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 B, §5, is repealed.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 §517, sub-§2, as amended by PL 2009, c. 435, §4, is further amended to read:
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:
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-§14 is enacted to read:
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:
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:
Sec. 8. 29-A MRSA §551, sub-§6 is enacted to read:
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:
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. 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:
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:
"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:
Sec. 21. 29-A MRSA §558, sub-§1-B, ¶F is enacted to read:
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:
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:
Sec. 25. 29-A MRSA §603, sub-§3-A, as amended by PL 2007, c. 703, §22, is further amended to read:
Sec. 26. 29-A MRSA §652, sub-§15, as amended by PL 2003, c. 490, Pt. D, §3, is further amended to read:
Sec. 27. 29-A MRSA §652, sub-§16, as enacted by PL 2003, c. 490, Pt. D, §4, is amended to read:
Sec. 28. 29-A MRSA §652, sub-§17 is enacted to read:
Sec. 29. 29-A MRSA §664-A, sub-§1, as enacted by PL 1997, c. 437, §20, is amended to read:
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:
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:
(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.
(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.
(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.
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:
Sec. 33. 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. 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.
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:
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:
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:
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:
Sec. 40. 29-A MRSA §2360, sub-§11, as corrected by RR 1995, c. 2, §72, is amended to read:
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:
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:
Sec. 44. 29-A MRSA §2458, sub-§2, as amended by PL 2007, c. 438, §3, is further amended to read:
Sec. 45. 36 MRSA §1483, sub-§13, as amended by PL 2007, c. 627, §32, is further amended to read:
Sec. 46. 29-A MRSA §2486, sub-§2, as amended by PL 2009, c. 213, Pt. YYYY, §3, is further amended to read:
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:
Sec. 50. 36 MRSA §3219-A, sub-§1, ¶E, as enacted by PL 1995, c. 271, §11, is amended to read:
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.