Maine



Public Laws and Resolves Affecting Motor Vehicles129th Legislature, First Regular SessionEffective Date is September 19, 2019, unless otherwise noted.The full text of Public Laws and Resolves passed during the First Regular Session of the 129th Legislature can be found online at: PL 2019, Chapter 78 (LD 180), “An Act To Allow for the Regulation of Transportation Network Companies at Airports by Municipalities.” (Emergency) Effective May 8, 2019.This law allows a municipality to adopt an ordinance governing the operations of a transportation network company at an airport located within that municipality.PL 2019, Chapter 82 (LD 8), “An Act To Allow and Recognize a Legal Name Change upon Marriage.”This law allows a person who is getting married to change that person's name by indicating the new name on the application for recording notice of intent to marry, which becomes effective upon the completion of the marriage license.PL 2019, Chapter 113 (LD 1407), “An Act To Revise and Recodify Certain Provisions of the Maine Criminal Code.” (Emergency) Effective May 16, 2019This law makes minor corrections to the Maine Criminal Code affecting Title-29A.PL 2019, Chapter 121 (LD 648), “An Act To Improve Reporting of Operating Under the Influence Offenses.”This law requires the Department of Public Safety, Bureau of State Police, State Bureau of Identification to maintain separate categories in its uniform crime reporting for offenses that involve operating under the influence of alcohol, offenses that involve operating under the influence of intoxicating substances other than alcohol and offenses that involve operating under a combination of alcohol and other intoxicating substances.PL 2019, Chapter 141 (LD 823), “An Act To Exempt Vehicles That Are 20 Years Old or Older from Titling Requirements When the Vehicles are Recycled, Salvaged or Scrapped.”This law exempts certain motor vehicles that are 20 years old or older from certificate of title or certificate of salvage requirements. PL 2019, Chapter 170 (LD 198), “An Act To Require That Nonmotorized Carriages Be Equipped with Tape and Lights.”This law requires an animal-drawn carriage operated during nighttime to be equipped with reflective tape on all sides and an oil lantern or electric lights attached to the left side of the carriage that displays a red light toward the rear and a white light toward the front.PL 2019, Chapter 183 (LD 417), “An Act To Allow an Attorney To Use a Photocopied Driver’s License To Consummate a Financial Transaction.”This law allows the driver or the driver’s attorney to photocopy a driver's license for the consummation of a financial transaction without the permission of the Secretary of State.PL 2019, Chapter 189 (LD 264), “An Act Regarding Liability for Taking of a Blood Sample from an Operator of a Motor Vehicle Involved in a Fatal Crash.”This law limits the liability of qualified persons (and institutions they work for) who take blood samples from drivers to test for alcohol or drugs, and specifically adds EMS personnel and law enforcement officers to the list. [NOTE: although the title of the Act uses the term “fatal crash,” the law would apply to all blood sample collection pursuant to Title 29-A, Ch. 23.] PL 2019, Chapter 194 (LD 458), “An Act To Require Motorists To Yield to Transit Buses.”This law requires an operator of a vehicle to yield the right-of-way to a transit bus traveling in the same direction if the transit bus has signaled and is reentering the traffic flow from a bus stop or shoulder of the roadway.PL 2019, Chapter 204 (LD 1109), “An Act Regarding All-terrain Vehicles.The law further clarifies the definition of an all-terrain vehicle.PL 2019, Chapter 254 (LD 546), “An Act To Enhance Highway Safety by Strengthening the So-called Move Over Law.”This law increases from $250 to $275 the minimum fine for passing a stationary authorized emergency vehicle using an emergency light or a stationary public service vehicle using its authorized lights and failing to pass in a lane that is not adjacent to the stationary vehicle or, if passing in a nonadjacent lane would be impossible or unsafe, failing to pass at a careful and prudent speed.PL 2019, Chapter 255 (LD 917), “An Act Increasing Municipal Agent Fees for Motor Vehicle Registrations.”This law allows municipal agents to charge higher service fees for registrations for motor vehicles, from $3 to $5 for renewals and from $4 to $6 for new registrations. PL 2019, Chapter 258 (LD614), “An Act To Increase Electric Vehicles in Maine.”This law establishes an electric vehicle fund program to transform markets toward the adoption of electric vehicles. The law also creates a rebate program that provides rebates for the purchase and lease of electric vehicles. The trust shall develop, make available on its publicly accessible website and periodically update a list of eligible electric vehicles and rebates and all forms and documents necessary for a person to apply for and receive a direct rebate included in the program. This law creates an electric vehicle charging infrastructure fund to increase the availability and effectiveness of electric vehicle charging infrastructure in the State. PL 2019, Chapter 299 (LD 1269), “An Act To Update the Laws Governing Child Safety Seats and Seat Belts.”This law amends the laws governing the use of seat belts and child restraint systems in motor vehicles. It defines several types of child restraint systems and establishes requirements for the use of child restraint systems based on a child's age, height and weight. It increases the fines for violations of the law. PL 2019, Chapter 318 (LD 166), “An Act To Protect Schoolchildren by Providing Additional Enforcement and Prevention Options for Unlawful Passing of a School Bus.”This law allows the State or a municipality to use a traffic surveillance camera mounted on a school bus to photograph, microphotograph, or videotape to be released to a law enforcement officer for the purposes of investigation to prove or enforce the violation of law. This law also provides the Maine Turnpike Authority the allowance to use a photo-monitoring system as defined by Title 23, section 1980, subsection 2-A, paragraph B, subparagraph (4) for toll enforcement. The law also adds definitions of extended stop arms and stop arms to the school bus subchapter of Title 29-A.PL 2019, Chapter 319 (LD 1576), “An Act To Improve the Department of Corrections' Response to Emergency Situations by Amending Provisions Related to Vehicles Operated by Certain Department Employees.”This law amends the definition of "authorized emergency vehicle" in the motor vehicle laws to include a Department of Corrections vehicle operated by a person who is certified by the Board of Trustees of the Maine Criminal Justice Academy as a law enforcement officer. This law also amends who may exercise privileges of an authorized emergency vehicle set forth in Title 29-A, Section 2054, subsection 5.PL 2019, Chapter 327 (LD 1555), “An Act To Improve Highway Maintenance Safety.”This law amends current law to allow vehicles engaged in highway maintenance or in emergency rescue operations by various entities defined in Title 29-A, Section 2054, subsection 2, paragraph C to be equipped with auxiliary lights that emit a combination of green, amber and white lights or any shade between amber and white. This law also amends current law to allow the Maine Turnpike Authority to remove a vehicle from the Maine Turnpike if it is improperly parked, abandoned or interfering with snow removal in the same manner that the Department of Transportation may remove such a vehicle on a road under its jurisdiction. It also clarifies that a 3rd-party agent such as an independent contractor working for the State, a political subdivision of the State or the Maine Turnpike Authority is entitled to the same immunity from liability for these removals as employees of the department or authority.PL 2019, Chapter 335 (LD 1769), “An Act To Make Various Changes to the Motor Vehicle Laws.”This law amends the motor vehicle laws in the following ways.It amends the law governing motor vehicle frame end heights to increase dimensions for current weight ranges of vehicles. It also adds vehicles from 11,501 pounds to 13,000 pounds, which may have frame end heights of 32 inches in the front and 34 inches in the rear.It establishes that a vehicle owned by the Department of Public Safety may be equipped with blue emergency lighting and a siren, but neither the lighting nor the siren may be displayed or used except when the vehicle is being operated by a law enforcement officer.It establishes that a person may not operate, or cause to have operated, a diesel-powered motor vehicle with a manufacturer's gross vehicle weight rating less than 18,000 pounds that emits visible smoke on a public way or parking area because of a permanent or temporary alteration to the air pollution control system of the motor vehicle. Emitting visible smoke by using such an alteration is commonly referred to as "rolling coal."It establishes that the law governing motor vehicle heights and widths does not apply to snowplows and equipment mounted on a vehicle traveling from one work location to another work location during a snow event, or traveling from the point of purchase to a storage location, as long as the vehicle does not exceed 108 inches in total width. The term "snow event" is defined as the period beginning 48 hours before a predicted snowstorm and ending 48 hours after the snowstorm.It defines a heavy duty recovery vehicle and adds it to the list of vehicles allowed to be issued long term permits for overweight operation issued by the Secretary of State.PL 2019, Chapter 337 (LD 1782), “An Act To Amend the Motorcycle Rider Education and Driver Education Laws.”This law 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 adds a penalty section for failure to comply with motorcycle rider education instructor standards and requirements of a traffic infraction.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.PL 2019, Chapter 340 (LD 1803), “An Act to Update the Laws Regarding Death and Marriage Records.”This bill makes changes to the laws governing marriage records and the filing, correction and amendment of death records, including removing language from the statutes that describes marriage as the union of a man and a woman to conform to the laws in the State. This bill also authorizes people to record their intentions to marry with the State Registrar of Vital Statistics.PL 2019, Chapter 343 (LD 1001), “An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2019, June 30, 2020 and June 30, 2021.” (Emergency) Effective June 17, 2019This law provides one-time funding to purchase a high-speed embossing press for manufacturing licenses plates.PL 2019, Chapter 345 (LD 1627), “An Act To Authorize the Use of Autocycles.”This law defines an autocycle as a 3-wheeled motorcycle that has a steering wheel or handlebars, floor pedals for automotive-style controls and seating that does not require the operator to straddle or sit astride a seat and establishes provisions for registration and operator licensing.PL 2019, Chapter 349 (LD 1222), “An Act Regarding Electric Bicycles.”This law defines and regulates the use of electric bicycles, which are bicycles with a motor and which fall into one of 3 classes, depending on the top speed attainable and whether the operator needs to pedal while the motor is propelling the electric bicycle. The bill provides that an operator of an electric bicycle has generally the same rights and obligations as the operator of a bicycle, except that the use of an electric bicycle on bicycle paths and bikeways may be restricted by the entity having jurisdiction over the bicycle path or bikeway. An electric bicycle is considered a vehicle for purposes of the State's so-called open container law and, as with bicycles, any person under 16 years of age who is operating or riding as a passenger on an electric bicycle must wear a bicycle helmet.PL 2019, Chapter 352 (LD 1528), “An Act To Amend the Laws Regarding Motor Vehicle Fees.”This law:Increases the one-time fee for an out-of-rotation registration plate and for a reserved registration number from $15 to $25, the same as for a vanity registration plate fee;Increases the registration transfer fee for a trailer under 2,000 pounds from $5 to $8, making the fee the same as for other registration transfers;Adds motorcycle rider education school and instructor license fees to match fees for other business licenses issued by the Department of the Secretary of State, Bureau of Motor Vehicles, such as certain dealer licenses;Increases driver education school and instructor license fees to match other business license fees;Increases the fee for a duplicate registration certificate from $2 to $5; andReduces the driver's license fees for persons 65 years of age and over by $1 to provide equity in the fees assessed on driver's licenses issued to this demographic.PL 2019, Chapter 367 (LD 1615), “An Act To Enact the Peer-to-Peer Car Sharing Insurance Act.”This law defines the peer to peer car sharing program through the means of a business platform that, digitally or otherwise, connects registered owners of motor vehicles with individuals to enable the sharing of motor vehicles for financial transactions. The law also defines the insurance liability requirements and limitations of this program.PL 2019, Chapter 368 (LD 1676), “An Act To Enhance the Ability of the State To Prosecute the Crime of Operating Under the Influence.”This law amends the laws governing the testing of breath, blood and urine samples for the presence of alcohol and drugs by:Allowing such testing to occur at a laboratory licensed to do so under the laws of this State or any other state and also certified by the Federal Government under federal law;Allowing, for the taking of blood and urine samples, the use of specimen collection tubes of the type normally used in such a laboratory; andChanging the allocation in the statutes of a provision of law governing the liability of persons who draw blood at the request of a law enforcement officer.PL 2019, Chapter 390 (LD 1487), “An Act To Exempt Holders of Gold Star Family Registration Plates from Vehicle Registration Fees.”This law exempts a person possessing or applying for a registration certificate and a set of gold star family registration plates from the annual motor vehicle registration fee.PL 2019, Chapter 397 (LD 1783), “An Act To Amend the Motor Vehicle Laws.”This law is the Department of the Secretary of State, Bureau of Motor Vehicles' omnibus bill. The bureau is recommending several changes to the motor vehicle laws to facilitate program administration and to bring administrative fees more in line with actual costs.It amends the job classification from investigators to motor vehicle detectives. It amends the requirement to provide a dealer's certificate with the requirement that the applicant submit a properly completed bill of sale. It clarifies the requirement that a municipal official retain from the use taxes collected a fee of $1.25 for each vehicle with a requirement that the Secretary of State be reimbursed by the State Tax Assessor $1.25 per use tax certificate processed. It requires dealers to annually submit a form prescribed by SOS to account for use and disposal of temporary registration plates. It repeals the moratorium on specialty plates as the section of statute is no longer needed.It repeals the 10 year authorization period for recognition plates.It reduces the number of semitrailers from 30000 to 20000 for eligibility in the 25-year permanent LTT plate program. It clarifies that an IRP cab card may be presented in electronic format.It changes the retention period from 1 to 5 years to bring into compliance with the records requirements for recyclers and adds language for traffic infraction violation of the subsection requirements. It changes the reporting requirements from immediate to 30 days for surrender and cancellation of a certificate of title or salvage by a salvage dealer, recycler or scrapper.It reallocates the trailer transit plate language from the registration chapter in 29-A to the dealer chapter as the plate is assigned to licensed dealers of mobile homes and similar vehicles.It clarifies the records needed to be maintained by licensed recyclers and the requirement to obtain photo identifications from a seller of a vehicle. It adds the requirement for junk and salvage yards to use the National Motor Vehicle Title Information System (NMVTIS) as required by federal law. It amends the term of a commercial learner’s permit from 180 days to one year.It provides the ability for SOS to suspend, revoke or refuse to issue or renew a driver education schools and instructors license or deny a certificate of completion for just cause in accordance with the Maine Administrative Procedures Act. It removes the color code requirement from the design layout or marking of license and state ID card of persons less than 21 years of age.It removes the sticker designation for a deaf or hard of hearing person to be replaced with a printed designation on the driver’s license or identification card.It clarifies that any information change requested by the customer to their license, state ID or registration certificate is considered a duplicate for administrative processing purposes.It adds life support transport vehicles to authorized emergency vehicles and further provides the Commissioners of Public Safety and Transportation the authority to adopt rules to designate and ensure passenger safety while vehicle is idling on the Maine State Ferry Service. It removes the unallocated language requiring the SOS to report annually to the Transportation Committee the usage of the Systematic Alien Verification for Entitlements (SAVE) program.PL 2019, Chapter 401 (LD 1798), “An Act To Amend the Maine Tax Laws.”In order to make changes to the sales tax law in the Maine Revised Statutes:Specifies that camper trailers and motor homes must be rented as tangible personal property and not as living quarters for the purposes of the exclusion from the definition of retail sale;It amends the fees to be considered in the calculation of sales price for lease or rental vehicles of a period of less than one year with a gross weight of less than 26,000 and for lease and rental vehicles for one year or more. PL 2019, Chapter 409 (LD 1463), “An Act To Create an Automatic Voter Registration System.”Lowers the age of pre-registration from 17 to 16 years old, effective January 1, 2020.? By January 1, 2022, requires the SOS to implement AVR at the BMV ONLY and ONLY for applicants for a DL or ID card.? (Eligibility to vote includes proof of citizenship, which is only provided for these transactions.) If the applicant proves eligibility?and does not opt out, then the pending VR record is transmitted to the applicable municipality.? Documents proving eligibility are scanned and saved in BMV database, along with the pending VR record.? The pending record copies are saved at BMV whether they are eligible, ineligible or declined.? The SOS may designate other source agencies to conduct AVR, but only if the SOS verifies that the agency collects documents (esp. proof of citizenship) as part of the normal course of business.? SOS is not obligated to authorize any of these or develop within any timeframe, and if SOS does implement with other agencies, the records will not go through the BMV – SOS would develop a conduit between that agency and the CVR.The SOS is authorized (not required) to develop routine technical rules for implementation.By January 1, 2020, report to VLA Committee on the progress made towards implementation. ?PL 2019, Chapter 413 (LD 19), “An Act To Require Newly Purchased Public School Buses To Be Equipped with School Bus Crossing Arms.” (Emergency) Effective June 20, 2019This law defines a school bus crossing arm as a device mounted on the front bumper of a school bus that is no shorter than 70” an no longer that the width of the school bus and when activated extends outward in front of the school bus. It also requires a school bus of model year 2021 or newer be equipped with the crossing arm. PL 2019, Chapter 415 (LD 1002), “An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, Highway Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2019, June 30, 2020 and June 30, 2021.” (Emergency) Effective June 20, 2019This law establishes three Customer Representative II-MV positions for branch office operations and one Motor Vehicle Detective position. It also provides funding for approves reclassification of some positions.It provides funding to update the Maine Motorist Handbook and Study guide and associated test pool items. It provides funding for many one-time IS technology costs as well as maintenance cost for current technologies.It provides funding for organizational position reclassifications. It provides funding for replacement of computers, touch screen and laptops, for driver’s license examination and motor vehicle detectives. PL 2019, Chapter 430 (LD 873), “An Act To Clarify the Application of Motor Vehicle Excise Tax to Water Well Drilling Equipment.”This law clarifies that water well drilling equipment attached to a self-propelled vehicle and used for business in not included in the motor vehicle definition under Title 36, Section 1481 subsection 3. PL 2019, Chapter 436 (LD 1220), “An Act To Remove Certain Restrictions Imposed on Retired State Employees Who Return to Work.”This law amends the provisions of the Maine Public Employees Retirement System regarding compensation and service retirement benefits for retired state employees, retired teachers and retired school administrators who return to service as classroom-based employees or school administrators.PL 2019, Chapter 442 (LD 1485), “An Act To Create a Contact Person Program in the Department of Public Safety.”The Department of Public Safety shall develop and implement a contact person program to assist a law enforcement officer with communications with a participating person during an encounter between the participating person and the law enforcement officer. The program must provide the law enforcement officer with access to contact information for a person that is voluntarily submitted by a participating person or the legal guardian of a participating person. The program must interface with the State's telecommunications and radio message switching system.PL 2019, Chapter 443 (LD 1488), “An Act To Allow Holders of Gold Star Family Registration Plates To Be Issued Complimentary Licenses To Hunt, Trap and Fish.”This law allows the holder of a registration certificate and a set of gold star family registration plates who is a Maine resident to be issued a complimentary lifetime license to hunt, trap and fish, including permits, stamps and other permissions needed to hunt.PL 2019, Chapter 451 (LD 1790), “An Act To Amend the Law To Protect the Confidentiality of State and Local Government Employees' Private Information.”The purpose of this law is to provide consistency among state, county and municipal employees regarding the protection of private information. This law amends the law governing the confidentiality of personal information of state, county and municipal employees to ensure the confidentiality of genetic information and information about the sexual orientation, gender identity or ethnicity of employees contained in the records of the state, county or municipality. It also adds language to each statute to ensure that aggregated private information about state, county and municipal employees is publicly accessible.PL 2019, Chapter 459 (LD 1400), “An Act To Improve Recruitment and Retention in State Law Enforcement by Offering Retirement Service Credit.”This law allows a member of the State Employee and Teacher Retirement Program or the Participating Local District Retirement Program to purchase up to 4 years of service credit for time served as a full-time law enforcement officer prior to membership at full actuarial cost if the member has at least 15 years of creditable service at the time of retirement. It also requires that the member certify that the service credit to be purchased has not and will not be used to obtain other retirement benefits. PL 2019, Chapter 464 (LD 1701), “An Act To Clarify Various Provisions of the Maine Human Rights Act.”This law makes changes to the Maine Human Rights Act in order to clarify its proper application and interpretation. In particular, the bill clarifies the Act's coverage of claims based on association and based on the perception that an individual belongs to a protected class; and provides a definition of "gender identity." The bill provides needed clarification related to several Maine Human Rights Act provisions highlighted by recent court decisions, including confirming that a leave of absence can be a reasonable accommodation for a disability in employment. The bill also makes grammatical changes and corrects cross-references. The bill adds language defining signage to be used on single occupancy restrooms in public facilities. PL 2019, Chapter 465 (LD 1702), “An Act To Enhance the Administration of the Maine Human Rights Act.”This law amends the Maine Human Rights Act so as to make more efficient the processing and investigation of complaints. The bill:Authorizes the executive director of the commission to appoint additional necessary personnel subject to the Civil Service Law;Replaces certain references to the enumerated potential bases for discrimination with references to "protected class characteristics, membership or status";Specifies that funds received by the commission for the purpose of implementing a 3rd-party neutral mediation program are not subject to any statewide cost allocation plan;Designates as confidential certain information that is collected during the investigation of a complaint under the Act and exempts such information from the definition of "public record" for purposes of the Freedom of Access Act;Authorizes the executive director of the commission to administratively dismiss a complaint brought under the Act for specified reasons;Provides that any post-finding conciliation agreement that includes the commission as a signatory is a public record;Prohibits the awarding of attorney's fees and costs to the commission and specifies that the commission is not liable to pay attorney's fees and costs of another party.PL 2019, Chapter 467 (LD 1111), “An Act Regarding Driver's License Suspensions.”This changes the mandatory minimum period of suspension of a driver's license after a finding of negligence in causing a fatal accident from three years to one year. PL 2019, Chapter 486 (LD 165), “An Act To Prohibit the Use of Handheld Phones and Devices While Driving.”This law makes the following changes:It provides the Chief Justice of the Supreme Judicial Court may implement arrangements for the use of fines and fees collected under 29-A, section 2121 to pay costs of processing traffic violations, and to hire an assistant clerk.It creates a Supplemental Transportation Fund to be used by the Department of Transportation for transportation related projects and services.It makes definitions uniform across the Maine Revised Statutes, Title 29-A for restrictions on the use of handheld electronic devices and mobile telephones and on texting by drivers, drivers operating with an intermediate license and drivers operating with a learner's permit.It clarifies that there is no exception for using a handheld electronic device or mobile telephone while a motor vehicle is temporarily stopped in traffic, but does permit use when the vehicle is pulled over in a safe location and has halted in a location where the vehicle can safely remain stationary.It incorporates exceptions for radios, hands-free features, medical devices, ignition interlock devices, which are part of the operating equipment of the motor vehicle, and for persons employed as commercial or school bus drivers using other equipment within the scope of the person’s employment as permitted under Federal Motor Carrier Safety Administration regulations.It creates an exception for contacting emergency services personnel in emergency situations.It creates a penalty of a traffic infraction for which a fine of not less than $50 for the first offense and not less than $250 for a second or subsequent offense and directs those funds be deposited into the Supplemental Transportation Fund. PL 2019, Chapter 506 (LD 49), “An Act Authorizing the Issuance on Request of Acquired Brain Injury Identification Cards.”This law does the following:Directs the Secretary of State, beginning January 1, 2020, to issue wallet-sized acquired brain injury identification cards to persons who voluntarily request a card;Allows the Secretary of State to require documentation of an acquired brain injury;Provides requirements for the application for and issuance of an acquired brain injury identification card; andAllows the Secretary of State to determine by rule any additional information about acquired brain injury that must be placed on an acquired brain injury identification card. ................
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