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§1304. Learner's permits


Published: 2015

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§1304. Learner's permits








1. Learner's permits. 
The following provisions apply to learner's permits.





A. A person who is 15 years of age or older may apply for a learner's permit, except that a person who is 15 years of age or older and has not attained
18 years of age must complete a course in driver education before applying for a learner's permit. [2013, c. 381, Pt. B, §16 (AMD).]










B. After an applicant has successfully passed all parts of an examination other than
the driving test, the Secretary of State may issue a learner's permit. [2013, c. 381, Pt. B, §16 (AMD).]










C. The learner's permit entitles the permittee to drive a motor vehicle on the public ways. The permittee must have the learner's permit in immediate possession while driving on the public ways. [2013, c. 381, Pt. B, §16 (AMD).]










D. The learner's permit is valid for a period of 2 years. [2013, c. 381, Pt. B, §16 (AMD).]










E. Unless the permittee is operating a motorcycle or moped, the learner's permit requires the permittee to be accompanied by a licensed operator who:



(1) Has held a valid license for at least 2 years;



(2) Is at least 20 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. [2013, c. 381, Pt. B, §16 (AMD).]










F. The Secretary of State may issue a restricted learner's permit to an applicant who is enrolled in a driver education program that includes
practice driving. That permit is valid:



(1) For a school year or other specified period; and



(2) Only when the permittee is accompanied by a driver education teacher or a commercial
driver education instructor, licensed by the Secretary of State under subchapter 3.



An applicant with a physical, mental or emotional condition that impairs the safe
operation of a motor vehicle may operate on a restricted learner's permit without being enrolled in a driver education program for the purpose of an
initial behind-the-wheel assessment. The driver education teacher or commercial driver
education instructor must be licensed as an occupational or physical therapist with
the Department of Professional and Financial Regulation. [2013, c. 381, Pt. B, §16 (AMD).]














G. [1997, c. 737, §22 (AFF); 1997, c. 737, §4 (RP).]






H. A person under 21 years of age may not apply for a license unless:



(1) A period of 6 months has passed from the date the person was issued a learner's
permit; and




(2) The person has completed a minimum of 70 hours of driving, including 10 hours
of night driving, while accompanied by a parent, guardian or licensed driver at least
20 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 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 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. [2013, c. 496, §13 (AMD).]










I. A person who has been issued a learner's permit may not operate a motor vehicle while
using a handheld electronic device or mobile telephone. For the purpose of this paragraph, the following terms have the following meanings.



(1) "Handheld electronic device" means any handheld electronic device that is not
part of the operating equipment of the motor vehicle, including but not limited to
an electronic game, device for sending or receiving electronic mail, text messaging
device or computer.




(2) "Mobile telephone" means a device used to access a wireless telephone service.



(3) "Operate" means driving a motor vehicle on a public way with the motor running,
including while temporarily stationary because of traffic, a traffic light or a stop
sign or otherwise stationary. "Operate" does not include operating a motor vehicle
with or without the motor running when the operator has pulled the motor vehicle over
to the side of, or off, a public way and has halted in a location where the motor
vehicle can safely remain stationary.




(4) "Using" means manipulating, talking into or otherwise interacting with a mobile
telephone or handheld electronic device.



A person who violates this paragraph commits a traffic infraction. [2015, c. 113, §1 (AMD).]







[
2015, c. 113, §1 (AMD)
.]








1-A. Learner's permit; issuance.  
The following provisions apply to the issuance of a learner's permit.





A. Fees for a learner's permit may be collected only by the Secretary of State in accordance
with section 154, subsection 1. [2013, c. 493, §1 (NEW).]










B. Any required application materials for a learner's permit may be collected only by
the Secretary of State. [2013, c. 493, §1 (NEW).]










C. Any required examination for a learner's permit may be administered only by the Secretary
of State except that the Secretary of State may waive this requirement on receipt of a course
completion certificate under section 1351, subsection 3. [2015, c. 114, §1 (AMD).]










D. A learner's permit may be issued only by the Secretary of State. [2013, c. 493, §1 (NEW).]







[
2015, c. 114, §1 (AMD)
.]








2. Motorcycle and moped. 
The following provisions apply to learner's permits for the operation of motorcycles or mopeds.





A. A person must be at least 16 years of age to apply for a motorcycle or moped learner's permit. [2013, c. 381, Pt. B, §16 (AMD).]










B. An applicant must pass a vision test and a knowledge test related specifically to
the safe operation of a motorcycle or moped. [2005, c. 577, §19 (AMD).]










C. An applicant for a motorcycle permit must complete a motorcycle driver education program
as required by section 1352. [2005, c. 577, §19 (AMD).]










D. A learner's permit is valid for 2 years. [2013, c. 381, Pt. B, §16 (AMD).]










E. Failure to complete the driving test within 2 years from the date of issuance of a learner's permit requires reexamination for a subsequent learner's permit to be issued. [2013, c. 381, Pt. B, §16 (AMD).]















F. [1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. B, §12 (RP); 1995, c. 65, Pt. C, §15 (AFF).]






G. A learner's permit does not allow the holder to carry a passenger. [2013, c. 381, Pt. B, §16 (AMD).]










H. The fee for a motorcycle or moped learner's permit and the first road test is $10. The fee for a subsequent examination is $5. [2013, c. 381, Pt. B, §16 (AMD).]







[
2013, c. 381, Pt. B, §16 (AMD)
.]








3. Bus. 








[
2013, c. 381, Pt. B, §16 (AMD);
MRSA T. 29-A, §1304, sub-§3 (RP)
.]








4. School bus. 








[
2013, c. 381, Pt. B, §16 (AMD);
MRSA T. 29-A, §1304, sub-§4 (RP)
.]








4-A. Commercial learner's permit.  
The following provisions apply to commercial learner's permits.





A. The commercial learner's permit holder must be at all times accompanied in a commercial
motor vehicle of the class sought for licensed operation by the holder of a valid
commercial driver's license with the commercial driver's license class and endorsements
necessary to operate the commercial motor vehicle. The commercial driver's license
holder shall at all times be physically present in the front seat of the vehicle next
to the commercial learner's permit holder or, in the case of a passenger vehicle,
directly behind or in the first row behind the driver. [2013, c. 381, Pt. B, §16 (NEW).]










B. The commercial learner's permit holder must hold a valid driver's license issued by
the same state or jurisdiction of domicile that issued the commercial learner's permit. [2013, c. 381, Pt. B, §16 (NEW).]










C. The commercial learner's permit holder must have taken and passed a general knowledge
test for the commercial motor vehicle class that the person expects to operate. [2013, c. 381, Pt. B, §16 (NEW).]










D. [2015, c. 46, §1 (RP).]










E. A commercial learner's permit holder is limited to the following endorsements.



(1) In order to receive a passenger endorsement, in accordance with the requirements
of the federal Commercial Motor Vehicle Safety Act of 1986, a commercial learner's
permit holder must have taken and passed the passenger endorsement knowledge test.
A commercial learner's permit holder testing for a passenger endorsement is prohibited
from operating a commercial motor vehicle carrying passengers other than the test
examiners and the commercial driver's license holder accompanying the commercial learner's
permit holder pursuant to paragraph A. The passenger endorsement must be specific
to a commercial motor vehicle class. A commercial learner's permit holder must be
at least 21 years of age to apply. The commercial learner's permit holder must be
accompanied by a commercial driver's license holder with a passenger endorsement who
has at least one year of driving experience and is at least 22 years of age.




(2) In order to receive a school bus endorsement, in accordance with the requirements
of the federal Commercial Motor Vehicle Safety Act of 1986, a commercial learner's
permit holder must have taken and passed the school bus endorsement knowledge test.
A commercial learner's permit holder testing for a school bus endorsement is prohibited
from operating a school bus with passengers other than test examiners and the commercial
driver's license holder accompanying the commercial learner's permit holder pursuant
to paragraph A. A commercial learner's permit holder must be at least 21 years of
age to apply. The commercial learner's permit holder must be accompanied by a commercial
driver's license holder with a passenger endorsement who has at least one year of
driving experience and is at least 22 years of age.




(3) In order to receive a tank vehicle endorsement, in accordance with the requirements
of the federal Commercial Motor Vehicle Safety Act of 1986, a commercial learner's
permit holder must have taken and passed the tank vehicle endorsement knowledge test.
A commercial learner's permit holder testing for a tank vehicle endorsement may only
operate an empty tank vehicle and is prohibited from operating any tank vehicle that
previously contained hazardous materials that has not been purged of any residue. [2013, c. 381, Pt. B, §16 (NEW).]











F. The commercial learner's permit holder may not operate a commercial motor vehicle
transporting hazardous materials as defined in 49 Code of Federal Regulations, Section
383.5. [2013, c. 381, Pt. B, §16 (NEW).]










G. The commercial learner's permit is valid for no more than 180 days from the date of
issuance. The Secretary of State may renew the commercial learner's permit for an
additional 180 days without requiring the commercial learner's permit holder to retake
the general and endorsement knowledge tests. [2013, c. 381, Pt. B, §16 (NEW).]










H. The issuance of a commercial learner's permit is a precondition to the initial issuance
of a commercial driver's license. The issuance of a commercial learner's permit is
a precondition to the upgrade of a commercial driver's license if the upgrade requires
a skills test. [2013, c. 381, Pt. B, §16 (NEW).]










I. The commercial learner's permit holder is not eligible to take the commercial driver's
license skills test in the first 14 days after the initial issuance of the commercial
learner's permit. [2013, c. 381, Pt. B, §16 (NEW).]







This subsection takes effect July 8, 2015.

[
2015, c. 46, §1 (AMD)
.]








5. Expiration. 
Unless continuation is authorized by the Secretary of State, a learner's permit expires when the holder successfully passes a driving examination. An expired
permit must immediately be surrendered to the Secretary of State.


[
2013, c. 381, Pt. B, §16 (AMD)
.]








6. Criminal offense. 
A person commits a Class E crime if that person accompanies a permittee who is operating
a vehicle on a public way and that accompanying person has impaired mental or physical
functioning as a result of the use of intoxicating liquor or drugs.


[
1993, c. 683, Pt. A, §2 (NEW);
1993, c. 683, Pt. B, §5 (AFF)
.]










SECTION HISTORY

RR 1993, c. 2, §21 (COR).
1993, c. 683, §A2 (NEW).
1993, c. 683, §B5 (AFF).
1995, c. 65, §§A100,B12, 13 (AMD).
1995, c. 65, §§A153,C15 (AFF).
1995, c. 402, §A47 (AMD).
1995, c. 505, §11 (AMD).
1995, c. 505, §22 (AFF).
1997, c. 393, §A33 (AMD).
1997, c. 393, §A34 (AFF).
1997, c. 737, §§2-5 (AMD).
1997, c. 737, §22 (AFF).
1997, c. 776, §36 (AMD).
1999, c. 127, §A43 (AMD).
1999, c. 470, §19 (AMD).
1999, c. 545, §1 (AMD).
2001, c. 440, §J1 (AMD).
2001, c. 671, §25 (AMD).
2001, c. 687, §15 (AMD).
2001, c. 710, §13 (AMD).
2001, c. 710, §14 (AFF).
2003, c. 286, §§1,2 (AMD).
2005, c. 577, §§18,19 (AMD).
2007, c. 2, §1 (AMD).
2007, c. 383, §§21,22 (AMD).
2009, c. 43, §1 (AMD).
2011, c. 356, §18 (AMD).
2011, c. 654, §2 (AMD).
2013, c. 77, §1 (AMD).
2013, c. 381, Pt. B, §16 (AMD).
2013, c. 493, §§1, 2 (AMD).
2013, c. 496, §13 (AMD).
2015, c. 46, §1 (AMD).
2015, c. 113, §1 (AMD).
2015, c. 114, §1 (AMD).