Section 250-6-10 - Reinstatement of a commercial driving license from lifetime disqualification after 10 yearsA. The Secretary of State may reinstate any eligible commercial driver disqualified for life based on offenses described in paragraphs (b)(1) through (8) of Table 1 to 49 CFR Section 383.51 after 10 years, if that person has voluntarily entered and successfully completed the appropriate rehabilitation program described in this section.B. Only drivers who possessed a commercial driving license issued by the Maine Bureau of Motor Vehicles at the time of lifetime disqualification may apply under the provisions of this section.C. Drivers Disqualified for Life as a Result of non-OUI Offenses (Rows 5-8 of Table 1, 49 CFR, Section 383.51).(1) Eligibility Criteria. To be eligible under this paragraph, an applicant must meet the requirements of 49 CFR Section 383.51 and must: (a) Not have received any convictions in a commercial motor vehicle within 10 years of application submission.(b) Not have received any criminal convictions in a non-commercial motor vehicle within 5 years of application submission.(c) Not have received any convictions in a non-commercial motor vehicle that would otherwise trigger commercial driving license suspension per 49 CFR 383.51(b) within 5 years of application submission.(d) Possess an active Maine Class C non-commercial driver's license.(2) Rehabilitation Requirements. An applicant must submit with their application:(a) Certificate of Completion of the National Safety Council's Defensive Driving Professional Truck Driving Course (4-hour duration) within 180 days of application.(b) Reinstatement fees consistent with M.R.S.A. 29-A, section 2486, sub. 1 or 1-A as appropriate.(3) Maine BMV will verify the applicant is not listed as 'prohibited' in the Drug and Alcohol Clearinghouse when reviewing the application.D. Drivers Disqualified for Life as a Result Offenses Related to Operation Under the Influence (Rows 1-4 of Table 1, 49 CFR, Section 383.51) on any of the major offenses aggregated to reach the lifetime disqualification determination. (1) Eligibility Criteria. To be eligible under this paragraph, an applicant must meet the requirements of paragraph C (1) (a-e) above, and must: (a) Not have received any administrative or criminal convictions for operating under the influence in a non-commercial motor vehicle within 5 years of application submission.(2) Rehabilitation Requirements. An applicant must submit with their application the items listed in paragraph C (2) ((a-b) above, and: (a) Drug Education and Evaluation Program (DEEP) Certificate of Completion from the Maine Department of Health and Human Services (DHHS) dated within 180 days of application.E. A driver reinstated under this program must also complete all examination requirements per MRSA 29-A, Chapter 11: Driver's License before the commercial driver's license and any accompanying endorsements will be awarded.F. Request for hearing. An applicant who is denied reinstatement may make a written request for a hearing to review the determination of the Secretary of State. The request must be made within 10 days from notification that an application was denied. Hearings will be conducted per M.R.S.A. 29-A, Section 2483.G. A driver reinstated under this program shall not be licensed or endorsed to operate any class of school bus. There will be no fiscal impact to municipalities resulting from the adoption of these amendments.
29-250 C.M.R. ch. 6, § 10