Maine Revised Statutes Title 29-A Sec. 1253 – Commercial licenses
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Classifications. A Class A or Class B license, or a Class C license carrying an endorsement under subsection 3, is a commercial license.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 1253
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. See Maine Revised Statutes Title 29-A Sec. 101Conviction: A judgement of guilt against a criminal defendant. Hazardous material: means any material that has been designated as hazardous under 49 United States Code §§ 5101 to 5127 (2003) and is required to be placarded under Title 49 of the Code of Federal Regulations, Part 172, Subpart F or any quantity of material listed as a select agent or toxin in Title 42 of the Code of Federal Regulations, Part 73. See Maine Revised Statutes Title 29-A Sec. 101 License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Motor carrier: means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Statute: A law passed by a legislature. Tank vehicle: means a commercial motor vehicle that is designed to transport liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregated rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. See Maine Revised Statutes Title 29-A Sec. 101 Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Trailer: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on railroad tracks, and so constructed that no part of its weight rests upon the towing vehicle. See Maine Revised Statutes Title 29-A Sec. 101 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Compliance with federal law. The State must comply with the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII, the federal Motor Carrier Safety Improvement Act of 1999, Public Law 106-159, 113 Stat. 1748 and regulations adopted under those Acts in issuing or suspending a commercial license. In the case of any conflict between the federal statute or regulation and a statute or rule of this State, the federal statute or regulation must apply and take precedence. To ensure compliance, the Secretary of State shall adopt rules, administrative procedures, practices and policies, organizational structures, internal control mechanisms and resource assignments.
These compliance measures must include, but are not limited to, provisions that:
A. Provide for full state participation in the national commercial driver’s license clearinghouse; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. Require commercial drivers to have a single license; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. Reduce and prevent commercial motor vehicle accidents, fatalities and injuries by disqualifying commercial drivers who have committed serious traffic or other designated offenses from operating commercial motor vehicles; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
D. (TEXT EFFECTIVE UNTIL 1/01/25) Protect public safety by removing from public ways a commercial driver who has:
(1) Operated or attempted to operate a commercial vehicle while having an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;
(2) Refused to submit to or complete a lawfully requested test to determine that driver’s alcohol level; or
(3) Operated or attempted to operate a motor vehicle while under the influence of intoxicating liquor or drugs; and [PL 2009, c. 447, §27 (AMD).]
D. (TEXT EFFECTIVE 1/01/25) Protect public safety by removing from public ways a commercial driver who has:
(1) Operated or attempted to operate a commercial vehicle while having an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath;
(2) Refused to submit to or complete a lawfully requested test to determine that driver’s alcohol level; or
(3) Operated or attempted to operate a motor vehicle while under the influence of intoxicating liquor or drugs; [PL 2023, c. 108, §1 (AMD); PL 2023, c. 108, §4 (AFF).]
E. (TEXT EFFECTIVE UNTIL 1/01/25) Provide maximum safety on public ways. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
E. (TEXT EFFECTIVE 1/01/25) Provide maximum safety on public ways; and [PL 2023, c. 108, §2 (AMD); PL 2023, c. 108, §4 (AFF).]
F. (TEXT EFFECTIVE 1/01/25) Allow for the reinstatement, in accordance with 49 C.F.R. § 383.51(a)(6) (2023), of a commercial license of any driver who has been disqualified for life from operating a commercial motor vehicle for offenses described in paragraphs (b)(1) to (b)(8) of Table 1 to 49 C.F.R. § 383.51 (2023). [PL 2023, c. 108, §3 (NEW); PL 2023, c. 108, §4 (AFF).]
[PL 2023, c. 108, §§1-3 (AMD); PL 2023, c. 108, §4 (AFF).]
3. Endorsements for double or triple trailers, buses, tank vehicles or hazardous materials. Operation of a double or triple trailer, bus or tank vehicle requiring a commercial driver’s license or a vehicle carrying hazardous materials requiring a placard requires a special endorsement on a commercial license.
An endorsement may be made under this subsection only after the applicant has successfully passed the examination for the specific vehicle.
To retain a hazardous material endorsement on renewal of a commercial license, a reexamination of the hazardous material written test is required.
A person who applies for or receives a hazardous material endorsement must comply 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.
[PL 2013, c. 381, Pt. B, §13 (AMD).]
4. Air brakes. If an applicant either fails the air brake component of the examination under subsection 3 or performs the examination in a vehicle not equipped with air brakes, that person is prohibited from operating a commercial motor vehicle equipped with air brakes. The license must be so restricted.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
5. Operation with an alcohol level of 0.04 grams or more or under the influence of intoxicating liquor or drugs. The Secretary of State shall suspend, without preliminary hearing, the commercial license of a person who has operated or attempted to operate a commercial motor vehicle while having an alcohol level of 0.04 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath or while under the influence of intoxicating liquor or drugs.
The period of suspension must satisfy the regulations adopted by the United States Secretary of Transportation under the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII.
[PL 2009, c. 447, §28 (AMD).]
6. Human trafficking prevention; information. A commercial driver’s license issued or renewed by the Secretary of State must be accompanied by information that outlines how to recognize human trafficking and how to report human trafficking and includes a telephone number for a national human trafficking hotline.
[PL 2017, c. 192, §1 (NEW).]
7. Conviction for severe forms of trafficking in persons. The Secretary of State shall permanently revoke, without preliminary hearing, the commercial driver’s license of a person who has been convicted of a felony involving an act or practice of severe forms of trafficking in persons, as defined in 22 United States Code § 7102.11 (2000), in which a commercial motor vehicle was used.
[PL 2023, c. 257, §12 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 2003, c. 434, §§15,16 (AMD). PL 2003, c. 434, §37 (AFF). PL 2003, c. 652, §B6 (AMD). PL 2003, c. 652, §B8 (AFF). PL 2005, c. 433, §15 (AMD). PL 2009, c. 447, §§27, 28 (AMD). PL 2013, c. 381, Pt. B, §13 (AMD). PL 2017, c. 192, §1 (AMD). PL 2023, c. 108, §§1-3 (AMD). PL 2023, c. 108, §4 (AFF). PL 2023, c. 257, §12 (AMD).