establish reasonable qualification standards and requirements for 
certification licensing.  The requirements must include a provision to demonstrate 
proficiency in operating a motorcycle. 
4.  Instructor availability.  When a certified licensed instructor is not available in a 
geographic area, the Secretary of State may assign a qualified instructor for the program 
course subject to the following provisions. 
A.  The requesting authority must ensure a minimum class size of 6 students. 
B.  The Secretary of State shall charge a program course fee comparable to other 
motorcycle driver rider education programs courses. 
C.  An instructor is not a "teacher" within the meaning of Title 5, section 17001, 
subsection 42 or Title 20-A. 
5.  Completion certificates.  An instructor shall issue a completion certificate to a 
student who has successfully completed the course. 
6.  Waiver of examination.  The Secretary of State may waive the required: 
A.  Written examination on receipt of a completion certificate; and 
B.  Road examination for the holder of a valid motor vehicle operator's license on 
receipt of a certificate demonstrating successful completion of a novice rider course 
approved by the Secretary of State.  An endorsement issued pursuant to this 
paragraph prohibits the holder from carrying a passenger for a period of 60 days 
following the date of issuance of the endorsement. 
7.  Suspension and revocation.  The Secretary of State may suspend, revoke or deny 
a certificate of completion or an instructor's certificate license for just cause in 
accordance with the Maine Administrative Procedure Act. 
Sec. 26.  29-A MRSA §1353, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
§1353.  Motorcycle rider education fees 
The annual fee for an instructor certification license is $100.  The annual fee for 
inspection of a motorcycle education classroom is $50.  The annual fee for inspection of a 
motorcycle driving range is $50. 
Sec. 27.  29-A MRSA §1401, sub-§2, as amended by PL 2003, c. 434, §19 and 
affected by §37, is further amended to read: 
2.  Photograph or digital image.  A license, except for a temporary license, must 
bear a full-face color photograph or digital image of the licensee.   The following are 
exempt from the photographic or digital image requirement: 
B.  A person in active military service stationed outside the State; and 
C.  Another person approved by the Secretary of State. 
Sec. 28.  29-A MRSA §1401, sub-§6, as repealed and replaced by PL 2011, c. 
149, §5, is amended to read: 
6.  Storage, recording, retention and distribution of digital images and digitized 
signatures.  Digital images and digitized signatures used to produce a license are 
confidential and may be distributed only for use by a law enforcement agency in carrying 
out its functions or as otherwise authorized under the provisions of 18 United States 
Code, Section 2721 by rule adopted pursuant to section 256.  The Secretary of State may 
store, record and retain digital images and digitized signatures used only for the purpose 
of producing a license.  A violation of this subsection is a violation of section 2103, 
subsection 4. 
Sec. 29.  29-A MRSA §1405, sub-§3, as repealed and replaced by PL 2015, c. 
206, §7, is amended to read: 
3.  Fee.  The fee for a duplicate registration certificate is $2. The fee for a duplicate 
learner’s permit, duplicate license or duplicate nondriver identification card is $5.  The 
fee for the expedited issuance of a duplicate license or nondriver identification card is an 
additional $10. The reason for the expedited issuance must be provided and the Secretary 
of State shall determine if expedited issuance is warranted. 
Sec. 30.  29-A MRSA §1406-A, sub-§2-A is enacted to read: 
2-A.  Expedited issuance of driver's license.  An applicant requesting the expedited 
issuance of a driver’s license under this section must pay an additional fee of $10 and 
provide the reason for the request. The Secretary of State shall determine if expedited 
issuance is warranted. 
Sec. 31.  29-A MRSA §1408, sub-§1, as amended by PL 2013, c. 381, Pt. B, §26, 
is further amended to read: 
1.  Immediate possession required.  A licensee, including a temporary licensee or 
holder of a learner's permit, must have the license in immediate possession when 
operating a motor vehicle.  Possession may be in electronic form.  For purposes of this 
section, "electronic form" means a digital representation of the information contained in a 
physical license or permit on a portable electronic device. 
Sec. 32.  29-A MRSA §1408, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
2.  Display.  On demand of a law enforcement officer, the licensee must produce the 
license or an electronic version of the license for inspection.  The use of a portable 
electronic device to provide license information does not constitute consent for a law 
enforcement officer to access other contents of the portable electronic device. 
Sec. 33.  29-A MRSA §2054, sub-§1, ¶B, as amended by PL 2011, c. 657, Pt. W, 
§5 and repealed and replaced by c. 691, Pt. A, §30, is further amended to read: 
B.  "Authorized emergency vehicle" means any one of the following vehicles: 
(1)  An ambulance; 
(2)  A Baxter State Park Authority vehicle operated by a Baxter State Park 
ranger; 
(3)  A Bureau of Marine Patrol vehicle operated by a coastal warden; 
(4)  A Department of Agriculture, Conservation and Forestry vehicle operated by 
a forest ranger; 
(5)  A Department of Agriculture, Conservation and Forestry vehicle used for 
forest fire control; 
(6)  A Department of Corrections vehicle used for responding to the escape of or 
performing the high-security transfer of a prisoner, juvenile client or juvenile 
detainee; 
(7)  A Department of Inland Fisheries and Wildlife vehicle operated by a warden; 
(8)  A Department of Public Safety vehicle operated by a police officer appointed 
pursuant to Title 25, section 2908, a state fire investigator or a Maine Drug 
Enforcement Agency officer; 
(9)  An emergency medical service vehicle; 
(10)  A fire department vehicle; 
(11)  A hazardous material response vehicle, including a vehicle designed to 
respond to a weapon of mass destruction; 
(12)  A railroad police vehicle; 
(13)  A sheriff's department vehicle; 
(14)  A State Police or municipal police department vehicle; 
(15)  A vehicle operated by a chief of police, a sheriff or a deputy sheriff when 
authorized by the sheriff; 
(16)  A vehicle operated by a municipal fire inspector, a municipal fire chief, an 
assistant or deputy chief or a town forest fire warden; 
(17)  A vehicle operated by a qualified deputy sheriff or other qualified 
individual to perform court security-related functions and services as authorized 
by the State Court Administrator pursuant to Title 4, section 17, subsection 15; 
(18)  A Federal Government vehicle operated by a federal law enforcement 
officer;  
(19)  A vehicle operated by a municipal rescue chief, deputy chief or assistant 
chief; 
(20)  An Office of the Attorney General vehicle operated by a detective 
appointed pursuant to Title 5, section 202; 
(21)  A Department of the Secretary of State vehicle operated by a motor vehicle 
investigator detective; and 
(22)  A University of Maine System vehicle operated by a University of Maine 
System police officer. 
Sec. 34.  29-A MRSA §2303, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed. 
Sec. 35.  29-A MRSA §2390, sub-§1, ¶K is enacted to read: 
K.  A tow-away transporter combination may be operated with an overall length not 
exceeding 82 feet on the interstate highway system and those qualifying federal aid 
primary system highways designated by the Secretary of the United States 
Department of Transportation pursuant to the federal Fixing America's Surface 
Transportation Act, Public Law 114-94, Section 5523 (2016). 
Sec. 36.  29-A MRSA §2451, sub-§3, as repealed and replaced by PL 2015, c. 
329, Pt. A, §17, is amended to read: 
3.  Suspension period.  Unless a longer period of suspension is otherwise provided 
by law and imposed by the court, the Secretary of State shall suspend the license of a 
person convicted of OUI for the following minimum periods: 
A.  One hundred fifty days, if the person has one OUI conviction within a 10-year 
period; 
B.  Three years, if the person has 2 OUI offenses within a 10-year period; 
C.  Six years, if the person has 3 OUI offenses within a 10-year period; or 
E.  Eight years, if the person has 4 or more OUI offenses within a 10-year period.; or 
F.  Ten years, if the person has a prior conviction for a Class B or Class C OUI 
offense pursuant to section 2411, subsection 1-A, paragraph D, subparagraph (2). 
For the purposes of this subsection, a conviction or suspension has occurred within a 10-
year period if the date of the new conduct is within 10 years of a date of suspension or 
imposition of sentence.  The 10-year limitation does not apply to a prior conviction for a 
Class B or Class C OUI offense; the conviction may have occurred at any time. 
Sec. 37.  29-A MRSA §2472, sub-§2-B, as amended by PL 2013, c. 496, §16, is 
further amended to read: 
2-B.  Reexamination.  The holder of a juvenile provisional license convicted of an 
offense listed in section 2551-A, subsection 1, paragraph A, as limited by section 2551-A, 
subsection 3, must successfully complete an examination pursuant to section 1301, 
subsection 4 as prescribed by the Secretary of State within 90 days after that license is 
restored.  Failure to successfully complete the examination results in a subsequent 
suspension. 
SUMMARY 
This bill makes the following changes to the motor vehicle laws: 
1.  It allows a municipal official or other persons designated by the municipality to 
receive and process applications for noncommercial driver's license renewals and 
duplicates and nondriver identification card renewals and duplicates through the 
municipality; 
2.  It allows the Secretary of State to carry out procedures established in rules for the 
disclosure of personal information contained in motor vehicle records in accordance with 
state and federal law;  
3.  It clarifies that the Secretary of State may authorize the display of the International 
Fuel Tax Agreement cab card in electronic format and reduces most violations of the 
International Fuel Tax Agreement laws from a Class E crime to a traffic infraction.  It 
also makes clear that a suspension issued by another International Fuel Tax Agreement 
jurisdiction is a suspension in Maine.  It further authorizes the Secretary of State to 
participate in any pilot project related to International Fuel Tax Agreement licenses and 
decals; 
4.  It changes the violation provisions for when a dealer fails to file a title application 
with the Secretary of State within 30 days from a traffic infraction and fine for any 
violation to a traffic infraction for applications filed more than 30 days to less than 90 
days after the sale and a Class E crime for applications not filed 90 days or more after the 
sale.  It also requires that vehicles offered for sale by a dealer must be accompanied by a 
valid certificate of title and raises the amounts of the surety bond on projected dealer 
sales; 
5.  It reduces the term for a permit to carry a load for vehicles weighing more than 
10,000 pounds while displaying a dealer plate to 90 days from one year;  
6.  It prohibits disclosure of social security numbers in motor vehicle records except 
as required by federal law; 
7.  It modernizes language and provides consistency between statute and the rules 
governing motorcycle rider education requirements.  It allows a person without a driver's 
license to complete the mandatory basic rider education course and be issued a Maine 
license restricted to the operation of a motorcycle without a road examination.  It also 
modifies the statutory language regarding fees associated with the motorcycle rider 
education program to be consistent with other references to rider education; 
8.  It removes the requirement that a driver's license bear a color photograph of the 
licensee and allows the Secretary of State to adopt rules to determine the authorized 
distribution of digital images and digitized signatures.  It allows a person to have and 
present a mobile driver's license in electronic form if one is made available.  It also 
creates an additional fee for expediting the issuance of driver's licenses and nondriver 
identification cards and duplicates; 
9.  It streamlines the requirement in the licensing of new school bus operators by 
allowing certain Department of Education training requirements to be completed after 
hiring; 
10.  It clarifies and makes consistent the Secretary of State's administrative driver's 
license suspension authority with court-ordered suspension authority; and  
11.  It allows the Secretary of State to administer only the road test in conjunction 
with the reexamination process for a suspended juvenile provisional license and removes 
the requirement to provide a written examination to fulfill the restoration requirements. 
12.  It amends the law to conform to current testing practices for visual acuity. 
13.  It changes the position name of motor vehicle investigator to motor vehicle 
detective to be consistent with the position name change negotiated in the Maine State 
Employees Association contract. 
14.  It defines "tow-away transporter combination" as a truck or truck tractor towing 
trailers or semitrailers when the trailers or semitrailers are the property being 
transported by a manufacturer, distributor or dealer and establishes a maximum total 
vehicle length for the configuration of 82 feet.  This change is required pursuant to the 
federal Fixing America's Surface Transportation Act.