BUREAU OF MOTOR VEHICLES
Chapter 1: RULES FOR ADMINISTRATIVE SUSPENSION RELATING TO DEMERIT POINT ACCUMULATION, CONVICTIONS AND ADJUDICATIONS
SUMMARY: These rules have been promulgated for the purpose of identifying the reckless or negligent driver of a motor vehicle and to establish a uniform system of assigning demerit points for specified convictions or adjudications of violations of statutes and regulations governing the operation of motor vehicles. These rules will serve as the basis for the Secretary of State or any Deputy Secretary of State to suspend the license or privilege to operate a motor vehicle or the certificate of registration of any person without preliminary hearing whom is determined to be incompetent to operate a motor vehicle, or whom is found to be a reckless or negligent operator of a motor vehicle, or whom has been convicted or adjudicated of specified convictions or adjudications. These rules repeal and replace prior regulations adopted by the Secretary of State entitled "The Maine Point System".
1. PURPOSE.
Pursuant to 29 MRSA Section 2241 Subsections One and Two, the Secretary of State has adopted these rules for the purpose of identifying the reckless or negligent driver of a motor vehicle and to establish a uniform system of assigning demerit points for specified convictions or adjudications of violations of statutes and regulations governing the operation of motor vehicles. These rules will serve as the basis for the Secretary of State or any Deputy Secretary of State to suspend the license or privilege to operate a motor vehicle or the certificate of registration of any person without preliminary hearing determined to be incompetent to operate a motor vehicle, or whom is found to be a reckless or negligent operator of a motor vehicle, or whom has been convicted or adjudicated of designated traffic offenses.
2. SUSPENSION FOR INCOMPETENCE.
The license or privilege to operate a motor vehicle of any person, whom the Secretary of State or Deputy Secretary of State determines to be incompetent to operate a motor vehicle, such incompetence to include, but not limited to, adverse physical, mental or emotional impairments may be suspended without preliminary hearing pursuant to 29 MRSA Section 2241(1)(D). Incompetence relative to physical, mental or emotional impairments shall be determined in accordance with Chapter 3, Rules of Secretary of State for Physical, Emotional and Mental Competence to Operate a Motor Vehicle, as amended.
3. SUSPENSION PERIODS FOR DESIGNATED CONVICTIONS OR ADJUDICATIONS.
The license, permit or privilege to operate of any person convicted of eluding a police officer, passing a roadblock, or drag racing may be suspended for a period up to 90 days.
The license, permit or privilege to operate of any person convicted of operating after suspension may be suspended for a period up to 60 days; except for convictions for operating after suspension when the term of the statutory suspension required on conviction is longer than the term suspension period provided by these rules.
The license, permit or privilege to operate of any person convicted of the following offenses may be suspended for a period up to 30 days: failure to stop for a police officer, leaving the scene of an accident (bodily injury), operating alone on permit, operating a motor vehicle without a license (crime), passing a stopped school bus, exceeding posted speed by at least 30 miles per hour, altering a driver's license or registration certificate, loaning a driver's license, unlawful use of a driver's license, displaying a suspended license, falsifying an application for registration certificate or driver's license, or giving false information to a police officer.
4. SUSPENSION PERIODS FOR DEMERIT POINT ACCUMULATION.
The following is a listing of certain convictions or adjudications for which demerit points have been assigned. The convictions and adjudications as listed herein are not intended to be the total list of convictions and adjudications to which the Secretary of State may assign demerit points. Points for a conviction or adjudication will be erased from a driver's record when the conviction or adjudication becomes one year old. No points may be assigned to those convictions or adjudications that requires a statutory revocation or suspension of the license, permit or privilege to operate a motor vehicle by the Secretary of State or by a Court. Notice of assessment of demerit points shall be given when the accumulation reaches 50 percent of the number at which suspension is authorized by these rules. Any person whose driving record shows an accumulation of 12 demerit points for convictions or adjudications within a one year period may have his or her license, permit or privilege to operate suspended for a period up to 15 days.
CONVICTIONS AND ADJUDICATIONS DEMERIT POINTS
5. 120 DAY SUSPENSION.
Any person whose license, permit or privilege to operate has been suspended three times within a three year period by the Secretary of State pursuant to these rules or by a court following a conviction or adjudication of an offense listed herein is subject to a further suspension for a period up to 120 days. The 120 day suspension applies to persons who have been convicted or adjudicated of an offense, which offense was committed following the third suspension within that three year period.
6. DEFENSIVE DRIVING COURSE CREDITS.
Only one three point credit will be given to a person for successful completion of a Defensive Driving Course or a Motorcycle Defensive Driver Course as authorized by the Department of Public Safety or the Secretary of State. The credit will be given only once in a twelve month period and the credit of points will be erased one year from the completion date. Transitional Provision: A person who was given a five point credit pursuant to the rules of the former Maine Point System for a Defensive Driving Course that was completed prior to the effective date of these rules shall maintain that five point credit only for a period of one year from the date the course was completed.
7. VIOLATION FREE CREDITS.
Every person holding a Maine operator's license whose driving record does not contain any convictions, adjudications, suspensions or revocations during a calendar year shall be awarded 1 (one) violation free credit at the end of each calendar year, except that no person may be permitted to accumulate more than 4 (four) violation free credits. The Secretary of State may apply such credits to offset an equivalent number of demerit points assigned to a traffic violation. If the Secretary of State receives notice of any motor vehicle violation which resulted in a conviction or adjudication which violation occurred during the period that violation free credits were awarded, the violation free credits shall become invalid. Transitional Provision: Violation free credits shall be awarded beginning with the calendar year ending 1986 and such credits shall replace any "safe driving" credits which were awarded during that period pursuant to the rules of the former Maine Point System.
8. HEARING.
Any person whose license, permit or privilege to operate is suspended by the Secretary of State pursuant to these rules may request a hearing and the suspension may remain in effect pending such hearing.
STATUTORY AUTHORITY: 29 MRSA §§ 51 and 2241
EFFECTIVE DATE:
January 1, 1978
AMENDED:
September 8, 1981
December 12, 1982
November 17, 1987
REPEALED & REPLACED:
July 1, 1990
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
NON-SUBSTANTIVE CORRECTIONS:
Maine Bureau of Motor Vehicles
