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An Act To Amend the Motor Vehicle Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12861, first ¶, as enacted by PL 2007, c. 532, §1, is amended to read:
Notwithstanding section 10001, subsection 28 and Title 29-A, section 552, a person licensed to guide hunters under this chapter may employ the services of a person not licensed as a guide to transport hunters along a public or private road in a motor vehicle for the sole purpose of delivering those hunters to a predetermined destination prior to or at the conclusion of the time those hunters are engaged in hunting. For purposes of this section, "motor vehicle" does not include a snowmobile or an all-terrain vehicle.
Sec. 2. 29-A MRSA §502, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 3.  29-A MRSA §521, sub-§14  is enacted to read:
 
14.  Disabled veteran parking.   A person issued a disabled veteran registration pursuant to section 523, subsection 2 is entitled to the parking privileges of this section.
Sec. 4. 29-A MRSA §525, sub-§11, as amended by PL 1995, c. 645, Pt. B, §12 and affected by §24, is further amended to read:
 
11. Cooperation. The State Tax Assessor, the Department of Public Safety and the Secretary of State shall cooperate in the issuance of decals, licenses and permits, the processing of tax returns, enforcement of this section and to ensure that timely information is readily available to all enforcement personnel of the status of those in noncompliance with the fuel use tax laws, intrastate and interstate for-hire operating authority permit requirements and motor vehicle registration laws.
 
Subject to the provisions of Title 36, the State Tax Assessor may delegate to the Secretary of State responsibility for the processing of motor carrier fuel tax returns, motor carrier fuel tax collection and compliance with the administrative requirements of the International Fuel Tax Agreement.
Sec. 5. 29-A MRSA §551, sub-§2, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
 
C.  Enable participating states to act cooperatively in the collection of fees and the enforcement of insurance requirements; and
Sec. 6. 29-A MRSA §552, as amended by PL 2009, c. 435, §6, is repealed.
Sec. 7. 29-A MRSA §555, sub-§4, as amended by PL 2007, c. 505, §2, is further amended to read:
 
4. Enforcement.The Secretary of State upon request of the bureau may refuse to reissue an identification device for a willful or continued violation of this chapter or a regulation of the United States Department of Transportation. Enforcement is as follows.
 
A.   The bureau may file a complaint in the District Court seeking revocation or suspension of an operating permit.
 
B.  Notwithstanding Title 5, section 10051, the Secretary of State may suspend a license for lack of sufficient insurance.
 
A suspension continues until the Secretary of State is satisfied that the carrier has obtained adequate insurance.
 
Notice and an opportunity for hearing are as provided by the Maine Administrative Procedure Act.
 
C.  A law enforcement officer must investigate an alleged violation of this subchapter or a rule adopted by the bureau or by the United States Department of Transportation, prosecute violators and aid in the enforcement of the provisions of this subchapter.
Sec. 8. 29-A MRSA §556, sub-§1, as amended by PL 1995, c. 482, Pt. B, §15 and affected by §22, is repealed.
Sec. 9. 29-A MRSA §556, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 10. 29-A MRSA §556, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
 
3. Government. A vehicle engaged, directly or through a contractor, exclusively in construction or maintenance work for the Federal Government, the State, a county or, a municipality or an Indian tribe; and
Sec. 11. 29-A MRSA §556, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 12. 29-A MRSA §556, sub-§5, as amended by PL 1995, c. 482, Pt. B, §15 and affected by §22, is repealed.
Sec. 13. 29-A MRSA §556, sub-§6, as affected by PL 1995, c. 65, Pt. A, §153 and amended by Pt. B, §8 and affected by Pt. C, §15, is further amended to read:
 
6. Passenger vehicles. While transporting passengers as follows:
 
A.   The operation of a motor vehicle under contract with the State, a municipality or a school district used in transporting students;
 
B.   Motor vehicles having a capacity of not more than 6 passengers operated over irregular routes and without a fixed schedule;
 
C.   Motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of patrons between hotels and public transportation;
 
D.   Motor vehicles owned or operated by or on behalf of growers, processors and manufacturers of fruit, vegetable or fish products and used in the transportation of workers between their homes and places of employment; and
 
E.  Motor carriers transporting passengers that receive state, municipal or federal subsidies are required to submit their operating name and list of equipment to the bureau and are subject to the rules of the bureau pertaining to safety promulgated under section 555. For the purpose of this section, the term "subsidies" includes assistance that is provided by the State Government, municipal government or Federal Government that is used for purposes of planning to offset operating losses or to acquire capital equipment.
 
"Cooperative use transportation" means the collective use of privately owned vehicles by 2 or more people where the providing of transportation is not the primary business of the owner or driver of the vehicle, or both, but is incidental to their livelihood. Cooperative use includes, but is not limited to, shared driving, shared expense car pools, station wagon pools or van pools, employer-owned or leased vehicles, including buses that are operated for convenience of the employees, commuter services organized and arranged by employee cooperatives, labor unions, credit unions and neighborhood groups that are operated for the convenience of their members and vehicles operated under the auspices of government-sponsored commuter matching services and brokerage programs and individuals or groups providing nonprofit matching and other brokerage type services.
 
"For-profit brokerage and matching services" means that the provider of the service neither sets the rates for the service, provides backup transportation, passes upon the qualifications of the drivers of their vehicles, establishes the routes nor collects the fees paid for the service. The business of matching drivers with passengers and the rendering of technical assistance in support of cooperative use transportation is exempt from rules under this chapter.
 
"For-profit car pooling and van pooling" means the business of organizing and operating a car pooling or van pooling system. In this context, "car pools and van pools" means any vehicle used in a continuing form of prearranged commuter transportation by a relatively fixed group of 15 persons or fewer for travel between their places of residence and their places of employment. The operation of for-profit car pools and van pools must be incidental to the livelihood or employment of the owner or operators. The business of organizing and operating a car pooling or van pooling system, including the selection and approval of cars, vans and drivers, the fixing and collection of fees, the establishment of routes and the provision of backup transportation, is exempt from rules under this chapter, except for sections 555, 558 and 560.
Sec. 14. 29-A MRSA §556, 2nd ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 15. 29-A MRSA §556, 3rd ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 16. 29-A MRSA §556, 4th ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. 17. 29-A MRSA §558, sub-§1-A, as enacted by PL 1995, c. 625, Pt. A, §33, is amended to read:
 
1-A. Minimum fine. Notwithstanding Title 17-A, section 1301, the minimum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations, Parts 392, 395.3, 395.8e and 395.8k is $250. If a minimum fine is provided by any rule adopted pursuant to this subchapter, the court shall impose at least the minimum fine, which may not be suspended by the court.
Sec. 18.  29-A MRSA §558, sub-§1-B, ¶F  is enacted to read:
 
F.  A person commits a traffic infraction if that person violates any provision of the Secretary of State's rules adopted pursuant to section 551.
Sec. 19. 29-A MRSA §558, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
 
3. Suspension of registrations. After receiving notice pursuant to subsection 2, the Secretary of State shall suspend the person's operating authority license, allcommercial registration certificates and plates and the privilege to operate a commercial motor vehicle in this State. The suspension must remain in effect until the person appears in court and complies with a court order.
Sec. 20. 29-A MRSA §559, as amended by PL 1995, c. 65, Pt. A, §95 and affected by §153 and Pt. C, §15, is repealed.
Sec. 21. 29-A MRSA §562, sub-§3, as amended by PL 2001, c. 361, §16, is further amended to read:
 
3. Powers and duties. The board shall review the records of motor carriers with significant and repeated motor carrier violations. The board may hold a hearing as part of its review and must hold a hearing if requested by the motor carrier. The board may recommend to the Secretary of State that the motor carrier's operating authority license or privilege to operate commercial vehicles in the State be suspended.
Sec. 22. 29-A MRSA §957, sub-§4, as amended by PL 2007, c. 5, §2, is further amended to read:
 
4. Unattended sales promotion. The Secretary of State may issue to a dealer a permit to operate an unattended sales promotion. A request for an unattended sales promotion must be submitted to the Secretary of State at least 48 hours before the proposed promotion and contain the proposed promotion dates and, if applicable, a copy of a contract between the dealer and the promotion sponsor. The promotion and any use of a location must comply with applicable building codes and zoning and land use ordinances. A new vehicle dealer who requests a permit under this subsection for a promotion involving new vehicles may not locate the promotion outside that dealer's area of responsibility as defined by the dealer's franchise agreement. An equipment dealer or trailer dealer is exempt from this subsection if the sales promotion does not include motor vehicles and does not exceed 90 continuous days. The fee for an unattended sales promotion is:
 
A.  Fifty dollars if the promotion runs 7 days or less;
 
B.  One hundred dollars if the promotion runs between 8 and 60 days; or
 
C.  One hundred fifty dollars if the promotion runs more than 60 days.
 
A dealer who operates an unattended sales promotion at a charity event where a vehicle is displayed as a prize is exempt from the permit fee requirements.
Sec. 23. 29-A MRSA §1611, sub-§3, as amended by PL 2001, c. 361, §30, is further amended to read:
 
3. Maintenance of insurance. The owner or owners of any vehicle subject to this section shall maintain at all times the required amount of insurance or bond during the term of the vehicle's registration. Notwithstanding section 1606, the insurance provider must provide at least 30 days' notice of cancellation of insurance to the Secretary of State. For vehicles registered in this State, the Secretary of State shall immediately suspend or revoke, pursuant to chapter 23, the registration certificate and registration plates of any vehicle for which the insurance or bond in the amounts required is not maintained. Any person whose registration certificate,and registration plates and operating authority license have been suspended or revoked pursuant to this section shall immediately return the registration certificate,and registration plates and the operating authority license to the Secretary of State. For vehicles not required to be registered in this State, the Secretary of State shall suspend the person's operating authority license or right to operate in this State.
Sec. 24. 29-A MRSA §1611, sub-§4, as amended by PL 2009, c. 435, §20, is repealed.
Sec. 25. 29-A MRSA §1611, sub-§5, as amended by PL 1995, c. 645, Pt. A, §15, is further amended to read:
 
5. Coverage of insurance or bond. The required insurance policy or bond must adequately provide liability insurance for the collection of damages for which the holder of a permit or the owner of a motor vehicle or vehicles may be liable by reason of the operation of a motor vehicle or vehicles subject to this chapter.
Sec. 26. 29-A MRSA §2356, sub-§8, as affected by PL 1995, c. 65, Pt. A, §153 and enacted by Pt. C, §8 and affected by §15, is amended to read:
 
8. Suspension of registrations. After receiving notice pursuant to subsection 7, the Secretary of State shall suspend the person's operating authority license, allcommercial registration certificates and plates and the privilege to operate a commercial motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order.
Sec. 27. 29-A MRSA §2360, sub-§11, as corrected by RR 1995, c. 2, §72, is amended to read:
 
11. Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the person holding the operating authority license from the Secretary of Stateacting as a motor carrier as determined by the United States Department of Transportation census number.
Sec. 28. 29-A MRSA §2360, sub-§12, as affected by PL 1995, c. 65, Pt. A, §153 and enacted by Pt. C, §10 and affected by §15, is repealed.
Sec. 29. 29-A MRSA §2360, sub-§14, as affected by PL 1995, c. 65, Pt. A, §153 and enacted by Pt. C, §10 and affected by §15, is amended to read:
 
14. Suspension of registrations. After receiving notice pursuant to subsection 13, the Secretary of State shall suspend the person's operating authority license, allcommercial registration certificates and plates and the privilege to operate a commercial motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order.
Sec. 30. 29-A MRSA §2458, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
 
1. Suspension or revocation after hearing. The Secretary of State, after hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority licenseprivilege to operate a commercial motor vehicle for any cause considered by the Secretary of State to be sufficient.
Sec. 31. 29-A MRSA §2458, sub-§2, as amended by PL 2007, c. 438, §3, is further amended to read:
 
2. Suspension or revocation without hearing. The Secretary of State, without preliminary hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority licenseprivilege to operate a commercial motor vehicle of a person on showing by the Secretary of State's records or other sufficient evidence that the person:
 
A.  Has committed an offense for which mandatory suspension or revocation of license or registration is required;
 
B.  Has been convicted or adjudicated for offenses against traffic regulations governing the movement of vehicles with such frequency as to indicate a disrespect for traffic laws and disregard for the safety of other persons on public ways;
 
C.  Is a reckless or negligent driver of a motor vehicle, as established by the demerit point system authorized by subsection 3, a record of accidents or other evidence;
 
D.  Is incompetent to drive a motor vehicle;
 
E.  Has permitted an unlawful or fraudulent use of a license;
 
F.  Has committed an offense in a jurisdiction of the United States or a province that, if committed in this State, would be grounds for suspension or revocation;
 
G.  Has been convicted of failing to stop for a police officer;
 
H.  Has been convicted of reckless driving or driving to endanger under section 2413;
 
I.  Has failed to appear in court on the day specified, either in person or by counsel, after being ordered to do so to answer any violation of chapter 5, subchapter II2;
 
J.  Has failed to provide sufficient proof of ownership or other documentation in support of the person's title claim;
 
K.  Is subject to action of the Secretary of State pursuant to section 154 or section 668;
 
L.  Has failed to provide proof of payment of the use tax imposed by the United States Internal Revenue Code of 1954, Section 4481, within time periods established by federal statute and regulations;
 
M.  Has violated a provision of the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII, or rules and regulations promulgated and adopted under that Act;
 
N.  Has failed to surrender to the Secretary of State a commercial driver's license that has been suspended or revoked;
 
O.  Has a license, permit or the privilege to apply for or obtain a license suspended or revoked by a jurisdiction of the United States or a province;
 
P.  Has failed to provide a valid social security number pursuant to section 1301;
 
Q.  Has, as a condition of bail pursuant to Title 15, chapter 105-A or, if a juvenile, as a condition of release pursuant to Title 15, chapter 505, been ordered not to operate a motor vehicle. If the conditions of bail or release allow a person to operate a motor vehicle only under certain conditions or with restrictions on time, place or purpose, the Secretary of State may, without hearing, issue a restricted license reflecting the restrictions imposed;
 
R.  Is not in compliance with the conditions and requirements of the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Public Law 107-56, 115 Stat. 272;
 
S.  Has failed to deliver or assign the certificate of title upon the request of the Secretary of State;
 
T. Has failed to comply with the provisions of Title 36, chapter 459; or
 
U.  Has failed to provide the information required in section 401, subsection 2.
Sec. 32. 36 MRSA §1483, sub-§13, as amended by PL 2007, c. 627, §32, is further amended to read:
 
13. Certain buses. Buses used for the transportation of passengers for hire in interstate or intrastate commerce, or both, by carriers engaged in furnishing common carrier passenger service under an operating authority license issued pursuant to Title 29A, section 552. At the option of the appropriate municipality, those buses may be subject to the excise tax provided in section 1482;
Sec. 33. 36 MRSA §2909, first ¶, as repealed and replaced by PL 2003, c. 390, §14, is amended to read:
A person engaged in furnishing common carrier passenger service under an operating authority license issued pursuant to Title 29-A, section 552 is entitled to reimbursement of the tax paid on internal combustion engine fuel used by that person in locally encouraged vehicles. For purposes of calculating reimbursement due pursuant to this section, internal combustion engine fuel used in a person's locally encouraged vehicles is presumed to bear the same proportional relationship to internal combustion engine fuel used in all of the person's passenger vehicles that the person's commutation fare revenue derived from service provided by locally encouraged vehicles bears to the person's total passenger fare revenue. "Commutation fare revenue" means revenue attributable to fares of 60¢ or less and fares paid for commutation or season tickets for single trips of less than 30 miles or for commutation tickets for one month or less. "Total passenger fare revenue" means all revenue attributable to the claimant's passenger operations. "Locally encouraged vehicles" means buses upon which no excise tax is collected under section 1483, subsection 13.
Sec. 34. 36 MRSA §3215, first ¶, as repealed and replaced by PL 2003, c. 390, §16, is amended to read:
A person engaged in furnishing common carrier passenger service under an operating authority license issued pursuant to Title 29-A, section 552 is entitled to reimbursement of the tax paid on special fuel used by that person in locally encouraged vehicles. For purposes of calculating reimbursement due pursuant to this section, special fuel used in a person's locally encouraged vehicles is presumed to bear the same proportional relationship to special fuel used in all of the person's passenger vehicles that the person's commutation fare revenue derived from service provided by locally encouraged vehicles bears to the person's total passenger fare revenue. "Commutation fare revenue" means revenue attributable to fares of 60¢ or less and fares paid for commutation or season tickets for single trips of less than 30 miles or for commutation tickets for one month or less. "Total passenger fare revenue" means all revenue attributable to the claimant's passenger operations. "Locally encouraged vehicles" means buses upon which no excise tax is collected under section 1483, subsection 13.
Sec. 35. 36 MRSA §3219-A, sub-§1, ¶D, as enacted by PL 1995, c. 271, §11, is amended to read:
 
D.  Detain any motor vehicle for the purpose of inspecting its fuel tanks. Detainment may continue for a reasonable period of time as necessary to determine the amount and composition of the fuel. Designated agents and officers may take and remove samples of fuel in reasonable quantities in order to determine compliance with the provisions of this chapter; and
Sec. 36. 36 MRSA §3219-A, sub-§1, ¶E, as enacted by PL 1995, c. 271, §11, is amended to read:
 
E.  Suspend vehicle registrations in the name of any carrier that has violated the provisions of this chapter and the right to operate as provided in Title 29-A, section 2458; and.
Sec. 37. 36 MRSA §3219-A, sub-§1, ¶F, as enacted by PL 1995, c. 271, §11, is repealed.
 
SUMMARY
This bill makes several changes to the motor vehicle laws.
1. It repeals the requirement that the prior certificate of registration be returned to the Secretary of State when a registration is transferred or canceled.
2. It permits a disabled veteran who has been issued disabled veterans registration plates to park in a disability parking space without the need to obtain a separate disability placard.
3. It amends various provisions of law by removing references to motor carrier operating authority.
4. It clarifies that a car dealer operating an unattended sales promotion at a charity event is exempt from permit fees when a vehicle is displayed as a prize.
5. It updates motor carrier operating authority requirements by removing motor carrier intrastate operating authority requirements and correcting associated references related to insurance and suspension of authority.
6. It corrects cross-references to provisions of law repealed in the bill.