Public Laws

124th Legislature

Second Regular Session



Chapter 598

S.P. 599 - L.D. 1562

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 B, 5, is repealed.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 517, sub-2, as amended by PL 2009, c. 435, 4, is further amended to read:

2.Plates. The Secretary of State shall issue distinctive plates that expire at the end of a 6-year period for state plates and a 10-year period for municipal plates within the semipermanent plate program. Notwithstanding section 501, subsection 11, the Secretary of State shall issue distinctive municipal plates under this subsection to a low-speed vehicle owned by a municipality or loaned by a dealer to a municipality. Vehicles owned by the State may display a marker or insignia, approved by the Secretary of State, plainly designating them as owned by the State.

The Secretary of State may issue environmental or sportsman registration plates to a state-owned vehicle assigned to the Department of Inland Fisheries and Wildlife or the Department of Conservation with authorization from the department's commissioner. The Secretary of State may issue environmental or sportsman registration plates to a state-owned vehicle assigned to the Baxter State Park Authority with authorization from the Commissioner of Inland Fisheries and Wildlife in the commissioner's capacity as a member of the Baxter State Park Authority. A state-owned vehicle issued environmental or sportsman registration plates must display a marker or insignia designating the vehicle as state-owned and is exempt from registration fees and the contribution under section 455, subsection 4.

The Secretary of State may issue agricultural education plates to a state-owned vehicle assigned to the Department of Agriculture, Food and Rural Resources with authorization from the Commissioner of Agriculture, Food and Rural Resources. A state-owned vehicle issued agricultural education plates must display a marker or insignia designating the vehicle as state-owned and is exempt from registration fees and the contribution under section 456-F, subsection 2.

The Secretary of State may issue lobster plates to a state-owned vehicle assigned to the Department of Marine Resources with authorization from the Commissioner of Marine Resources. A state-owned vehicle issued lobster plates must display a marker or insignia designating the vehicle as state-owned and is exempt from registration fees and the contribution under section 456-A, subsection 2.

Sec. 4. 29-A MRSA 520, sub-1, as amended by PL 1999, c. 790, Pt. C, 17 and affected by 19, is further amended to read:

1.Registration fee. The annual registration fee for special equipment, based on gross weight, is $10 for equipment weighing one to 2,000 pounds; $15 for 2,001 to 5,000 pounds; and $20 for over 5,000 pounds.

Registrations under this section may be issued for 2 years for a fee twice that of the annual registration fee.

Sec. 5. 29-A MRSA 521, sub-14is enacted to read:

14. Disabled veterans parking. A person qualifying for special designation plates pursuant to section 523, subsection 1 or 2 may request disabled veterans parking registration plates.

Disabled veterans parking registration plates must bear the words "Disabled Veteran," the American flag and the International Symbol of Access in compliance with subsection 2.

Sec. 6. 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. 7. 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. 8. 29-A MRSA 551, sub-6 is enacted to read:

6. Penalty. A violation of this subchapter or of any rule adopted pursuant to subchapter is a traffic infraction for which a fine of not less than $250 for the first offense and not less than $500 for a 2nd or subsequent offense may be adjudged.

Sec. 9. 29-A MRSA 552, as amended by PL 2009, c. 435, 6, is repealed.

Sec. 10. 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. 11. 29-A MRSA 556, sub-1, as amended by PL 1995, c. 482, Pt. B, 15 and affected by 22, is repealed.

Sec. 12. 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. 13. 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. 14. 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. 15. 29-A MRSA 556, sub-5, as amended by PL 1995, c. 482, Pt. B, 15 and affected by 22, is repealed.

Sec. 16. 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. 17. 29-A MRSA 556, 2nd , as enacted by PL 1993, c. 683, Pt. A, 2 and affected by Pt. B, 5, is repealed.

Sec. 18. 29-A MRSA 556, 3rd , as enacted by PL 1993, c. 683, Pt. A, 2 and affected by Pt. B, 5, is repealed.

Sec. 19. 29-A MRSA 556, 4th , as enacted by PL 1993, c. 683, Pt. A, 2 and affected by Pt. B, 5, is repealed.

Sec. 20. 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. 21. 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. 22. 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, all commercial 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. 23. 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. 24. 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. 25. 29-A MRSA 603, sub-3-A, as amended by PL 2007, c. 703, 22, is further amended to read:

3-A.Expedited issuance of document. An applicant requesting the immediate expedited issuance of a document described in subsection 1 must pay an additional fee of $10 and state the reason for the request. The Secretary of State shall determine if an immediate expedited issuance is warranted and process the request accordingly.

Sec. 26. 29-A MRSA 652, sub-15, as amended by PL 2003, c. 490, Pt. D, 3, is further amended to read:

15.Other vehicles. A vehicle required to be registered under section 109, subsection 3 for which a current certificate of title has been issued in another state; and

Sec. 27. 29-A MRSA 652, sub-16, as enacted by PL 2003, c. 490, Pt. D, 4, is amended to read:

16.Low-speed vehicle. A low-speed vehicle loaned by a dealer to a municipality . ; and

Sec. 28. 29-A MRSA 652, sub-17 is enacted to read:

17. Off-road vehicle. An off-road vehicle.

Sec. 29. 29-A MRSA 664-A, sub-1, as enacted by PL 1997, c. 437, 20, is amended to read:

1.Vehicle sold by dealer. A vehicle that is sold by a dealer must be accompanied by a properly assigned and valid certificate of title or certificate of salvage at the time of its sale. A dealer may retain and process certificates of title and certificates of salvage at the dealer’s primary facility if in the case when the dealer displays a vehicle at an annex facility the dealer maintains a copy of the certificate of title or certificate of salvage at the annex facility.

Sec. 30. 29-A MRSA 667, sub-4, as amended by PL 2001, c. 361, 23 and 24 and affected by 38, is further amended to read:

4.Repaired or rebuilt vehicle. If a salvage vehicle is repaired or rebuilt for operation on a public way, the vehicle may only be titled or registered for operation or offered for sale in this State if:
A.The identification number of the vehicle and its component parts are inspected and verified; and
C.If necessary, a new vehicle identification number is assigned.

Upon demand of the Secretary of State or a transferee, a repairer or rebuilder shall produce receipts of purchase of the vehicle or for component parts used in the repairing or rebuilding process, or both. If new parts are not used to rebuild a salvage vehicle, the rebuilder shall produce the vehicle identification number of the vehicles from which the parts were taken and the certificates of title or the certificates of salvage for the vehicles if not already surrendered. The repairer or rebuilder shall disclose, in writing, to the transferee of a repaired or rebuilt salvage vehicle the fact that the vehicle was a salvage vehicle and shall disclose what repairs were made to the vehicle.

The Secretary of State may refuse to title any vehicle declared to be salvage in another jurisdiction.

Sec. 31. 29-A MRSA 667, sub-5, as amended by PL 2001, c. 361, 25 and affected by 38, is further amended to read:

5.Distinctive. The following legends apply to certificates of title issued subsequent to issuance of certificates of salvage for vehicles.
B.The legend "rebuilt salvage" must appear on a certificate of title for a rebuilt salvage vehicle if:

(1) Two or more vehicles with different frames are joined;

(2) A salvage vehicle has 5 or more component parts replaced;

(3) A certificate of title with the legend "rebuilt salvage" issued by the Secretary of State or by any other jurisdiction accompanies an application to the State for a subsequent certificate of title; or

(4) A total vehicle loss has been repaired by the use of a front or rear clip.

C.The legend "rebuilt" must appear on a certificate of title for a rebuilt salvage vehicle if:

(1) A salvage vehicle has at least one, but less than 5, component parts replaced. Notwithstanding section 602, subsection 2, for the purposes of this subsection, airbags are not considered a component part; or

(2) A certificate of title with the legend "rebuilt" issued by the Secretary of State or by any other jurisdiction accompanies an application to the State for a subsequent certificate of title.

D.If a salvage vehicle for which a certificate of title has been issued by this State with any of the legends described in this section is subsequently titled in another jurisdiction and later retitled in this State, any subsequent certificate of title from this State must also contain the legends appearing on the previous certificate of title from this State.
E.The legend "salvage" must appear on a certificate of title if:

(1) A vehicle has no marketable value other than the value of the basic material or parts used in the construction of the vehicle;

(2) A vehicle is sold with a stipulation that it is only to be used for the benefit of its parts; and

(3) A certificate of title previously issued by the Secretary of State or by any other jurisdiction bearing the legend "salvage" accompanies an application to the State of a subsequent certificate of title.

F.The legend "repaired" must appear on a certificate of title for a repaired salvage vehicle if the vehicle is repaired as defined in section 602, subsection 12.

The Secretary of State may apply a legend from a certificate of title issued by another jurisdiction to a subsequent title issued by this State.

Sec. 32. 29-A MRSA 701, sub-2, as enacted by PL 1993, c. 683, Pt. A, 2 and affected by Pt. B, 5, is amended to read:

2.Delivery by lienholder. The lienholder shall immediately deliver the certificate, application and fee to the Secretary of State within 30 days of receipt.

Sec. 33. 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. 34. 29-A MRSA 1404, as amended by PL 2009, c. 447, 29, is further amended to read:

1404. Coded licenses

The Secretary of State shall provide that a license issued to : a person less than 21 years of age bears a distinctive color code.

1. Under 21. A person less than 21 years of age bears a distinctive color code; and
2. Prior convictions. A person convicted of operating under the influence of intoxicating liquor or drugs or with an excessive alcohol level, as defined in section 2453, subsection 2, within 10 years of the date the license is issued, reissued or returned after a period of suspension bears a coded notation of that fact.

The Secretary of State may, at the request of a licensee, remove the coded notation from the license of a person convicted for a first operating-under-the-influence offense as defined in section 2453, subsection 2 after 6 years from the date of the conviction if the person has not been convicted or adjudicated of the offense of speeding more than 15 miles per hour over the maximum speed limit or any offense described under section 2551-A, subsection 1, paragraph A or had a license suspended or revoked within that 6-year period.

Sec. 35. 29-A MRSA 1606, sub-6, as enacted by PL 1993, c. 683, Pt. A, 2 and affected by Pt. B, 5, is amended to read:

6.Company doing business in another state. A policy is not effective unless issued by a company authorized to do business in this State or a company authorized to do business in the state where the vehicle is registered or, in the case of an operator’s policy, the state where the operator resides.

If a vehicle is not registered in this State on the effective date of the policy, the policy is not effective unless the company, if not authorized to do business in this State, executes a power of attorney authorizing the Secretary of State to accept service of notice or process on its behalf in any action on the policy arising from an accident.

Sec. 36. 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. 37. 29-A MRSA 1611, sub-4, as amended by PL 2009, c. 435, 20, is repealed.

Sec. 38. 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. 39. 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, all commercial 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. 40. 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 State acting as a motor carrier as determined by the United States Department of Transportation census number.

Sec. 41. 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. 42. 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, all commercial 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. 43. 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 license privilege to operate a commercial motor vehicle for any cause considered by the Secretary of State to be sufficient.

Sec. 44. 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 license privilege 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 II 2;
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 105A 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. 45. 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. 46. 29-A MRSA 2486, sub-2, as amended by PL 2009, c. 213, Pt. YYYY, 3, is further amended to read:

2.Allocation of fee. A reinstatement fee paid for a court-ordered suspension under section 2605 and 2608 must be deposited equally between the Highway Fund and the General Fund. Except for suspensions under section 2605 For all other suspensions, 85% of the reinstatement fee paid pursuant to subsection 1 accrues to the Highway Fund and 15% accrues to the General Fund.

Sec. 47. 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. 48. 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. 49. 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. 50. 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. 51. 36 MRSA 3219-A, sub-1, F, as enacted by PL 1995, c. 271, 11, is repealed.

Sec. 52. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 29A, chapter 5, subchapter 2 in the subchapter headnote, the words "operating authority" are amended to read "motor carrier registration" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Effective July 12, 2010

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333