Maine § 29-A §1352 Motorcycle rider education

Maine Statutes

§ 29-A §1352 — Motorcycle rider education

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

1.Motorcycle rider education required. Notwithstanding any other provision of law, a motorcycle learner's permit, license or endorsement may not be issued to a person, unless that person presents a certificate of successful completion of a motorcycle rider education course and examination approved by the Secretary of State.

2.Education course. The following provisions apply to motorcycle rider education courses. 2-A. Motorcycle rider education schools. A person may not conduct a motorcycle rider education course unless the person is licensed as a motorcycle rider education school and employs instructors licensed by the Secretary of State. 2-B. Penalty. Operating a motorcycle rider education school without a license is a Class E crime. A licensed motorcycle rider education school that fai

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1.
Motorcycle rider education required.
Notwithstanding any other provision of law, a motorcycle learner's permit, license or endorsement may not be issued to a person, unless that person presents a certificate of successful completion of a motorcycle rider education course and examination approved by the Secretary of State.
2.
Education course.
The following provisions apply to motorcycle rider education courses.
2-A.
Motorcycle rider education schools.
A person may not conduct a motorcycle rider education course unless the person is licensed as a motorcycle rider education school and employs instructors licensed by the Secretary of State.
2-B.
Penalty.
Operating a motorcycle rider education school without a license is a Class E crime. A licensed motorcycle rider education school that fails to comply with the requirements of subsection 2‑A, paragraph A commits a traffic infraction.
3.
Instructors; instructor license requirements.
The Secretary of State shall adopt rules governing the issuance and renewal of instructor licenses. The following provisions apply to the licensing of instructors.
3-A.
Penalty.
Providing motorcycle rider education instruction without a license is a Class E crime. A licensed motorcycle rider education instructor that fails to comply with the requirements of subsection 3, paragraph E or qualification standards and requirements established by the Secretary of State under subsection 3, paragraph B, subparagraph (2) commits a traffic infraction.
4.
Instructor availability.
When a licensed instructor is not available in a geographic area, the Secretary of State may assign a qualified instructor for the course subject to the following provisions.
5.
Completion certificates.
An instructor shall issue a completion certificate to a student who has successfully completed the course. The certificate may be used as a temporary motorcycle permit for the operation of a motorcycle for 60 days from the course completion date displayed on the front of the certificate. The individual must be in possession of the certificate while operating a motorcycle, must wear a helmet and cannot carry passengers while operating a motorcycle. If "passed 3-Wheel BRC" is stamped on the front of the certificate, the individual is restricted to the operation of a 3-wheel motorcycle.
6.
Waiver of examination.
The Secretary of State may waive the required:
7.
Suspension and revocation of license; hearings.
The Secretary of State may suspend, revoke or refuse to issue or renew a motorcycle rider education school or instructor license, or deny a certificate of completion, for just cause or for noncompliance with statutory and regulatory requirements in accordance with the Maine Administrative Procedure Act. A person refused a license, or denied a certificate of completion, or whose license is suspended or revoked may request a hearing with the Secretary of State. A requested hearing must be conducted pursuant to chapter 23, subchapter 3, article 3.

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Legislative History

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 65, §B14 (AMD). PL 1995, c. 505, §14 (AMD). PL 1995, c. 505, §22 (AFF). PL 1997, c. 776, §38 (AMD). PL 1999, c. 470, §21 (AMD). PL 2001, c. 671, §26 (AMD). PL 2003, c. 545, §5 (REV). PL 2005, c. 411, §1 (AMD). PL 2005, c. 577, §§20,21 (AMD). PL 2007, c. 383, §23 (AMD). PL 2013, c. 381, Pt. B, §§18, 19 (AMD). PL 2015, c. 473, §§15, 16 (AMD). PL 2017, c. 229, §23 (AMD). PL 2019, c. 337, §§1-5 (AMD). PL 2021, c. 216, §§39-41 (AMD).