For purposes of this subsection, the 6 months' driving experience must be immediately before the novice incentive licensee's application for the waiver and may include driving on an instruction permit described under section 1304.

4.__Notice and conditions of waiver.__Upon granting a waiver under subsection 3, the Secretary of State shall notify the novice incentive licensee in writing.__The notification letter must state the hours that the novice incentive licensee is permitted to operate, the activity or employment for which the waiver is granted, the location of the activity or employment and the period of time for which the waiver is granted.__A waiver granted to a student for employment purposes applies only on nonschool days.__The granting of a waiver becomes part of the novice incentive licensee's driving record.

5.__Violation.__A novice incentive licensee who violates subsection 1 commits a traffic infraction.__The Secretary of State shall consider a violation of subsection 1 a moving violation.__It is a valid defense to a violation of subsection 1 if the novice incentive licensee establishes the following:

A. The novice incentive licensee was in possession of a notarized letter containing the specified information as required by subsection 2 at the time the novice incentive licensee was cited for a violation of subsection 1;

B. The facts alleged in the notarized letter as required by subsection 2 were true at the time the novice incentive licensee was cited; and

C. The novice incentive licensee was en route to or from the activity or employment authorized by the letter pursuant to subsection 2.

6.__Transition.__A license issued before January 1, 2004 is not subject to the provisions of this section.

Sec. 5. 29-A MRSA §1304, sub-§1, ķE, as repealed and replaced by PL 2001, c. 710, §13 and affected by §14, is amended to read:

E. Unless the permittee is operating a motorcycle or motor-driven cycle, the permit requires the permittee to be accompanied by a licensed operator who: