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

Article: More Than 1,200 Truck Drivers Fail English-Language Tests

More than 1,200 U.S. truck drivers have been taken off the road after failing roadside English proficiency tests required by the Federal Motor Carrier Safety Administration. The effort, reinstated under Transportation Secretary Sean Duffy, is meant to improve safety by making sure drivers can read traffic signs, complete paperwork, and communicate clearly.

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Maine Webcast – July 9, 2025

This Webcast focused on human trafficking and its impact on commercial drivers in Maine courts. The presenter, Hon. Gayle Williams-Byers, provided an overview of human trafficking, including its definition, various forms, legal aspects, and statistics. The discussion covered myths about trafficking, economic impacts, legislation, and the importance of recognizing signs and raising awareness to combat this widespread issue.

Webcast: Access to Justice for Commercial Drivers in the Maine Traffic & Criminal Court System – April 7, 2021

Each year, over half a million crashes involving commercial motor vehicles occur on U.S. highways, many tied to repeat violators who might have been kept off the road if CDL/CMV laws were properly enforced. This webcast will address the tension between Access to Justice and the specialized legal requirements for CDL cases, highlighting the need for judges to understand federal and state laws that treat commercial drivers differently from non-commercial drivers.

Webcast: Ethically Handling Commercial Drivers in the Maine Criminal & Traffic Courts – October 7, 2020

This webcast will highlight the importance of judges understanding federal and state CDL/CMV regulations, which require courts to treat commercial drivers differently—even in cases involving personal vehicles or no traffic violations at all. With over half a million CMV-related crashes each year, many tied to repeat violators, proper enforcement and specialized court procedures are essential to ensuring safety and justice.