Motorist Handbook and Study Guide Part I Maine Driver's License Driving a motor vehicle on public highways in Maine is a privilege and a serious responsibility. The ability to drive a car, truck or motorcycle widens your horizons. It helps you do your job, visit friends and relatives and enjoy your leisure time. A motor vehicle used unwisely or carelessly, can be fatal. More than 30,000 people die each year in the United States because of motor vehicle accidents. To obtain your driver's license you must know the rules of the road and how to safely drive a car or other vehicle in traffic. But becoming a safe, intelligent driver takes time and effort, and the process really only begins when you get your license. Maine has over 1,000,000 licensed drivers. Acquiring a Maine Driver's License____________________________ Who Needs a Maine Driver's License? * Any resident of the State who wishes to operate a motor vehicle in Maine. New residents who hold a valid driver's license from another state must surrender that license and apply for a Maine driver's license within 30 days of establishing residency. Who Does Not Need a Maine Driver's License to Operate a Motor Vehicle in Maine? * Any resident who has a valid instruction permit may drive as long as they are accompanied by a licensed driver who is at least 20 years of age and has held a valid license for 2 years. The licensed driver must occupy the seat adjacent to the driver with the instruction permit. * Any non-resident who is at least 16 years of age and who has a valid operator's license or instruction permit issued by his or her home state. * Any military personnel possessing a valid military license operating a military vehicle. How Do You Obtain A Permit in Maine? * You must be at least 15 years of age. * If under 18 years of age, complete an approved driver education course. * Obtain an instruction permit by successfully completing a driver knowledge examination. An instruction permit is generally valid for 2 years. It allows a person to operate a vehicle when accompanied by a licensed driver who is at least 20 years of age and has held a valid license for 2 years. The accompanying operator must be licensed to drive the class of vehicle(s) being operated. * Written exams and visual screenings are offered on a scheduled basis at all Motor Vehicle branch offices. Two forms of identification are required. Example; birth certificate and social security card. Although your social security number will not be displayed on your license, it must be provided upon application or renewal for a license. Birth certificates or Passports are required of applicants up to and including age 22 to determine date of birth. Photocopies of birth certificates must have an embossed seal or stamp of an issuing agency. Notarized copies are not acceptable. How Do You Obtain A Driver's License? * Be at least 16 years of age and have completed an approved driver education course. * Be at least 18 years of age if you have not completed an approved driver education course. * Before a person under 21 years of age can apply for a road test, that person must have held an instruction permit for 6 months from the date of issue of the instruction permit, and the permittee must complete a minimum of 35 hours of driving, including 5 hours of night driving, while accompanied by a licensed driver at least 20 years of age and held a valid license for 2 years. The 35 hours of practice driving must begin after issuance of the permit. The parent, stepparent, guardian or spouse must certify the permittee's driving time on a form prescribed by the Secretary of State. When the permittee has no parent, stepparent, guardian or spouse, an employer may certify the driving time. * Successfully complete a road test. When you are ready to take the road test, mail the road test request form that has been given or mailed to you to the Motor Vehicles main office in Augusta and you will be scheduled at the testing location nearest to you. Be sure to bring your learners permit and appointment notice with you. Drivers must furnish their own vehicle, properly registered (bring registration) and inspected, for the road test. You must be accompanied by a licensed operator who is in possession of a valid driver's license. If you are scheduled for a road test during the winter months, it is possible that poor weather conditions could cause the cancellation of your scheduled exam. To determine whether or not your test has been canceled, simply call Maine's Bureau of Motor Vehicles at 624-9000 ext. 52119 or listen to your local radio station for announced cancellations. Applicants scheduled for a road test on a day experiencing snow and/or icy conditions can elect to be rescheduled at no fee. Applicants selecting this option can call (207) 624-9000, ext. 52119. * A person under 18 years of age who has been issued a driver's license may not: operate a motor vehicle while using a mobile telephone; operate a motor vehicle between the hours of 12 a.m. and 5 a.m.; carry passengers other than immediate family members unless accompanied by a licensed operator who has held a valid license for 2 years, is at least 20 years of age, is occupying a seat beside the driver and is licensed to operate the class of vehicle operated by the driver. Immediate family member means grandparent, stepgrandparent, parent, stepparent, brother, stepbrother, sister, stepsister, child, stepchild, spouse and when living with the immediate family, foreign exchange students, court appointed wards of an immediate family member and a child whose parent is deployed for military service and is under the guardianship of an immediate family member. These restrictions are in effect for a period of 270 days from passing the road test. Violation of the conditions of these restrictions will result in a license suspension and a 270 day extension of the restrictions which may extend beyond the 18th birthday. The first license issued to a new applicant under 21 years of age is provisional for a period of two years and one year for persons at least 21 years old. If a person is convicted of a moving violation that occurred while operating with a provisional license, the license will be suspended for 30 days. Second and third offenses involve more severe penalties. What Will the Tests Include? * The written test measures your understanding and knowledge of traffic laws, regulations, driving skills and vehicle handling, as well as your ability to identify and understand highway signs. Special emphasis is placed on understanding Maine's drinking and driving laws. * The vision screening will measure your visual acuity (how clearly you see) and your peripheral vision (how far you can see to either side while looking straight ahead). * During the road test, the license examiner will assess your ability to maintain control of your vehicle at all times, whether it be driving forward or backward, maintaining your proper lane position, turning left or right or driving straight ahead. You will also be evaluated on how well you observe and react to other road users and pedestrians, as well as traffic signs, signals and conditions. You will not be asked to do anything that is extraordinary or illegal. Note: The road test will not be given until all other tests have been successfully completed. Who Must Take the Examinations? * Those applying for an initial license must take all examinations. * Anyone changing their license classification must take all examinations. Special tests are administered for those wishing to operate a motorcycle, bus or school bus. Additional endorsements may be added to a license following the successful completion of all pertinent written and vision tests. * Applicants with a valid out-of-state license may have the written and road tests waived. Message For Those Transferring their Out-of-State License to a Maine Non-Commercial Driver's License______________________________ * You must be at least 16 years of age to apply for a Maine license. * If you are 16 or 17 and hold a valid out-of-state license, you may be required to provide evidence of completion of an approved driver education course prior to the issuance of a Maine license. * Any out-of-state license must be surrendered at the time of issuance of the Maine license. * You will need to apply for a Commercial Driver's License if you expect to operate: a) A combination of vehicles with a gross vehicle weight rating or registered weight of 26,001 or more pounds, if the gross vehicle weight rating or gross weight of the vehicles being towed is in excess of 10,000 pounds. b) A single motor vehicle with a gross vehicle weight rating or registered weight of 26,001 or more pounds or such a vehicle towing a vehicle with a gross vehicle weight rating or gross weight not in excess of 10,000 pounds. c) A vehicle carrying hazardous materials in a quantity requiring placarding by Federal DOT regulation. d) A vehicle designed to carry over 15 passengers including the driver. * A written test is not required if you are applying for a passenger car license. * Any misstatement on the license application will result in the immediate revocation of your license and your privilege to operate in the State of Maine. Furthermore, court action may be taken against you for any misstatement. * The Secretary of State shall not accept the application of any minor under the age of 18 years for an operator's license or instruction permit unless signed by a parent or legal guardian having custody of the minor or by the spouse of the minor provided the spouse is of the age of 18 years or older. Any person who has signed the application of a minor for an operator's application or instruction permit may thereafter file with the department a notarized written request that the license or instruction permit of said minor, so granted, be suspended. * You are responsible for abiding by the Maine Motor Vehicle Laws and must become familiar with the Maine Motorist Handbook and Study Guide. Information About Your Driver's License_________________________ When you have passed the required tests, you may purchase a picture license which is valid until your sixth birthday following the date of issue of the license or your fourth birthday following the date of issue of the license if you are age 65 or older. You must show proof of lawful presence and legal residency at the time of photo license processing. If you are under 18 years of age, you must bring a parent or legal guardian with you to sign for the issuance of your picture license, which will be mailed to you after processing. You should carry your license with you when driving. You must show your license to any police officer who asks to see it. It is illegal to lend your license to anyone else. License Classification - Type of Vehicles There are 3 classes of driver's licenses in Maine. * Classes A and B: Class A and B licenses are commercial vehicle licenses and are distinguished by the size and weight of the vehicle to be driven. A Class A license covers any combination of vehicles with a gross combination weight rating or registered weight of 26,001 or more pounds, provided the gross vehicle weight rating or gross weight of the vehicle or vehicles being towed is in excess of 10,000 pounds. Class B covers any single vehicle with a gross vehicle weight rating or registered weight of 26,001 or more pounds or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating or gross weight. Holders of a Class A or B license may, with any appropriate endorsements, operate all vehicles in Classes B and C. * Class C: Class C is the standard license classification issued to most motor vehicle operators. A Class C license covers any single vehicle or combination of vehicles that does not meet the definition of Class A or B. A Class C license is a commercial driver's license only if it carries a hazardous material, tanker and/or passenger (bus) endorsement. Holders of Class C license may, with any appropriate endorsements, operate all vehicles in that class. A separate manual is available to use for study purposes when applying for a commercial driver's license. School buses, other buses and motorcycles are not a separate class, but their use requires a special endorsement and an examination for the specific vehicle. NOTE: School bus license applicants must be 21 years of age or older and have at least one year of licensed driving experience. Additionally, any individual convicted of an O.U.I. offense within the preceding ten-year period is ineligible to receive a school bus operator's license. Mopeds may be operated on a license of any class. A motorized bicycle or tricycle may only be operated by a person who possesses a valid license of any class, an instruction permit or license endorsed for a motorcycle or moped. Altering a License: Changing information on a driver's license carries severe penalties, including loss of license. Lost License: If your license is lost or destroyed, you must notify the Bureau of Motor Vehicles to apply for a duplicate copy. Once notified, the Bureau will forward the information and material needed to process a duplicate license. Renewing Your Driver's License: About 45 days before a driver's license expires, a renewal notice is mailed to the driver's most recent address on file at the Bureau of Motor Vehicles. If you do not notify us of any address change, you may not receive a renewal notice. You must contact our central office in Augusta and renew your license on time. It is unlawful to drive a motor vehicle with an expired license. Change of Name or Address: If your name or address changes from that given on your license, Maine law requires that you notify the Bureau of Motor Vehicles within 30 days of change. Maine's Organ Donor Program You may show your intention to donate organs and tissues on your driver's license. Instructions and materials are available at branch offices, mobile units and license renewal agents. For additional information of organ donation, you may call Maine Transplant Program (871-2000) or the Kidney Foundation of Maine (772-7270). It is also important to discuss your decision with your family. Maintaining Your Driver's License_______________________________ Remember, having a driver's license is a privilege that can be taken away from you at any time you drive inappropriately. Secretary of State's Authority The Secretary of State has the authority to impose restrictions on your driver's license when it appears necessary. One of the more common restrictions is the requirement that a licensee who has corrective lenses must wear them while driving. Restrictions apply also as to time of day and location of use. Driving in violation of any restrictions is unlawful. The Secretary of State may require you to appear for a license examination or hearing at any time, even after you have been issued a driver's license. The Secretary may also require you to furnish a statement from your doctor regarding your physical or mental condition. The Secretary of State is authorized to suspend your license upon receipt of a written adverse report of your driving from a law enforcement officer or other member of the public. Suspension of a Minor's License or Permit Any person who has signed the application of a minor for an operator's license or instruction permit can, thereafter, file, with the Secretary of State, a notarized written re- quest asking that the minor's license or instruction permit be suspended. License Penalties and Suspension The Secretary of State and the courts have a great deal of authority in suspending your operator's license. Driving is a privilege, and only those who prove themselves to be safe may retain that privilege. Your Driver's License May Be Taken Away by Revocation or Suspension Revocation: While rarely used, it means that your license and driving privilege is formally terminated and you would have to apply for a new license at the end of the revocation period. Typical offenses requiring revocation are: * Vehicular Manslaughter. Revocation for at least 5 years. If alcohol is involved revocation is permanent. * Habitual Offender. Revocation for at least one year. Suspension: Suspensions temporarily withdraw driving privileges. A person whose license has been suspended will not be allowed to drive until a written notice of reinstatement is received. Typical offenses requiring suspension are: * Failure to file required insurance. * Failure to appear in court for a traffic citation. * Operating Under the Influence (O.U.I.). * Administrative License Suspension. Administrative License Suspension The most commonly known tool for the control of driver behavior in Maine are rules for administrative license suspension relating to demerit point accumulation, convictions and adjudications. Suspension Periods for Designated Convictions The license or privilege to operate of any person convicted of eluding a police officer, passing a roadblock or street racing may be suspended for a period of up to 90 days. Any person who is convicted of operating after suspension may have their license suspended for a period of 60 days. Persons convicted of the following offenses may have their licenses suspended for a period of 30 days: * Failure to stop for a police officer * Leaving the scene of an accident (bodily injury) * Operating alone on a permit * Operating without a license (criminal offense) * Passing a stopped school bus with its red lights flashing * Speeding by 30 miles per hour or more over the speed limit * Altering a license or registration certificate * Loaning a license * Unlawful use of license * Displaying suspended license * Falsifying an application for registration or license * Giving false information to a police officer Using False Identification to Obtain Liquor This law requires a court to suspend the driver's license of a person, under 21 years of age, who is adjudicated of the offense of using false or fraudulent credentials to obtain liquor or gain entrance into a drinking establishment. The court is given discretionary authority to suspend the license for 30 days for a first offense and is required to suspend the license for 90 days for a second offense and one year for any subsequent offense. The Secretary of State is obligated to impose the suspension for second and subsequent offenses. The offense will carry six demerit points Suspension for Demerit Point Accumulation: The Maine Point System By law, the Secretary of State is required to adopt rules establishing a uniform system of assigning demerit points for persons convicted of certain motor vehicle traffic offenses. Once certain point levels are reached (currently 6 points), a warning is issued by the Secretary of State, and if the point total reaches 12 points or more the driver's license will be suspended. Points will be erased from a driver's record when they become one year old. When a suspension occurs, a driver is entitled to a hearing by the Secretary of State's office. The hearing examiner may continue, modify, or rescind the earlier action taken. The person under suspension may be represented by an attorney at any hearing and the hearing decision may be appealed to Superior Court. Point Schedule is outlined on Page 7 & 8 of the Maine Motorist Handbook and Study Guide Point Schedule Convictions and Adjudications Demerit Points Driving Wrong Side 6 Driving Wrong Way 6 Exceeding Posted Speed by at Least 15 Miles Per Hour But Less Than 30 Miles Per Hour 6 Illegal Transportation, Possession or Consumption of Liquor In a Motor Vehicle by a Minor 6 Illegal Transportation of Drugs in a Motor Vehicle by a Minor 6 Improper Passing 6 Leaving the Scene of an Accident (Property Damage) 6 Operating Beyond Restriction 6 Operating With Improper License 6 Operating Without Corrective Lenses 6 Operating Left on Curve 6 Other Improper Pass 6 Pass Within 100 Feet of Intersection 6 Pass on Curve or Hill 6 Pass on Right 6 Pass on Wrong Side 6 Using False ID to Obtain Liquor 6 Violation-Do Not Pass 6 Violation of Instruction Permit 6 Operating Motorcycle Beyond Restriction 6 Exceeding Posted Speed by Less Than 15 Miles Per Hour 4 Excessive Acceleration 4 Failure to Keep Right 4 Failure to Return to the Right 4 Failure to Yield to Emergency Vehicle 4 Failure to Yield - No Sign 4 Failure to Yield to Pedestrian 4 Failure to Yield - Sign 4 Failure to Give Way to Other Vehicle 4 Failure to Obey Stop Sign 4 Failure to Stop at Red Light 4 Failure to Yield Right of Way 4 Imprudent Driving 4 Operating a Motor Vehicle With Obstructed View 4 Operating Without a License (traffic infraction) 4 Red Light Violation 4 Crossover Violation 2 Displaying a Blue Light 2 Displaying a Red Light 2 Failure to Dim Headlights 2 Failure to Signal 2 Failure to Obey Traffic Island 2 Failure to Reduce Speed on a Grade or Curve 2 Follow Too Close 2 Illegal Left Turn 2 Illegal Right Turn 2 Illegal U-Turn 2 Impeding the Flow of Traffic 2 Improper Turn 2 Lane Conviction 2 Littering 2 Obstructing the Flow of Traffic 2 Obstructing Traffic 2 Operating Motor Vehicle Without Tail Lights 2 Operating Without Lights 2 Other Moving Violations 2 Speed Under Posted Minimum 2 Squealing Tires 2 Trailer Without Lights 2 Trucks Traveling Less Than 150 Feet Apart 2 Eluding Police Officer Eluding a police officer is a serious offense. Anyone, after being requested or signaled to stop, who attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed, resulting in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren, is guilty of a Class C crime. If any person suffers any serious bodily injury as a result of the operator's attempt to elude a law enforcement officer, that operator commits a Class B crime. Leaving the Scene of an Accident Increase in classification for the offense of leaving the scene of a bodily injury accident from a Class D to a Class C crime, if the accident resulted in serious bodily injury or death and the person intentionally, knowingly or recklessly failed to stop at the scene of the accident. Violation Free Credit The violation free credit system awards one point for each calendar year free of convictions or suspensions. One is permitted to accumulate up to four violation free credit points. Continuing Driver Education The Maine Driving Dynamics Course is an approved five-hour program designed to increase knowledge of driving hazards and the techniques to avoid these hazards. The focus is on the prevention of collisions despite adverse conditions and unsafe actions of other drivers. The course also emphasizes the dangers associated with the use of alcohol and other drugs in association with driving. Successful completion of a Maine Driving Dynamics Course or other approved driver improvement course will deduct three points from a driver's point total. Anyone may, even with no record, receive credit for successful completion of this course, but points will be deducted only once in any twelve month period. Courses are conducted by trained instructors whenever and wherever there is sufficient demand. The courses are often part of the local adult and continuing education program. For further information please call the Bureau of Highway Safety at (207)626-3840. The fee for the Maine Driving Dynamics course is $40.00. 120 Day Suspension Any person whose license has been suspended three times within a three-year period by the Secretary of State or by a court may be subject to a further suspension for a period up to 120 days. Mandatory Suspensions In addition to the discretionary powers of the Secretary of State, there are certain violations which require total mandatory suspension-no exceptions, no "work" license. A few are listed below (for the full list, refer to M.R.S.A. Title 29-A). * Failure to answer to a motor vehicle summons to court. Whenever a person fails to appear in court on the day specified, or fails to pay any related fine, the license will be suspended until the appearance is made or the fine is paid. This is one of the most common reasons for suspension. Fines must be paid. * Operating under the influence, blood level 0.08% or over, or refusal to submit to a blood alcohol test require mandatory suspensions of varying terms (see Chapter on Alcohol). * Driving to Endanger: Suspension for at least 30 days * Illegal transportation, possession or consumption of liquor by a minor in a motor vehicle: Suspension for at least 30 days. * Illegal transportation of drugs by a minor in a motor vehicle: Suspension for at least 30 days. * If you are responsible for accident damage and do not have liability insurance, license and registration must be suspended until proof of insurance is filed with the Secretary of State. Revocation of a driver's license for certain crimes This law requires the Secretary of State to revoke indefinitely the driver's licenses of individuals convicted of designated criminal offenses when the individuals used a motor vehicle to commit the offense and the operation of the vehicle caused, or created a substantial risk or fear of serious bodily injury. The designated criminal offenses, including convictions, are: assault, aggravated assault, elevated aggravated assault, criminal threatening, and reckless conduct. The license revocation periods are three years for Class A, B or C crimes, two years for a Class D crime, and one year for a Class E offense. Other Suspensions at Discretion of the Secretary of State The license of any person whom the Secretary of State determines is incompetent to drive, e.g., adverse physical or mental impairments, may be suspended without a hearing, provided the Secretary of State has reviewed all available evidence. Incompetence relative to physical or mental handicaps is determined in accordance with established rules (Chapter 3, as amended), Physical, Emotional and Mental Competence to Operate a Motor Vehicle. Any person whose license is suspended may request a hearing, but the suspension may remain in effect pending such a hearing. A judge has discretionary authority to suspend the driver's license of any person found in contempt for failing to pay a fine in any criminal or civil violation proceeding. A judge may order a driver license suspension for offenses unrelated to the operation of motor vehicles. Part I Practice Questions:______________________________________ 1. Who can file a request with the Bureau of Motor Vehicles to suspend the license or instruction permit of a minor? 2. The illegal transportation of liquor by a minor carries a minimum suspension of how many days? 3. How many classes of driver's license are issued in Maine? 4. What are demerit points? 5. Name the violations of traffic laws which, upon conviction, carry automatic 90 day suspensions.