An Act To Amend the Motorcycle Rider Education and Driver Education Laws
Maine Legislature, Session 129, LD 1782
Committee: Transportation
Sponsors: WHITE, DIAMOND, AUSTIN, BRADSTREET, BRYANT, COLLINGS, FECTEAU, MARTIN, PERKINS, SHEATS
Amends: 29-A MRSA §1352, 29-A MRSA §1354

Legislative Document
No. 1782
H.P. 1267
House of Representatives, May 28, 2019
An Act To Amend the Motorcycle Rider Education and Driver 
Education 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 WHITE of Waterville.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: AUSTIN of Skowhegan, BRADSTREET of Vassalboro, BRYANT of 
Windham, COLLINGS of Portland, FECTEAU of Biddeford, MARTIN of Greene, PERKINS 
of Oakland, SHEATS of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §1352, sub-§2, ¶¶F to H are enacted to read:
F.  A person who successfully completes a motorcycle rider education course 
approved by the Secretary of State on a 2-wheel motorcycle may be licensed to 
operate a 2-wheel or 3-wheel motorcycle.
G.  A person who successfully completes a motorcycle rider education course 
approved by the Secretary of State on a 3-wheel motorcycle is restricted to the 
operation of a 3-wheel motorcycle.
H.  A person who holds a motorcycle learner's permit and who successfully 
completes the motorcycle road test administered by the Secretary of State on a 3-
wheel motorcycle is restricted to the operation of a 3-wheel motorcycle.
Sec. 2.  29-A MRSA §1352, sub-§§2-A and 2-B are enacted to read:
2-A.  Motorcycle rider education schools.  A person may not conduct a motorcycle 
rider education course unless the person is licensed as a motorcycle rider education 
school and employs instructors licensed by the Secretary of State.
A.  A person applying for a motorcycle rider education school license shall:
(1)  Provide a classroom, including a motorcycle riding range, in a permanent or 
temporary location approved by the Secretary of State;
(2)  Display a business sign at the licensed place of business;
(3)  Provide confirmation of liability insurance coverage for motorcycle riders 
operating on the motorcycle rider education school's motorcycle riding range; and
(4)  Obtain a surety bond in the amount of $10,000.
B.  A licensed motorcycle rider education school shall:
(1)  Ensure that each instructor employed by the school holds a valid motorcycle 
rider education instructor license;
(2)  Ensure that each motorcycle owned, rented, leased or borrowed and used for 
any hands-on training course at the motorcycle rider education school is 
approved by the Secretary of State;
(3)  Submit and retain copies of course forms provided by the Secretary of State.  
All records must be retained by the school for 5 years; and
(4)  Immediately advise the Secretary of State, in writing, whenever the location 
or mailing address of the school changes.
C.  The Secretary of State shall upon an initial or renewal application and may at any 
other reasonable time conduct an on-site inspection of a motorcycle rider education 
school's records, facilities and equipment to determine compliance with this 
subsection.
2-B.  Penalty.  Operating a motorcycle rider education school without a license is a 
Class E crime.  A violation of subsection 2-A, paragraph A or B is a traffic infraction.
Sec. 3.  29-A MRSA §1352, sub-§3, as amended by PL 2017, c. 229, §23, is 
further amended to read:
3.  Instructors.  The following provisions apply to the licensing of instructors.
A.  A person may not conduct a motorcycle rider education course unless the person 
files an application with the Secretary of State and is 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, instructor 
preparation courses; and
(2)  Establish reasonable qualification standards and requirements for licensing.  
The requirements must include a provision to demonstrate proficiency in 
operating a motorcycle.
D.  The Secretary of State may, at any reasonable time, monitor and evaluate an 
instructor's performance to determine compliance with this section.
E.  The instructor shall immediately advise the Secretary of State, in writing, 
whenever the instructor's mailing address or name changes.
Sec. 4.  29-A MRSA §1352, sub-§3-A is enacted to read:
3-A.  Penalty.  Providing motorcycle rider education instruction without a license is a 
Class E crime.
Sec. 5.  29-A MRSA §1352, sub-§7, as amended by PL 2017, c. 229, §23, is 
further amended to read:
7.  Suspension and revocation of license; hearings.  The Secretary of State may 
suspend, revoke or refuse to issue or renew a motorcycle rider education school or 
instructor license, or deny a certificate of completion or an instructor's license, for just 
cause or for noncompliance with statutory and regulatory requirements in accordance 
with the Maine Administrative Procedure Act.  A person refused a license, or denied a 
certificate of completion, 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 3, article 3.
Sec. 6.  29-A MRSA §1354, sub-§6, ¶A, as amended by PL 2011, c. 556, §16, 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 2 
instructors licensed in the curriculum and training being reviewed.  The Technical 
Review Panel shall assist the Secretary of State in developing curriculum and 
instructor training and certification.
Sec. 7.  29-A MRSA §1354, sub-§7, as amended by PL 2011, c. 556, §19, is 
further amended to read:
7.  Penalties.  A person who conducts driver education, operates a driver education 
school or acts as 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.
SUMMARY
This bill amends the motorcycle rider education laws to clarify that a person who 
completes a motorcycle rider education course approved by the Secretary of State on a 2-
wheel motorcycle may operate a 2-wheel or 3-wheel motorcycle and that a person who 
completes a motorcycle rider education course approved by the Secretary of State on a 3-
wheel motorcycle may only operate a 3-wheel motorcycle.  A person who holds a 
motorcycle learner's permit and who completes a motorcycle road test administered by 
the Secretary of State on a 3-wheel motorcycle is also restricted to the operation of a 3-
wheel motorcycle.  The bill requires motorcycle rider education schools to be licensed, 
submit to inspections and establish a place of business.
The bill also amends the driver education program laws to require that the 2 
instructors who serve on the Secretary of State's Technical Review Panel be licensed in 
the curriculum and training being reviewed.  The bill removes the authorization for the 
State to bring an action in Superior Court to enjoin a person from violating the driver 
education laws, as the penalties under those laws are administered by the District Courts.