reglab/statecodes huggingface dataset:
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-2 - Definitions

Current through 2024-29, July 17, 2024
For the purpose of these rules the following definitions
					 apply:
A. Commissioner of Health and
				  Human Services means the Commissioner of Health and Human Services, a designee
				  or an authorized representative.
B.
				  Compliance with an order of support has the same meaning as found in §
				  2101, subsection 2 of Title 19-A,
Maine Revised Statutes
				  Annotated
.
C. Order of
				  support has the same meaning as found in § 2101, subsection 13 of Title
				  19-A, and § 2459- A, subsection 1C of Title 29-A
Maine Revised
				  Statutes Annotated
.
D.
				  Driver's license has the same meaning as license as defined in §
										101(31) of Title
				  29-A,
Maine Revised Statutes Annotated
.
E. Secretary of State means the Secretary of
				  State, a designee or an authorized representative.
F. Penobscot Nation means the Penobscot
				  Nation Tribal Court, a designee or an authorized
				  representative.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-3 - Compliance with child support orders

Current through 2024-29, July 17, 2024
The privilege of an individual to possess or apply for a
					 driver's license or permit is conditioned on compliance with child support
					 orders.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-4 - Certification of noncompliance with child support orders

Current through 2024-29, July 17, 2024
The Secretary of State shall suspend the driver's license,
					 permit or privilege to apply for such a license or permit of any individual
					 whom the Commissioner of Health and Human Services or the Penobscot Nation
					 certifies, in writing, is not in compliance with child support orders. An
					 individual whose driver's license or permit is suspended may file a petition
					 for review with the Superior Court within 30 days from receipt of the notice of
					 driver's license or permit suspension to challenge the
					 action.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-5 - License or permit reinstatement

Current through 2024-29, July 17, 2024
Unless the driver's license or permit suspension is
					 rescinded by a court, the Secretary of State may terminate the suspension upon
					 receipt of a written release from the Commissioner of Health and Human Services
					 or the Penobscot Nation stating that the individual is in compliance with child
					 support orders; the individual's license or permit is not suspended for any
					 other reason; and the individual pays any applicable reinstatement fees to the
					 Secretary of State.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 7 - RULES FOR THE SUSPENSION OF LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS › Section 250-7-6 - Temporary Driver's License

Current through 2024-29, July 17, 2024
A.
Conditional release
. The Secretary of State may issue a temporary
				  driver's license with or without restrictions, which may not exceed 120 days,
				  to an individual whose driver's license is suspended upon receipt of a
				  conditional release from the Commissioner of Health and Human Services or the
				  Penobscot Nation.
B.
Relevant
				  Information
. In deciding whether to issue a temporary driver's license
				  the Secretary of State may consider relevant factors, including but not limited
				  to: the hardship resulting from the driver's license suspension, the existence
				  of alternative means of transportation, the needs of the individual, the past
				  driving record of the individual and public safety. Application for a temporary
				  driver's license must be made on a form provided or approved by the Secretary
				  of State.
C.
Hearing
.
				  If a temporary driver's license is not granted, the individual may make a
				  written request for an administrative hearing before the Secretary of State to
				  show cause why a temporary license should be issued.
There will be no fiscal impact to municipalities as the
					 result of the adoption of this rule.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this rule is to implement the provisions of
					  29-A
					 MRSA§2508 which authorizes the Secretary
					 of State to reinstate the driver's license of a person convicted of an OUI
					 offense prior to the expiration of the total period of suspension if the person
					 satisfies all other restoration requirements and installs an ignition interlock
					 device approved by the Secretary of State in the motor vehicle the person
					 operates. The rule establishes testing, certification and installation
					 requirements for ignition interlock devices and sets out conditions for the
					 early restoration of driver's licenses for persons convicted of an OUI
					 offense.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of these rules, the following definitions
					 apply:
1.
Alcohol
				  setpoint
means the minimum alcohol concentration at which an ignition
				  interlock device is set to lock a motor vehicle's ignition. That level is .025%
				  BAC in Maine.
2.
Certified
				  laboratory
means a laboratory certified by the Department of Health,
				  Department of Human Services, or Department of Health and Human Services of any
				  state, which is properly equipped and staffed to conduct laboratory tests of
				  ignition interlock devices to ensure the devices meet National Highway Traffic
				  Safety Administration guidelines.
3.
Health and Environmental Testing
				  Laboratory
means the Health and Environmental Testing Laboratory of the
				  State of Maine, Department of Health and Human Services.
4.
Ignition Interlock Device
means ignition interlock device as defined by
				  29-A MRSA
				  §2401(5-A).
5.
Installer
means an
				  individual, business or other entity identified by a manufacturer of an
				  approved ignition interlock device as the manufacturer's official
				  representative for the installation, maintenance, monitoring and repair of the
				  devices, and includes agents and employees of the manufacturer.
6.
License
means license as
				  defined by
				  29-A MRSA
				  §101(31).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-3 - Certification of manufacturers of ignition interlock devices

Current through 2024-29, July 17, 2024
1.
Certification required
. No
				  ignition interlock device may be leased, sold, installed or used as part of the
				  program outlined in
				  29-A
				  MRSA§2508 unless the model or type of
				  device has been approved by the Secretary of State in accordance with the
				  provisions of this rule.
2.
Application for certification
A.
General
. A manufacturer may apply for certification of a device by
				  submitting an application to the Secretary of State as set out below. A
				  separate application is required for each model or type of device for which
				  approval is sought. A manufacturer must certify that the device:
(1) Does not impede the safe operation of a
				  vehicle;
(2) Minimizes
				  opportunities to bypass;
(3)
				  Performs accurately and reliably under all normally anticipated
				  circumstances;
(4) Satisfies the
				  requirements for certification set forth in this rule, and;
(5) Prevents a person from starting a vehicle
				  when the person has a prohibited alcohol concentration.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-5 - Installers of ignition interlock devices

Current through 2024-29, July 17, 2024
1.
Manufacturer responsibilities
A.
				  A manufacturer must provide the following information to the Secretary of
				  State:
(1) a copy of the standard agreement
				  between the manufacturer and installer,
(2) a copy of the standard agreement between
				  the installer/manufacturer and the driver of the vehicle in which the device is
				  installed,
(3) the toll free
				  telephone number which the manufacturer provides the public to contact
				  authorized installers, and
(4) the
				  fee schedule listing the costs assessed to a driver for installation of the
				  device, monthly leasing of the device, scheduled service visit, violations
				  service visit, and removal of the device.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-6 - Installation, monitoring, servicing and removal of ignition interlock devices

Current through 2024-29, July 17, 2024
1.
Installation
A.
Timeliness
. A device must be
				  installed within 14 days of the request from a person approved by the Bureau of
				  Motor vehicles for installation of a device. An installer must provide proof of
				  installation, including the information required in Section 7B, to the Bureau
				  of Motor Vehicles electronically within 24 hours of the installation.
B.
Security
. Only installers,
				  manufacturers and representatives of the Bureau of Motor Vehicles may observe
				  the installation and removal of devices. Reasonable security measures must be
				  taken to prevent access by unauthorized persons to devices, and the written
				  materials and hardware and software associated with the devices.
C.
Examination of vehicle
. An
				  installer shall examine each vehicle before installing the device. The
				  examination must include screening procedures to ensure the vehicle in which
				  the device is to be installed is in a mechanical and electrical condition that
				  will allow the device to meet the specifications contained in these rules.
				  Conditions that the manufacturer has determined would prevent the device from
				  meeting the specifications must be repaired before the device is installed. The
				  person seeking installation is responsible for the costs of any repairs to the
				  vehicle.
D.
Functional
				  test
. After a device is installed, the vehicle and device must be
				  inspected to ensure that the installation was performed properly, the device is
				  working as required and the device does not interfere with the normal operation
				  of the vehicle.
E.
Certificate of installation
. An installer must provide a
				  certificate of installation to the person. The certificate must include the
				  information required by Section 7B. The person may present a copy of this
				  certificate to the Bureau of Motor Vehicles when applying for a license
				  pursuant to
				  29-A MRSA
				  Section2508.
F.
Warning label
. A warning
				  label, approved by the Bureau of Motor Vehicles, must be affixed to installed
				  devices. The warning label must contain the following information: "WARNING"- A
				  person removing, tampering with, disconnecting or otherwise circumventing this
				  device may be subject to criminal and civil penalties.
				  29-A MRSA Section
				  2508.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-7 - Reports and records

Current through 2024-29, July 17, 2024
1.
Violations
				  reports
A.
Duty to
				  report
. A manufacturer or installer must electronically notify the
				  Bureau of Motor Vehicles within 24 hours of discovering reliable information
				  showing:
(1) evidence of circumventing,
				  removing, or tampering with a device;
(2) a registered BAC during a rolling
				  retest;
(3) a failure to submit to
				  a retest that results in a permanent lock out condition; or
(4) a missed service visit.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-8 - Audit and inspection of records and facilities

Current through 2024-29, July 17, 2024
The Bureau of Motor Vehicles may audit and inspect the
					 facilities and records of a manufacturer and installer to verify compliance
					 with the requirements of this rule. Manufacturers and installers must make
					 facilities and records available to the Bureau of Motor
					 Vehicles.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-9 - Driver eligibility requirements for installation of interlock devices

Current through 2024-29, July 17, 2024
1.
Petition for early license
				  reinstatement
. A person convicted of an OUI offense pursuant to
				  29-A MRSA §2411
				  and a person whose driver's license was suspended in accordance with
				  29-A
				  MRSA §2453 may petition the Secretary of
				  State for license reinstatement prior to the expiration of the total period of
				  suspension, if the person:
A. Satisfies all
				  other conditions for license reinstatement;
B. Satisfies the Secretary of State's driver
				  eligibility criteria; and
C.
				  Installs an ignition interlock device approved by the Secretary of State in the
				  vehicle the person operates.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 8 - RULES FOR IGNITION INTERLOCK DEVICES › Section 250-8-10 - Right to hearing

Current through 2024-29, July 17, 2024
1.
Denial of
				  petition for early reinstatement
. A person whose request for early
				  license reinstatement pursuant to
				  29-A MRSA
				  §2508 is denied may request an
				  administrative hearing before the Secretary of State. The hearing will be held
				  pursuant to
				  29-A MRSA
				  §111 and
				  2483 and Chapter
				  2 of the Rules of the Secretary of State. The issue at hearing is whether, by a
				  preponderance of the evidence, the person can show cause why the decision of
				  the Secretary of State should not be upheld.
2.
Violations
. Except for a
				  person who has been convicted or adjudicated of an offense described in
				  29-A MRSA §2508(2)
				  or (3), a person whose license is suspended
				  for a violation listed in Section
				  9(7) may request an
				  administrative hearing before the Secretary of State. The hearing will be held
				  pursuant to
				  29-A MRSA
				  §111 and Chapter 2 of the Rules of the
				  Secretary of State. The issue at the hearing is whether, by a preponderance of
				  the evidence, the person committed a violation listed in Section
				  9(7).
There will be no fiscal impact to municipalities resulting
					 from the adoption of these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-1 - Purpose

Current through 2024-29, July 17, 2024
The primary purposes of these rules are to:
(1) establish the minimum qualifications,
				  licensing standards, and procedures for the licensure of driver education
				  schools and instructors, and
(2)
				  implement a standardized driver education curriculum based on best
				  practices.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-3 - Application and Expiration for Driver Education Licenses

Current through 2024-29, July 17, 2024
1.
Forms
. The Secretary of State
				  shall provide forms and general information to persons to apply for the
				  issuance of driver education licenses.
2.
License
. The Secretary of
				  State may issue a driver education license, with endorsements, to persons who
				  meet applicable licensing standards and qualifications upon payment of the
				  required fees. Driver education licenses are not transferable.
3.
Expiration of driver education
				  licenses
A. A driver education school
				  license expires one year from the date of issuance. The Secretary of State may
				  issue one temporary driver education school license for a period not to exceed
				  60 days.
B. A driver education
				  instructor license expires two years from the date of issuance. The Secretary
				  of State may issue one temporary driver education instructor license to an
				  applicant for a period not to exceed 60 days. A person whose driver education
				  instructor license has expired for more than five years must meet all the
				  requirements for an initial applicant for a driver education instructor
				  license.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-4 - Driver Education Instructor Licensing Requirements

Current through 2024-29, July 17, 2024
1.
Types of driver education
				  instructor licenses
A.
Class A
				  driver education instructor license
. A Class A license authorizes the
				  person to teach both the classroom and behind-the-wheel phases of driver
				  education, and, when authorized by the Secretary of State, to provide digital
				  instruction.
B.
Class B
				  driver education instructor license
. A Class B license authorizes the
				  person to teach only the behind-the-wheel phase of driver education.
C.
Class A commercial vehicle
				  endorsement
. A Class A endorsement authorizes the person to teach both
				  the classroom and behind-the-wheel phases of commercial motor vehicle driver
				  education, and, when authorized by the Secretary of State, to provide digital
				  instruction.
D.
Class B
				  commercial vehicle endorsement
. A Class B endorsement authorizes the
				  person to teach only the behind-the-wheel phase of commercial motor vehicle
				  driver education.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-5 - Driver Education School Licensing Requirements

Current through 2024-29, July 17, 2024
1.
License requirements
. Any
				  person who conducts driver education, operates a driver education school, acts
				  as a driver education instructor or represents oneself as providing the same
				  must be licensed by the Secretary of State. Except as provided by these rules,
				  a license is required for each location where driver education is
				  provided.
2.
Types of driver
				  education school licenses
A.
Class A driver education school license
. A Class A school license
				  authorizes a person to provide both the classroom and behind-the-wheel phases
				  of driver education and to employ Class A and Class B driver education
				  instructors. A Class A driver education school license may authorize the school
				  to provide digital instruction.
B.
Class B driver education school license
. A Class B school license
				  authorizes a person to provide only behind-the-wheel instruction of driver
				  education to a person who holds a valid learner's permit, temporary license, or
				  driver's license and to employ Class A and Class B driver education
				  instructors.
C.
Commercial
				  motor vehicle driver education school license
. A commercial vehicle
				  driver education school license authorizes a person to provide commercial motor
				  vehicle driver education as follows.
(1)
Class A commercial motor vehicle driver education school license
.
				  A Class A license authorizes a person to provide the classroom and
				  behind-the-wheel phases of commercial motor vehicle driver education and to
				  employ Class A and Class B driver education instructors with commercial vehicle
				  endorsements.
(2)
Class B
				  commercial motor vehicle driver education school license
. A Class B
				  license authorizes a person to provide only the behind-the-wheel instruction of
				  commercial motor vehicle driver education to a person who holds a valid
				  learner's permit, temporary license or driver's license and to employ Class A
				  and Class B driver education instructors with commercial vehicle
				  endorsements.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-6 - Driver Education School Curriculum

Current through 2024-29, July 17, 2024
All driver education schools must adhere to the
					 standardized curricula established by these rules.
1.
Class A driver education school
				  curriculum
. A Class A driver education school providing a driver
				  education course must follow the driver education curriculum approved by the
				  Secretary of State. The textbook and other materials necessary to deliver the
				  curriculum must be available for each student and may not be more than one
				  edition older than the most recent edition or version. The Secretary of State
				  may authorize the use of older editions if the changes to the most recent
				  edition are in significant. This curriculum requires 30 hours of classroom and
				  ten hours of behind-the-wheel training. The curriculum is divided into three
				  sections and provides a learning sequence which begins with the presentation of
				  basic driver education concepts leading to the more difficult and complex
				  concepts. A driver education instructor may not provide the instruction
				  required by this curriculum until the person has completed training, approved
				  by the Secretary of State, to deliver the curriculum.
A.
Pre-driving instruction
. The
				  following classroom instruction must be provided to the student before the
				  student operates a motor vehicle.
(1) The
				  Highway Transportation System & Risk Management
(2) Observation techniques
(3) Understanding Regulatory & Warning
				  Signs
(4) Guide &
				  International Signs
(5)
				  Understanding the Purpose of Pavement Markings
(6) Traffic Control Signals
(7) Right-of-Way Rules
(8) Speed Limits Help in Reducing Risk
(9) Comfort & Control Systems
				  & Risk Management
(10) The
				  Visibility & Protective Systems of Your Car
(11) Information & Communication Systems
(12) Checks & Procedures to
				  Use Before Driving
(13) Basic
				  Operating Procedures: Automatic Transmission
(14) Basic Operating Procedures: Manual
				  Transmission
(15) Acceleration,
				  Deceleration & Speed
(16)
				  Learning How to Steer the Car
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-7 - Monitoring and Inspection by Secretary of State

Current through 2024-29, July 17, 2024
The Secretary of State shall monitor, with or without
					 notice, classroom and behind-the-wheel instruction for compliance with
					 statutory and regulatory requirements. A driver education school and driver
					 education instructor must allow the Secretary of State access to facilities,
					 vehicles and records necessary to monitor and inspect classroom and
					 behind-the-wheel instruction.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-8 - Prohibited conduct

Current through 2024-29, July 17, 2024
A person may not engage in the following conduct or
					 activities.
1.
Driver
				  education
. A person may not conduct driver education, operate a driver
				  education school, act as a driver education instructor or represent oneself as
				  providing the same without being licensed by the Secretary of State.
2.
Solicitation and advertising
.
				  A driver education school, including employees and agents, and a driver
				  education instructor may not:
A. solicit or
				  advertise business at a location where the Secretary of State conducts driver
				  tests;
B. advertise, imply or
				  otherwise represent oneself to be an employee or agent of the Secretary of
				  State;
C. advertise, imply or
				  otherwise represent or insinuate that the issuance of a driver's license is
				  guaranteed or assured;
D. make any
				  false, misleading or deceitful claims, statements or representations in any
				  advertisement or solicitation; or
E. advertise or solicit business for a new
				  unlicensed school or location.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-9 - Complaints

Current through 2024-29, July 17, 2024
All complaints regarding a driver education school or
					 instructor must be signed by the complainant and submitted to the Secretary of
					 State in writing. The Secretary of State shall acknowledge receipt of the
					 complaint and notify the complainant of the final action taken. The Secretary
					 of State shall advise the person against whom a complaint has been registered
					 of the nature of the claim. The Secretary of State may investigate complaints
					 as deemed appropriate.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 9 - RULES GOVERNING DRIVER EDUCATION › Section 250-9-10 - Suspension and revocation of licenses

Current through 2024-29, July 17, 2024
The Secretary of State may suspend, revoke or refuse to
					 issue or renew a driver education school or instructor license for
					 noncompliance with statutory and regulatory requirements. A person refused a
					 license or whose license is suspended or revoked may request a hearing with the
					 Secretary of State. Administrative hearings are conducted in accordance with
					 29-A M.R.S.A, Chapter 23, Subchapter III, Article 3.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this rule is to implement the federal
					 Driver's Privacy Protection Act of 1994 (Title 18 U.S.C. Chapter 123), as
					 amended, relating to the disclosure of personal information contained in motor
					 vehicle records.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-2 - Definitions

Current through 2024-29, July 17, 2024
For the purpose of these rules the following definitions
					 apply:
1. Bureau means the State of
				  Maine, Department of the Secretary of State, Bureau of Motor
				  Vehicles.
2. Disclose means to
				  engage in any practice or conduct to make available and make known personal
				  information contained in a motor vehicle record about an individual to any
				  other person, organization or entity, by any means of communication.
3. Motor vehicle record means any record that
				  pertains to a motor vehicle operator's or driver's license or permit, motor
				  vehicle registration, motor vehicle title, or identification card issued by the
				  Bureau.
4. Person means an
				  individual, organization or entity, but does not include this state or an
				  agency thereof.
5. Personal
				  information means information that identifies an individual, including an
				  individual's photograph or digital image, social security number, driver
				  identification number, name, address (but not the 5-digit zip code), telephone
				  number, and medical or disability information, but does not include information
				  on vehicular accidents, driving violations, and driver's license or
				  registration status.
6. Sensitive
				  personal information means an individual's photograph, social security number,
				  and medical and disability information from a motor vehicle record, but does
				  not include information on vehicular accidents, driving violations and driver's
				  licnese or registration status.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-3 - Prohibition on disclosure of personal information from motor vehicle records

Current through 2024-29, July 17, 2024
Except as provided in Sections 4-7, the Bureau and any
					 officer, employee, agent or contractor thereof shall not knowingly disclose or
					 otherwise make available to any person personal information about any
					 individual obtained by the Bureau in connection with a motor vehicle
					 record.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-4 - Mandatory disclosures

Current through 2024-29, July 17, 2024
Personal information must be disclosed for use in
					 connection with matters of motor vehicle or driver safety and theft, motor
					 vehicle emissions, motor vehicle product alterations, recalls, or advisories,
					 performance monitoring of motor vehicles and dealers by motor vehicle
					 manufacturers, and removal of nonowner records from the original owner records
					 of motor vehicle manufacturers to carry out the purposes of the Federal
					 Automobile Information Disclosure Act,
					 15
					 U.S.C. 1231
et seq
., the
					 Motor Vehicle Information Cost Saving Act,
					 15
					 U.S.C. 1901
et seq
., the
					 National Traffic and Motor Vehicle Safety Act of 1966,
					 15
					 U.S.C. 1381
et seq
., the
					 Anti-Car Theft Act of 1992, 15 U.S.C. 2021
et seq
., and the
					 Clear Air Act,
					 42 U.S.C.
					 7401
et seq
., as
					 amended.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-5 - Disclosure with written consent

Current through 2024-29, July 17, 2024
Personal information may be disclosed to any person, if the
					 person demonstrates, in such form and manner as the Bureau prescribes, that the
					 person has obtained the written consent of the individual to whom the
					 information pertains. Disclosure of personal information will be denied by the
					 Bureau unless written consent was provided to the person requesting the
					 information within the last 12 months.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-6 - Disclosure by choice

Current through 2024-29, July 17, 2024
Federal law allows the disclosure of personal information
					 to any person or organization, including sales and marketing organizations. An
					 individual may authorize the Bureau to disclose this information by completing
					 a separate form prescribed by the Bureau.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-7 - Authorized disclosures

Current through 2024-29, July 17, 2024
Unless prohibited by statute, personal information will be
					 disclosed as follows:
1. Personal and
				  sensitive personal information will be disclosed as follows:
A. For use by any government agency,
				  including any court or law enforcement agency, in carrying out its functions,
				  or any private person acting on behalf of a government agency in carrying out
				  its functions.
B. For use in
				  connection with any civil, criminal, administrative, or arbitral proceeding in
				  any court or government agency or before any self-regulatory body, including
				  the service of process, investigation in anticipation of litigation, and the
				  execution or enforcement of judgments and orders, or pursuant to an order of
				  any court.
C. For use by any
				  insurer or insurance support organization, or by a self-insured entity, or its
				  agents, employees, or contractors in connection with claims investigation
				  activities, anti-fraud activities, rating or underwriting.
D. For use by an employer or its agent or
				  insurer to obtain or verify information relating to a holder of a commercial
				  driver's license that is required under the Commercial Motor Vehicle Safety Act
				  of 1986 (49 U.S.C. App. 2710
et seq
.).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-8 - Resale or redisclosure of personal information

Current through 2024-29, July 17, 2024
1. Unlimited Resale and Redisclosure. A
				  recipient of personal information pertaining to an individual, who has
				  authorized disclosure pursuant to Section 6, may resell or redisclose personal
				  information for any purpose.
2.
				  Limit on Resale and Redisclosure. Except as otherwise provided in this Section,
				  a recipient of personal information under Sections 4 and 7 may resell or
				  redisclose personal information only for a use permitted under Sections 4 and
				  7.
3. Records and Inspection. A
				  recipient of personal information under Sections 4 and 7, other than a
				  recipient under Section 7(3)(B), who resells or rediscloses personal
				  information must keep for a period of five years records identifying each
				  person who receives that information and the permitted purpose for which the
				  information will be used and must make such records available to the Bureau or
				  another person or state agency designated by the Bureau upon request.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-9 - Conditions prior to disclosure of personal information

Current through 2024-29, July 17, 2024
The Bureau may, prior to the disclosure of personal
					 information, require persons requesting such information to provide
					 periodically assurances concerning identity and intended use of such
					 information.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 10 - RULE IMPLEMENTING THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT › Section 250-10-10 - Fees

Current through 2024-29, July 17, 2024
All applicable costs and fees must be paid prior to the
					 disclosure of personal information.
There will be no fiscal impact to municipalities resulting
					 from the adoption of these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-1 - Purpose

Current through 2024-29, July 17, 2024
These rules describe qualification standards and
					 requirements for licensing motorcycle rider education schools and instructors,
					 define application procedures, establish instructor certification courses,
					 define the motorcycle rider education program, and describe school
					 requirements. These rules repeal existing rules governing motorcycle rider
					 education.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-2 - Definitions

Current through 2024-29, July 17, 2024
For the purpose of these rules the following definitions
					 apply.
1. Instructor means a person
				  licensed by the Secretary of State to conduct a motorcycle rider education
				  program.
2. School owner means a
				  person whose facility and range are licensed by the Secretary of State to
				  conduct a motorcycle rider education program.
3. Motorcycle rider education means the
				  programs of instruction entitled:
A.
Ecourse:
All required motorcycle training curricula shall include
				  a 3-hour on-line ecourse or equivalent. Course content shall include motorcycle
				  types; controls, indicators and equipment; basic operation; riding preparation;
				  risk associated with riding; strategies for basic street riding: strategies for
				  common situations; emergency situations; special riding situations and rider
				  impairments.
B.
Basic
				  Motorcycle Rider Education Course
: A basic motorcycle rider education
				  course approved by the Secretary of State must consist of classroom instruction
				  and actual hands-on operation instruction provided in an approved classroom and
				  range. Successful completion of the hands-on skill evaluation and written
				  knowledge test of a basic hands-on motorcycle rider education course fulfills
				  the requirement of
				  29-A MRS
				  Section1352 (6A and 6B).
C.
3-Wheel Basic Motorcycle Rider
				  Education Course.
A 3-wheel basic motorcycle rider education course
				  consisting of a minimum of 16 hours; 8 hours classroom instruction and 8 hours
				  actual hands on instruction provided at a licensed motorcycle rider education
				  school. Successful completion of the hands-on skill evaluation and written
				  knowledge test of a 3-wheel motorcycle rider education course fulfills the
				  requirement of
				  29-A MRS
				  Section1352 (6A and 6B).
D.
Experienced Motorcycle Rider
				  Education Course
. A course for experienced motorcycle riders is limited
				  to students who possess a motorcycle license or endorsement and have at least
				  three (3) months of motorcycle riding experience. The course does not fulfill
				  the requirement of
				  29-A MRS
				  Section1352 (6A and 6B).
E.
Advanced Motorcycle Rider Education
				  Course
. This course consists of 2 hours of classroom discussion and 5
				  hours of riding exercises and is designed for riders who have basic skills and
				  possess a current motorcycle learner's permit or endorsement. Riders should use
				  their own personal street-legal motorcycle for this course. This course does
				  not fulfill the requirement of
				  29-A MRS
				  Section1352 (6A and 6B).
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-3 - Motorcycle training curricula provider's requirements

Current through 2024-29, July 17, 2024
1. Approved Curricula Provider(s): Motorcycle
				  Safety Foundation (MSF)-1987
2. The
				  curricula provider shall submit all training and administrative materials to
				  the Secretary of State for the vetting of their program.
3. The curricula provider shall allow the
				  incorporation of Maine specific information and policies for the enhancement of
				  the program.
4. The curricula
				  provider shall recognize the State of Maine, Motorcycle Safety Program
				  Coordinator, as the responsible party and final authority for all testing
				  during all instructor certification courses.
5. Curricula provider shall have a system for
				  monitoring quality assurance of the training and other administrative
				  aspects.
6. Curricula provider will
				  be responsible for training the Motorcycle Safety Program Coordinator, and all
				  other state employees as appropriate, at no cost to the State of Maine, before
				  all other instructors are trained and certified in that curriculum. This will
				  include all levels of training necessary to certify and oversee instructors.
				  This requirement must be fulfilled prior to use of the approved curriculum in
				  the State of Maine.
7. The
				  curricula shall incorporate a system of courses to include, but not limited to,
				  hands-on training for obtaining a standard 2-wheel motorcycle endorsement and
				  3-wheel motorcycle endorsement.
8.
				  The curricula provider shall adhere to Maine standards as listed in the State
				  of Maine,
Motorcycle Safety Program Manual
.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-4 - Application and Expiration for Motorcycle Rider Education Licenses

Current through 2024-29, July 17, 2024
1.
Forms.
The Secretary of State
				  shall provide forms and general information to persons who apply for the
				  issuance of motorcycle rider education licenses. Such forms and general
				  information are available at the website of the Secretary of State.
2.
License.
Upon application and
				  payment of the required fees, the Secretary of State may issue a motorcycle
				  rider education instructor and/or school license to persons who meet applicable
				  licensing standards and qualifications. Motorcycle rider education licenses are
				  not transferable.
3.
Expiration of motorcycle rider education licenses
A. A motorcycle rider education school
				  license expires on December 31, annually.
B. A motorcycle rider education instructor
				  license expires one year from date of issue.
C. A licensed instructor shall, on or before
				  the annual expiration of licensure, submit a renewal application and the
				  prescribed renewal fee. A person, who renews their instructor license within 24
				  months of the expiration of their last license, may be licensed without further
				  requirement upon submission of an application, valid first aid card, valid
				  certification from an approved curricula provider, and payment of the license
				  fee.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-6 - Motorcycle Rider Education School Licensing Requirements

Current through 2024-29, July 17, 2024
1.
Licensing Requirements.
Any
				  person, who conducts motorcycle rider education, operates a motorcycle rider
				  education school or represents oneself as providing the same must be licensed
				  by the Secretary of State. A license is required for each location where
				  motorcycle rider education is provided.
2.
Application and General
				  Requirements.
An applicant for a motorcycle rider education school
				  license must submit the following information to the Secretary of State, who
				  will provide forms for this purpose, and meet the following requirements.
A.
Ownership and Employee
				  Information
.
(1)
Identity of
				  school owners.
The name, date of birth, address and title of each owner,
				  including partners and shareholders. Prior to approval of an application, if a
				  person applying for a motorcycle rider education school license is not licensed
				  as a motorcycle rider education instructor, the person must submit to a
				  criminal background check and pay the appropriate fee. This includes corporate
				  owners and partners.
(2)
Identity of motorcycle rider education instructors.
The names and
				  date of births of motorcycle rider education instructors employed by the
				  school. The school must ensure that all motorcycle rider education instructors
				  employed by their school hold a valid certification from an approved curriculum
				  provider, driver's license and motorcycle instructor license.
(3)
Identity and location of
				  school.
The school name, mailing address, classroom location, range
				  location, and the location where records will be maintained.
(a)
School name.
If a motorcycle
				  school does not renew its license within two years, the Secretary of State may
				  grant a license to another school with the same operating name.
(b)
School location.
A
				  motorcycle rider education school may not be located in a facility where the
				  Secretary of State conducts business at any location initially licensed after
				  the effective date of these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-7 - Motorcycle Rider Education Program Requirements

Current through 2024-29, July 17, 2024
1.
Curriculum
. An instructor
				  shall comply with the approved course curriculum meeting national standards,
				  approved by the Secretary of State, and the Maine
Motorcycle Safety
				  Program Manual
while conducting a motorcycle rider education course.
A.
Curriculum hours
. An
				  instructor shall ensure that each student completes:
(1) Prior to any training course, all
				  motorcycle rider education students shall complete a minimum of 3 hours on-line
				  (ecourse) or an equivalent pre-course assignment that includes motorcycle
				  safety related topics and rider responsibility aspects as required by the State
				  of Maine standards.
(2) At least 5
				  hours of actual classroom instruction and 10 hours of actual hands-on range
				  instruction, as required in the basic motorcycle rider education course
				  instructor guide before a student may be issued a course completion
				  certificate; or
(3) At least 8
				  hours of actual classroom instruction and 8 hours of actual hands-on range
				  instruction as required in the 3-wheel basic motorcycle rider education
				  instructor guide before a student may be issued a course completion
				  certificate; or
(4) Classroom units
				  and range exercises must be delivered as outlined in the approved curriculum
				  and the
Maine Motorcycle Safety Program Manual
. Any exceptions
				  must be approved by the Secretary of State.
(5) For safety reasons, during any motorcycle
				  course, a training day that exceeds 5 hours of instruction shall incorporate a
				  45-minute (minimum) meal/rest break for students and instructors, near the
				  mid-way point of that training day. Other student breaks as prescribed by the
				  curricula shall be completed.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Motor Vehicles › Chapter 11 - RULES GOVERNING MOTORCYCLE RIDER EDUCATION › Section 250-11-8 - Monitoring and Inspection by Secretary of State

Current through 2024-29, July 17, 2024
The Secretary of State shall monitor, with or without
					 notice, classroom and range instruction for compliance with statutory and
					 regulatory requirements. A motorcycle rider education school and motorcycle
					 rider education instructor must allow the Secretary of State access to
					 facilities, vehicles and records necessary to monitor and inspect classroom and
					 range instruction.