Maine

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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

Code of Maine Rules
29 – DEPARTMENT OF THE SECRETARY OF STATE
250 – BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 6 – RULES FOR THE SUSPENSION OF COMMERCIAL DRIVERS’ LICENSES

Current through 131st (2023-2024) Legislature Chapter 486

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
- Section 250-6-1 – Purposes
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-1/
- Commercial Motor Vehicle Safety Act of 1986
  - https://www.congress.gov/bill/99th-congress/house-bill/5568
- Motor Carrier Safety Improvement Act of 1999
  - https://www.congress.gov/bill/106th-congress/house-bill/3419
- 49 CFR PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
  - https://www.ecfr.gov/current/title-49/part-383
- 49CFR PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM
  - https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-384
Section 250-6-2 -Definitions
- https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-2/
  - Commercial driver’s license
  - Chemical test
  - Commercial motor vehicle (CMV)
  - Controlled substance means
  - Conviction has the same meaning as that found in 49 CFR Section 383.5
  - Drugs
  - Hazardous
  - Non-commercial motor vehicle (Non-CMV)
  - Out-of-service order
  - Railroad, grade, or track crossing
  - Serious traffic violation
- 49CFR § 383.5 Definitions.
  - https://www.ecfr.gov/current/title-49/section-383.5
Major Disqualifying Offenses
- Section 250-6-4 – Suspension of commercial driver’s licenses on conviction or adjudication
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-4/
- 49 CFR § 383.51 – Disqualification of Drivers.
  - https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(b)
- 29-250 CMR 6.3. Suspension on administrative determination for operating a commercial motor vehicle while having 0.04% or more by weight of alcohol in the blood.
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/
Major Disqualifying Offenses (Alcohol)
Serious Traffic Violations
- 29-250 CMR 6.5. Suspension of commercial driver’s license on conviction or adjudication for multiple serious traffic violations.
  - 29-250 CMR 6.5. Suspension of commercial driver’s license on conviction or adjudication for multiple serious traffic violations.
- 49 CFR 383.51 Serious Traffic Violations
  - https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(c)
Identification of Conviction
- 29-250 CMR 6.2. Definitions.
  - https://legislature.maine.gov/statutes/29/title29.pdf
- 49CFR 383.5 Definition
  - https://www.ecfr.gov/current/title-49/part-383#p-383.5(Conviction)
Masking Convictions
- Section 250-6-1 – Purpose (see description)
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-1/
- 49 CFR § 384.226 – Prohibition on masking convictions
  - https://www.ecfr.gov/current/title-49/section-384.226
10-Day Posting Requirement
- Section 250-6-1 – Purpose (see description)
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-1/
- 49 CFR § 384.225 – CDLIS driver recordkeeping
  - https://www.ecfr.gov/current/title-49/section-384.225
- 49CFR § 384.209 Notification of traffic violations
  - https://www.ecfr.gov/current/title-49/section-384.209
- 49 CFR § 384.210 – Limitation on licensing
  - https://www.ecfr.gov/current/title-49/section-384.210

Suspension of commercial driver’s license on conviction or adjudication for violation of an out of service order
- Section 250-6-6 – Suspension of commercial driver’s license on conviction or adjudication for violation of an out of service order

Section 250-6-6 – Suspension of commercial driver’s license on conviction or adjudication for violation of an out of service order

49CFR 383.51 Disqualification for violating out-of-service orders.
- https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(e)
Suspension of commercial driver’s license on conviction or adjudication for a railroad, grade, or track crossing violation
- Section 250-6-7 – Suspension of commercial driver’s license on conviction or adjudication for a railroad, grade, or track crossing violation
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-7/
- 49CFR 383.51 Disqualification for railroad-highway grade crossing offenses.
  - https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(d)
Suspension of commercial driver’s license on conviction or adjudication of offenses committed while operating Non-CMVs
- Section 250-6-8 – Suspension of commercial driver’s license on conviction or adjudication of offenses committed while operating Non-CMVs
  - https://regulations.justia.com/states/maine/29/250/bureau-of-motor-vehicles/chapter-6/section-250-6-8/
- 49 CFR § 383.51 Disqualification of drivers.
  - https://www.ecfr.gov/current/title-49/section-383.51

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

https://www.ecfr.gov/current/title-49/part-383

- PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM

https://www.ecfr.gov/current/title-49/part-384

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.

https://www.ecfr.gov/current/title-49/section-383.5

- - Commerce

https://www.ecfr.gov/current/title-49/part-383#p-383.5(Commerce)

- - Commercial motor vehicle (CMV)

https://www.ecfr.gov/current/title-49/part-383#p-383.5(Commercial%20motor%20vehicle%20(CMV))

- - Conviction

https://www.ecfr.gov/current/title-49/part-383#p-383.5(Conviction)

- - Disqualification

https://www.ecfr.gov/current/title-49/part-383#p-383.5(Disqualification)

- § 384.105 Definitions.

https://www.ecfr.gov/current/title-49/section-384.105

Major Disqualifying Offenses

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 § 383.51 Disqualification of drivers.

https://www.ecfr.gov/current/title-49/part-383#p-383.51(b)

Major Disqualifying Offenses (Alcohol)

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 § 383.51 Disqualification of drivers.
- - https://www.ecfr.gov/current/title-49/part-383#p-383.51(b)
49 CFR § 383.72 – Implied consent to alcohol testing.

https://www.ecfr.gov/current/title-49/section-383.72

49 CFR § 392.5 – Alcohol prohibition

https://www.ecfr.gov/current/title-49/section-392.5

- - Driving a commercial motor vehicle while under the influence of alcohol

https://www.ecfr.gov/current/title-49/part-383#p-383.5(Driving%20a%20commercial%20motor%20vehicle%20while%20under%20the%20influence%20of%20alcohol)

Serious Traffic Violations

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.

Disqualification for serious traffic violations.
- 49 CFR 383.51(c)

https://www.ecfr.gov/current/title-49/part-383#p-383.51(c)

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

49CFR 383.51 Disqualification for violating out-of-service orders.
- https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(e)

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

49CFR 383.51 Disqualification for railroad-highway grade crossing offenses.
- https://www.ecfr.gov/current/title-49/part-383/section-383.51#p-383.51(d)
Suspension of commercial driver’s license on conviction or adjudication of offenses committed while operating Non-CMVs
- 49 CFR § 383.51 Disqualification of drivers.
  - https://www.ecfr.gov/current/title-49/section-383.51

Masking Convictions

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 § 384.226 – Prohibition on masking convictions
- https://www.ecfr.gov/current/title-49/section-384.226

10-Day Posting Requirement

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.