An Act To Amend the Motor Vehicle Laws
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 B, §5, is repealed.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:
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:
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:
Sec. 6. 29-A MRSA §552, as amended by PL 2009, c. 435, §6, is repealed.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:
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.
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 B, §15 and affected by §22, is repealed.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 B, §5, is repealed.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:
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 B, §5, is repealed.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 B, §15 and affected by §22, is repealed.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:
"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:
Sec. 18. 29-A MRSA §558, sub-§1-B, ¶F is enacted to read:
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:
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:
Sec. 22. 29-A MRSA §957, sub-§4, as amended by PL 2007, c. 5, §2, is further amended to read:
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:
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:
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:
Sec. 27. 29-A MRSA §2360, sub-§11, as corrected by RR 1995, c. 2, §72, is amended to read:
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:
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:
Sec. 31. 29-A MRSA §2458, sub-§2, as amended by PL 2007, c. 438, §3, is further amended to read:
Sec. 32. 36 MRSA §1483, sub-§13, as amended by PL 2007, c. 627, §32, is further amended to read:
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:
Sec. 36. 36 MRSA §3219-A, sub-§1, ¶E, as enacted by PL 1995, c. 271, §11, is amended to read:
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.