An Act To Update Driver Education Requirements
Sec. 1. 29-A MRSA §1304, sub-§1, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 2. 29-A MRSA §1304, sub-§1, ¶E, as amended by PL 2009, c. 43, §1, is further amended to read:
(1) Has held a valid license for at least 2 years;
(2) Is at least 20 25 years of age;
(3) Is occupying a seat beside the driver; and
(4) Is licensed to operate the class vehicle operated by the permittee.
The accompanying operator must adhere to all restrictions applied to the license when functioning as the permittee's accompanying operator.
Sec. 3. 29-A MRSA §1304, sub-§1, ¶H, as amended by PL 2007, c. 2, §1, is further amended to read:
(1) A period of 6 months has passed from the date the person was issued an instruction permit; and
(2) The person has completed a minimum of 35 70 hours of driving, including 5 10 hours of night driving, while accompanied by a parent, guardian or licensed driver at least 20 25 years of age. The parent, stepparent or guardian, or a spouse or employer pursuant to section 1302, subsection 1, paragraphs B and C, must certify the person's driving time on a form prescribed by the Secretary of State. A parent, stepparent, guardian, spouse or employer who certifies a driving log pursuant to this subsection and was not the licensed driver accompanying the applicant must provide the name and address of the licensed driver who accompanied the applicant for the majority of the 35 70 hours of driving. The Secretary of State may complete the certification for an applicant at least 18 years of age and who has no parent, stepparent, guardian, spouse or employer if the applicant provides the name and address of the licensed driver who accompanied the applicant for the majority of the 35 70 hours of driving.
A person 21 years of age or older is not required to submit certification of driving time to the Secretary of State.
Sec. 4. 29-A MRSA §1311, sub-§1, ¶B, as enacted by PL 2003, c. 286, §4, is amended to read:
Sec. 5. 29-A MRSA §1354, sub-§1, ¶B-1 is enacted to read:
Sec. 6. 29-A MRSA §1354, sub-§3, as amended by PL 2011, c. 556, §13, is further amended to read:
The following vehicles are not required to have dual controls and an identification sign listing the name of the school and a student driver sign:
(1) A vehicle that is being used to instruct a person with a disability and is specially equipped for use by a person with a disability; and
(2) A vehicle that is being used to instruct a person in possession of a valid Maine driver's license or instruction permit when the vehicle is not provided by the driver education school.
Sec. 7. 29-A MRSA §1354, sub-§10 is enacted to read:
Sec. 8. 29-A MRSA §2119, sub-§3, as amended by PL 2011, c. 654, §7, is repealed.
Sec. 9. 29-A MRSA §2119, sub-§4 is enacted to read:
Sec. 10. Secretary of State directed to amend rules governing driver education instructor licensing requirements. Before January 1, 2014, the Secretary of State shall amend rules authorized by the Maine Revised Statutes, Title 29-A, section 153 and section 1354, subsection 3 governing driver education instructor licensing requirements to clarify that a criminal background check must be conducted for a driver education instructor before a license is issued and a criminal background check may not be conducted for a driver education instructor when a license is renewed. Before January 1, 2014, the Secretary of State shall amend rules governing driver education instructor licensing requirements to clarify that completion of a basic first aid course approved by the American Red Cross or National Safety Council is required only for issuance of a license and not upon renewal of a license.
Sec. 11. Secretary of State directed to amend rules governing driver education. Before July 1, 2014, the Secretary of State shall amend rules authorized by the Maine Revised Statutes, Title 29-A, section 153 and section 1354, subsection 3 governing minimum qualifications, standards and procedures for the licensure of driver education schools to permit the use of communications technology as defined in Title 29-A, section 1354, subsection 1, paragraph B-1 for driver education instruction.
Sec. 12. Effective date. Those sections of this Act that enact the Maine Revised Statutes, Title 29-A, section 1354, subsection 1, paragraph B-1; amend section 1354, subsection 3; and enact section 1354, subsection 10 take effect July 1, 2014.
summary
This bill does the following.
1. Current law provides that a person who is 15 years of age or older may apply for a driving instruction permit, except that a person who has not attained 18 years of age must complete a course in driver education before applying for an instruction permit. The bill clarifies that an instruction permit may be issued only by the Secretary of State and not by a driver education school or instructor.
2. Under current law, the permit requires the permittee to be accompanied by a licensed operator who is at least 20 years of age. The bill requires that the accompanying driver be at least 25 years of age.
3. The bill provides that a person under 21 years of age may not apply for a license unless the person has completed 70 hours of driving, including 10 hours of night driving, while accompanied by a parent, guardian or licensed driver at least 25 years of age.
4. The bill provides that an intermediate license holder may not operate a motor vehicle between the hours of 9 p.m. and 5 a.m.
5. The bill provides that classroom instruction provided by a driver education school licensed in this State may be taught interactively through the use of communications technology, including the Internet, so that persons taking the classroom portion of the driver education requirement need not be physically present in a classroom. The effective date for this change in law is July 1, 2014. The bill directs the Secretary of State, before July 1, 2014, to amend current rules governing the licensure of driver education schools to permit the use of communications technology for driver education instruction.
6. The bill requires a driver education school to provide a performance bond to guarantee its performance and discharge of duties.
7. The bill changes a violation of the prohibition against engaging in text messaging while driving from a traffic infraction to a Class E crime, formerly known as a misdemeanor.
8. The bill directs the Secretary of State to amend current rules governing driver education instructor licensing requirements before January 1, 2014 to clarify that a criminal background check must be conducted for a driver education instructor before a license is issued and not when a license is renewed and that the completion of a basic first aid course is required only for issuance of a license and not upon renewal.