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

Duffy threatens states’ funding over truck drivers’ English proficiency

  • Author: Elizabeth Crisp
  • Publication: The Hill
  • Date Published: September 26, 2025
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FMCSA Pumps the Brakes on New Trucking Regulations

  • Author: John Gallagher
  • Publication: Freight Waves
  • Date Published: September 4, 2025
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More Than 1,200 Truck Drivers Fail English-Language Tests

  • Author: Noël Fletcher
  • Publication: Transport Topics
  • Date Published: August 6, 2025
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President Trump’s Transportation Secretary Sean P. Duffy Announces Nationwide Audit of States Issuing Non-Domiciled Commercial Driver’s Licenses

  • Publication: FMCSA
  • Date Published: June 27, 2025
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Trucking Backs English Tests as Enforcement Begins

  • Author: Eric Miller
  • Publication: Transport Topics
  • Date Published: June 24, 2025
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Seated Standardized Field Sobriety Tests: An Added Tool for the Roadside Officer

  • Author: Jennifer Cifaldi
  • Publication: American Bar Association
  • Date Published: June 24, 2025
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Broadcast Library

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

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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.

Click here to view

Come to Order – 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: Autonomous Vehicles – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!

Come to Order – 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: Autonomous Vehicles – December 30, 2024

In the third episode in our series on autonomous vehicles, Judge Fowler and Judge Williams-Byers analyze how advancements in vehicle technology could impact impaired driving cases. When do drivers have actual physical control over autonomous vehicles and what impact will a law’s use of the word operating versus driving impact a case? Tune in to find out!

Come to Order – 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: Autonomous Vehicles – December 9, 2024

This episode of Come to Order continues the discussion on autonomous vehicles, focusing on level 4 and level 5 vehicles. The judges discuss the future of passenger vehicles at this level as well as commercial level 4 vehicles that are on the road today.

Come to Order – 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: Autonomous Vehicles – December 2, 2024

The first of a four-part series on autonomous vehicles, this episode introduces judges to levels 0-2 vehicles in the autonomous vehicle taxonomy and discusses emerging legal issues starting to appear in courtrooms. Level 1 and Level 2 (which includes Tesla cars and trucks) are prevalent on the roads across the country today. Judicial Ambassadors Judge Thomas Fowler from Arkansas and Judge Gayle Williams-Byers lead the discussion. Hosted by NJC Communications Director Barbara Peck.

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