(4) Is licensed to operate the class vehicle operated by the permittee.

The accompanying operator must adhere to all restrictions applied to the license when functioning as the permittee's accompanying operator. A person who meets the conditions of subparagraphs (2), (3) and (4) whose license was canceled or suspended for physical, mental or emotional reasons within the immediately preceding 2 consecutive years may act as an accompanying operator pursuant to this paragraph with the approval of the Secretary of State.

Sec. 18. 29-A MRSA §1304, sub-§2, as amended by PL 1999, c. 470, §19, is further amended to read:

2. Motorcycle and moped. The following provisions apply to instruction permits for the operation of motorcycles, motor- driven cycles or mopeds.

A. A person must be at least 16 years of age to apply for a motorcycle, motor-driven cycle or moped instruction permit.

B. An applicant must pass a vision test and a knowledge test related specifically to the safe operation of a motorcycle, motor-driven cycle or moped.

C. An applicant for a motorcycle permit must complete a motorcycle driver education program as required by section 1352.

D. An instruction permit is valid for one year.

E. Failure to complete the driving test within 2 years from issue date requires reexamination for the instruction permit. In the case of a motorcycle or motor-driven cycle learner's permit, failure to complete the driving test within one year from issue date of the permit requires another completion of the motorcycle driver education course required by section 1352 before a subsequent permit is issued.

G. An instruction permit allows the holder to operate a motorcycle, motor-driven cycle or moped only during daylight hours. That permit does not allow the holder to carry a passenger.