2013 Maine Revised Statutes
TITLE 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 11: DRIVER'S LICENSE
29-A §1311. Intermediate license

Subchapter 2: ISSUING LICENSES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

1311. Intermediate license

1. Restricted license. A person under 18 years of age who has been issued a driver's license may not:

A. Carry passengers other than immediate family members unless accompanied by a licensed operator who meets the requirements of section 1304, subsection 1, paragraph E. For the purpose of this paragraph, "immediate family member" includes the following when living with the immediate family:

(1) A foreign exchange student;

(2) A person who is under court-appointed guardianship of an immediate family member; and

(3) A child whose parent is deployed for military service and is under guardianship of an immediate family member as provided on a United States Department of Defense Armed Forces Family Care Plan, DA Form 5305 or its successor form.

For the purpose of this paragraph, "deployed for military service" means assigned to active military duty with the state military forces, as defined in Title 37-B, section 102, or the United States Armed Forces, including the National Guard and Reserves, whether pursuant to orders of the Governor or the President of the United States, when the duty assignment is in a combat theater, in an area where armed conflict is taking place or in an area away from a person's normal duty station; [2011, c. 13, 1 (AMD).]

B. Operate a motor vehicle between the hours of 12 a.m. and 5 a.m.; or [2003, c. 286, 4 (NEW).]

C. Operate a motor vehicle while using a mobile telephone.

For the purpose of this paragraph, "mobile telephone" means a device used to access a wireless telephone service. [2003, c. 286, 4 (NEW).]

[ 2011, c. 13, 1 (AMD) .]

2. Period of restrictions. Except as provided in section 2116 and subject to extension pursuant to subsection 3, the license restrictions in subsection 1 are in effect for a period of 270 days from license issuance. The period of license restrictions may extend beyond the person's 18th birthday.

[ 2011, c. 654, 3 (AMD) .]

3. Extension of restrictions. A person who is adjudicated for violating this section must have the license restrictions in subsection 1 extended for an additional period of 270 days. The additional period of license restrictions may extend beyond the person's 18th birthday. Any violation of the license restrictions during the period of this extension must result in a further extension of the license restrictions pursuant to this section.

[ 2011, c. 654, 4 (AMD) .]

4. Penalty. A person who violates this section commits a traffic infraction for which a fine of not less than $250 and not more than $500 may be adjudged.

[ 2011, c. 654, 5 (AMD) .]

5. Suspension of license. The Secretary of State shall suspend without right to a hearing the license of a person adjudicated for violating this section:

A. For 60 days on the first offense; [2011, c. 654, 6 (NEW).]

B. For 180 days on the 2nd offense; and [2011, c. 654, 6 (NEW).]

C. For one year on the 3rd or subsequent offense. [2011, c. 654, 6 (NEW).]

[ 2011, c. 654, 6 (NEW) .]

SECTION HISTORY

2003, c. 286, 4 (NEW). 2009, c. 10, 1 (AMD). 2011, c. 13, 1 (AMD). 2011, c. 556, 9 (AMD). 2011, c. 654, 3-6 (AMD).