Maine § 29-A §1253 Commercial licenses

Maine Statutes

§ 29-A §1253 — Commercial licenses

Maine·Title 29-A MOTOR VEHICLES AND TRAFFIC·Ch. 11 DRIVER'S LICENSE

1.Classifications. A Class A or Class B license, or a Class C license carrying an endorsement under subsection 3, is a commercial license.

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 mechanism

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1.
Classifications.
A Class A or Class B license, or a Class C license carrying an endorsement under subsection 3, is a commercial license.
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.
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.
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.
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.
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.
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, Section 7102.11 (2000), in which a commercial motor vehicle was used.
8.
Query of drug and alcohol clearinghouse.
Beginning no later than November 18, 2024, the Secretary of State shall query the Federal Motor Carrier Safety Administration's drug and alcohol clearinghouse prior to the issuance, upgrade, renewal or transfer of a commercial driver's license or a commercial learner's permit and shall deny the transaction and initiate downgrade procedures if the query results indicate the driver is prohibited from operating a commercial motor vehicle.

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Legislative 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). PL 2023, c. 634, §23 (AMD).