Commercial Drivers Licensing Resources
For Judges

Maine

Cases
Statutes
Resources

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Cases

State v. Spiegel, 72 A.3d 519 (2013)

Following a conditional guilty plea after denial of motion to suppress, defendant was convicted in the Superior Court, Hancock County, of aggravated operating after habitual offender revocation, operating after habitual offender revocation, and criminal operating under the influence (OUI). Defendant appealed. The Supreme Judicial Court held that: [1] police officer had subjective and objectively reasonable suspicion that defendant was operating automobile while under the influence of intoxicants, and [2] defendant was precluded from collaterally challenging administrative license revocation and habitual offender determination even though they were predicted on prior convictions that had been struck. Affirmed.

Turner v. Secretary of State, 12 A.3d 1188 (2011)

Licensee sought judicial review of suspension of commercial driver’s license by the Secretary of State based in finding that licensee had operated a commercial vehicle with a blood-alcohol level in excess of 0.04%. The Superior Court, Somerset County, vacated decision. Secretary of State appealed. The Supreme Judicial Court held that officer had sufficient probable cause to require blood-alcohol test. Superior Court judgment vacated and license suspension affirmed.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Violations

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Suspension of commercial driver’s license on conviction or adjudication for a railroad, grade, or track crossing violation

Suspension of commercial driver’s license on conviction or adjudication of offenses committed while operating Non-CMVs

 

 

Code of Maine Rules

Title 29-A: MOTOR VEHICLES AND TRAFFIC

Chapter 11: DRIVER’S LICENSE

Subchapter 1: GENERAL PROVISIONS

Section 1253 – [Effective 1/1/2025]

Commercial licenses1.Classifications. A Class A or Class B license, or a Class C license carrying an endorsement under subsection 3, is a commercial license.

Adoption of Federal Regulations

  • 29-A M.R.S.A. § 1253

      • 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.

    • PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES

Definitions

  • 29-A M.R.S.A. § 1253

      • 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.

    • 49 CFR 383.5 Definitions.

    • 49 CFR 383.5 “Commerce”

    • 49 CFR 383.5 “Conviction”

    • 49 CFR 383.5 “Disqualification”

    • 49 CFR 384.105 Definitions

Major Disqualifying Offenses

      • 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.

  • 49 CFR § 383.51 Disqualification of drivers.

Major Disqualifying Offenses (Alcohol)

      • 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.

Serious Traffic Violations

      • 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.

Suspension of commercial driver’s license on conviction or adjudication for violation of an out of service order

Suspension of commercial driver’s license on conviction or adjudication for a railroad, grade, or track crossing violation

Masking Convictions

  • 29-A ME Rev Stat § 1253 – DRIVER’S LICENSE Subchapter 1: GENERAL PROVISIONS 29-A §1253. Commercial licenses

      • 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.

    • 49 CFR § 384.226 – Prohibition on masking convictions

10-Day Posting Requirement    

      • 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.

Other CDL Provisions

Resources

News

Deadly Texas crash prompts federal crackdown on truck licensing

  • Author: Amy Davis
  • Publication: Click 2 Houston
  • Date Published: September 29, 2025
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FMCSA launches modernized database that truckers can use to report safety violations and fraud

  • Author: Ashley
  • Publication: CDL Life
  • Date Published: September 24, 2025
Read Article >

Here’s what truckers have to say about FMCSA’s hours-of-service flexibility pilots

  • Author: Ashley
  • Publication: CDL Life
  • Date Published: September 24, 2025
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FMCSA revokes Robinhood ELD

  • Publication: Fleet Owner
  • Date Published: September 23, 2025
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Lawmakers Propose Extra English Proficiency Tests for Truck Drivers

  • Author: Jeremy Wolfe
  • Publication: FleetOwner
  • Date Published: September 16, 2025
Read Article >

Duffy threatens states’ funding over truck drivers’ English proficiency

  • Author: Elizabeth Crisp
  • Publication: The Hill
  • Date Published: September 26, 2025
Read Article >
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Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Come To Order – Human Trafficking – Episode Three

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Three: How Bias May Prevent Judges From Recognizing Human Trafficking – September 25, 2025

This episode continues our series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. It explores how biases may prevent judges from recognizing human trafficking in their courtrooms.

Guests include:

Dr. Joseph A. Vitriol, an assistant professor at Lehigh University in Pennsylvania. He holds a Ph.D. in social-personality and political psychology from the University of Minnesota, Twin Cities, and a BA/MA in forensic psychology from John Jay College of Criminal Justice.

Dr. Christine McDermott, who is a research fellow at the National Judicial College. She earned her Ph.D. and master’s in interdisciplinary social psychology from the University of Nevada, Reno and her bachelor’s degree from the University of Colorado, Colorado Springs.

Come To Order – Human Trafficking – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: How The Trucking Industry Is Fighting Human Trafficking & What Judges Need To Know – September 26, 2025

This is the final episode of our four-part series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. This episode focuses on how the trucking industry is fighting human trafficking and how that may impact how cases end up before a judge.

Guests include:

Jake Elovirta, the Director of Enforcement Programs for the Commercial Vehicle Safety Alliance; Judge Chris Turner, who is a Magistrate Judge and director of Judicial Outreach in the Third Judicial District in Shawnee County Kansas; and Dylan Wecht, a Public Sector Engagement Specialist for Truckers Against Trafficking.

Untitled design (6)

Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

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Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

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