APPROVED CHAPTER
MAY 30, 2025 173
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1070 - L.D. 1616
An Act to Eliminate Requirements for Drivers to Surrender Their Physical
Driver's Licenses During a Temporary Suspension
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3314, sub-§3, as amended by PL 1995, c. 65, Pt. A, §48 and
affected by §153 and Pt. C, §15, is further amended to read:
3. Disposition for violation of section 3103, subsection 1, paragraph E or F. When
a juvenile has been adjudicated as having committed the juvenile crime under section 3103,
subsection 1, paragraph E or F, the court may impose any of the dispositional alternatives
contained in subsection 1. Any incarceration that is imposed may be part of a disposition
pursuant to subsection 1, paragraph F or H. Any incarceration in a detention facility must
be in a facility designated in subsection 1, paragraph H.
A. For an adjudication under section 3103, subsection 1, paragraph F, the juvenile's
license or permit to operate a motor vehicle, right to operate a motor vehicle or right to
apply for or obtain a license must be suspended by the court for a period of 180 days.
The period of suspension may not be suspended by the court. The court shall give
notice of the suspension and take physical custody of an operator's license or permit as
provided in Title 29‑A, section 2434. The court shall immediately transmit a certified
abstract of the suspension to the Secretary of State. A further suspension may be
imposed by the Secretary of State pursuant to Title 29‑A, section 2451, subsection 3.
Sec. 2. 15 MRSA §3314, sub-§3-A, as corrected by RR 2009, c. 2, §36 and
amended by PL 2021, c. 669, §5, is further amended by amending the first blocked
paragraph to read:
The court shall give notice of suspension and take physical custody of an operator's license
or permit as provided in Title 29‑A, section 2434. The court shall immediately forward the
operator's license and a certified abstract of suspension to the Secretary of State.
Sec. 3. 15 MRSA §3314, sub-§3-B, as enacted by PL 2005, c. 328, §13, is amended
to read:
3-B. Operator's license suspension for drug trafficking. If a juvenile uses a motor
vehicle to facilitate the trafficking of a scheduled drug, the court may, in addition to other
Page 1 - 132LR0517(02)
authorized penalties, suspend the juvenile's operator's license, permit, privilege to operate
a motor vehicle or right to apply for or obtain a license for a period not to exceed one year.
A suspension may not begin until after any period of incarceration is served. If the court
suspends a juvenile's operator's license, permit, privilege to operate a motor vehicle or right
to apply for or obtain a license, the court shall notify the Secretary of State of the suspension
and the court shall take physical custody of the juvenile's operator's license. The Secretary
of State may not reinstate the juvenile's operator's license, permit, privilege to operate a
motor vehicle or right to apply for or obtain a license unless the juvenile demonstrates that
after having been released and discharged from any period of incarceration that may have
been ordered, the juvenile has served the period of suspension ordered by the court.
Sec. 4. 17-A MRSA §1103, sub-§6, as enacted by PL 1993, c. 674, §2, is amended
to read:
6. If a person uses a motor vehicle to facilitate the trafficking of a scheduled drug, the
court may, in addition to other authorized penalties, suspend the person's driver's license,
permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a
period not to exceed 5 years. A suspension may not begin until after any period of
incarceration is served. If the court suspends a person's driver's license, permit, privilege
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the
Secretary of State of the suspension and the court shall take physical custody of the person's
license. The Secretary of State may not reinstate the person's driver's license, permit,
privilege to operate a motor vehicle or right to apply for or obtain a license unless the person
demonstrates that, after having been released and discharged from any period of
incarceration that may have been ordered, the person has served the period of suspension
ordered by the court.
Sec. 5. 17-A MRSA §1104, sub-§3, as enacted by PL 1993, c. 674, §4, is amended
to read:
3. If a person uses a motor vehicle to facilitate the trafficking or furnishing of a
counterfeit drug, the court may, in addition to other authorized penalties, suspend the
person's driver's license, permit, privilege to operate a motor vehicle or right to apply for
or obtain a license for a period not to exceed 5 years. A suspension may not begin until
after any period of incarceration is served. If the court suspends a person's driver's license,
permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the
court shall notify the Secretary of State of the suspension and the court shall take physical
custody of the person's license. The Secretary of State may not reinstate the person's
driver's license, permit, privilege to operate a motor vehicle or right to apply for or obtain
a license unless the person demonstrates that, after having been released and discharged
from any period of incarceration that may have been ordered, the person has served the
period of suspension ordered by the court.
Sec. 6. 17-A MRSA §1105-A, sub-§2, as enacted by PL 2001, c. 383, §119 and
affected by §156, is amended to read:
2. If a person uses a motor vehicle to facilitate the aggravated trafficking in a
scheduled drug, the court may, in addition to other authorized penalties, suspend the
person's driver's license or permit or privilege to operate a motor vehicle or right to apply
for or obtain a license for a period not to exceed 5 years. A suspension may not begin until
after any period of incarceration is served. If the court suspends a person's driver's license
Page 2 - 132LR0517(02)
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the
court shall notify the Secretary of State of the suspension and the court shall take physical
custody of the person's license or permit. The Secretary of State may not reinstate the
person's driver's license or permit or privilege to operate a motor vehicle or right to apply
for or obtain a license unless the person demonstrates that, after having been released and
discharged from any period of incarceration that may have been ordered, the person has
served the period of suspension ordered by the court.
Sec. 7. 17-A MRSA §1105-B, sub-§3, as enacted by PL 2001, c. 383, §119 and
affected by §156, is amended to read:
3. If a person uses a motor vehicle to facilitate the aggravated trafficking in or
furnishing of a counterfeit drug, the court may, in addition to other authorized penalties,
suspend the person's driver's license or permit, privilege to operate a motor vehicle or right
to apply for or obtain a license for a period not to exceed 5 years. A suspension may not
begin until after any period of incarceration is served. If the court suspends a person's
driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain
a license, the court shall notify the Secretary of State of the suspension and the court shall
take physical custody of the person's license or permit. The Secretary of State may not
reinstate the person's driver's license or permit, privilege to operate a motor vehicle or right
to apply for or obtain a license unless the person demonstrates that, after having been
released and discharged from any period of incarceration that may have been ordered, the
person has served the period of suspension ordered by the court.
Sec. 8. 17-A MRSA §1105-C, sub-§2, as enacted by PL 2001, c. 383, §119 and
affected by §156, is amended to read:
2. If a person uses a motor vehicle to facilitate the aggravated furnishing of a scheduled
drug, the court may, in addition to other authorized penalties, suspend the person's driver's
license or permit, privilege to operate a motor vehicle or right to apply for or obtain a
license for a period not to exceed 5 years. A suspension may not begin until after any
period of incarceration is served. If the court suspends a person's driver's license or permit,
privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall
notify the Secretary of State of the suspension and the court shall take physical custody of
the person's license or permit. The Secretary of State may not reinstate the person's driver's
license or permit, privilege to operate a motor vehicle or right to apply for or obtain a
license unless the person demonstrates that, after having been released and discharged from
any period of incarceration that may have been ordered, the person has served the period
of suspension ordered by the court.
Sec. 9. 17-A MRSA §1105-D, sub-§2, as enacted by PL 2001, c. 383, §119 and
affected by §156, is amended to read:
2. If a person uses a motor vehicle to facilitate the aggravated cultivating of marijuana,
the court may, in addition to other authorized penalties, suspend the person's driver's license
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a
period not to exceed 5 years. A suspension may not begin until after any period of
incarceration is served. If the court suspends a person's driver's license or permit, privilege
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the
Secretary of State of the suspension and the court shall take physical custody of the person's
license or permit. The Secretary of State may not reinstate the person's driver's license or
Page 3 - 132LR0517(02)
permit, privilege to operate a motor vehicle or right to apply for or obtain a license unless
the person demonstrates that, after having been released and discharged from any period of
incarceration that may have been ordered, the person has served the period of suspension
ordered by the court.
Sec. 10. 17-A MRSA §1106, sub-§5, as enacted by PL 1993, c. 674, §6, is amended
to read:
5. If a person uses a motor vehicle to facilitate the unlawful furnishing of a scheduled
drug, the court may, in addition to other authorized penalties, suspend the person's driver's
license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license
for a period not to exceed 5 years. A suspension may not begin until after any period of
incarceration is served. If the court suspends a person's driver's license, permit, privilege
to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the
Secretary of State of the suspension and the court shall take physical custody of the person's
license. The Secretary of State may not reinstate the person's driver's license, permit,
privilege to operate a motor vehicle or right to apply for or obtain a license unless the person
demonstrates that, after having been released and discharged from any period of
incarceration that may have been ordered, the person has served the period of suspension
ordered by the court.
Sec. 11. 17-A MRSA §1118-A, sub-§2, as enacted by PL 2015, c. 485, §3, is
amended to read:
2. If a person uses a motor vehicle to facilitate the aggravated illegal importation of a
scheduled drug, the court may, in addition to other authorized penalties, suspend the
person's driver's license or permit or privilege to operate a motor vehicle or right to apply
for or obtain a license for a period not to exceed 5 years. A suspension may not begin until
after any period of incarceration is served. If the court suspends a person's driver's license
or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the
court shall notify the Secretary of State of the suspension and the court shall take physical
custody of the person's license or permit. The Secretary of State may not reinstate the
person's driver's license or permit or privilege to operate a motor vehicle or right to apply
for or obtain a license unless the person demonstrates that, after having been released and
discharged from any period of incarceration that may have been ordered, the person has
served the period of suspension ordered by the court.
Sec. 12. 17-A MRSA §1124, sub-§3, as enacted by PL 2015, c. 346, §7, is amended
to read:
3. If a person uses a motor vehicle to facilitate the unlawful operation of a
methamphetamine laboratory, the court may, in addition to other authorized penalties,
suspend the person's driver's license or permit or privilege to operate a motor vehicle or
right to apply for or obtain a license for a period not to exceed 5 years. A suspension may
not begin until after any period of incarceration is served. If the court suspends a person's
driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain
a license, the court shall notify the Secretary of State of the suspension and the court shall
take physical custody of the person's license or permit. The Secretary of State may not
reinstate the person's driver's license or permit or privilege to operate a motor vehicle or
right to apply for or obtain a license unless the person demonstrates that, after having been
Page 4 - 132LR0517(02)
released and discharged from any period of incarceration that may have been ordered, the
person has served the period of suspension ordered by the court.
Sec. 13. 28-A MRSA §2053, sub-§1, as amended by PL 1995, c. 65, Pt. A, §80
and affected by §153 and Pt. C, §15, is further amended by amending the first blocked
paragraph to read:
The court shall immediately forward the license to the Secretary of State together with the
record of adjudication on the form furnished for reporting convictions and adjudications
for violations of Title 29‑A.
Sec. 14. 28-A MRSA §2053, sub-§1-A, as enacted by PL 2001, c. 160, §2, is
amended by amending the first blocked paragraph to read:
The court shall immediately forward the operator's license to the Secretary of State together
with the record of adjudication on the form furnished for reporting convictions and
adjudications for violations of Title 29‑A.
Sec. 15. 29-A MRSA §2102, sub-§1-B, as enacted by PL 2009, c. 493, §2, is
repealed.
Sec. 16. 29-A MRSA §2102, sub-§1-C, as enacted by PL 2009, c. 493, §2, is
repealed.
Sec. 17. 29-A MRSA §2102, sub-§1-D, as enacted by PL 2009, c. 493, §2, is
repealed.
Sec. 18. 29-A MRSA §2102, sub-§1-E, as enacted by PL 2009, c. 493, §2, is
repealed.
Sec. 19. 29-A MRSA §2102, last ¶, as amended by PL 2009, c. 493, §2, is further
amended to read:
Violation of subsection 1, 1‑A, 1‑B, 1‑D or 3 is a strict liability crime as defined in
Title 17‑A, section 34, subsection 4‑A.
Sec. 20. 29-A MRSA §2411, sub-§5-A, as amended by PL 2017, c. 99, §1, is
further amended to read:
5-A. Notice and custody. The court shall give notice of a license suspension and shall
take physical custody of the driver's license, except when the defendant demonstrates that
the defendant's license was previously restored by the Secretary of State following an
administrative suspension under section 2453 or 2453‑A for operating under the influence
based on the same facts and circumstances giving rise to the court-ordered suspension.
Sec. 21. 29-A MRSA §2412-A, sub-§4, ¶A, as enacted by PL 1995, c. 368, Pt.
AAA, §12, is amended to read:
A. The court shall give notice of the suspension and shall take physical custody of an
operator's license or permit as provided in section 2434.
Sec. 22. 29-A MRSA §2413, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and
affected by Pt. B, §5, is amended to read:
5. Notice. The court shall give notice of the suspension and take physical custody of
a driver's license as provided in section 2434.
Page 5 - 132LR0517(02)
Sec. 23. 29-A MRSA §2434, sub-§3, as amended by PL 2015, c. 158, §3, is further
amended to read:
3. Physical custody of license. Unless the defendant appeals and a stay of execution
of the suspension is granted, the court shall take physical custody of a license issued by this
State or another state, foreign country or province if that person is residing or employed in
this State. The court may take physical custody of a license issued by another state, foreign
country or province if the person is not residing or employed in this State. If the court is
unable to take physical custody of the license at the time of sentencing, either because the
suspension has been stayed pursuant to subsection 4 or for any other reason, the license is
void at such time as is specified in the court order.
Sec. 24. 29-A MRSA §2434, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and
affected by Pt. B, §5, is amended to read:
5. Forward documents to Secretary of State. The court shall forward the license, a
copy of the sentence and the acknowledgement of notice to the Secretary of State.
Sec. 25. 29-A MRSA §2434, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and
affected by Pt. B, §5, is repealed.
Sec. 26. 29-A MRSA §2434, sub-§8, as enacted by PL 1993, c. 683, Pt. A, §2 and
affected by Pt. B, §5, is amended to read:
8. Commencement of suspension. Notwithstanding section 2482, subsection 4, the
period of suspension commences immediately on announcement of sentence. Two
additional days of suspension must be added for each day after the license surrender day
that a person fails to surrender th