§562. Motor Carrier Review Board

1.  Establishment.  The Motor Carrier Review Board, as established by Title 5, section 12004-G, subsection 33-C and referred to in this section as the "board," is created to review motor carriers whose Bureau of Motor Vehicle records indicate significant and repeated motor carrier violations.

[PL 1995, c. 376, §3 (NEW).]

2.  Members.  The board consists of 7 members appointed by the Governor to serve 3-year terms expiring December 31st as follows:

A. One member who is a representative of the Maine Motor Transport Association;   [PL 1995, c. 376, §3 (NEW).]

B. One member who is a representative of a motor carrier that owns fewer than 10 commercial motor vehicles;   [PL 1995, c. 376, §3 (NEW).]

C. One member who is a representative of a motor carrier that owns 10 or more commercial motor vehicles;   [PL 1995, c. 376, §3 (NEW).]

D. One member who is a representative of the Maine Forest Products Council;   [PL 1995, c. 376, §3 (NEW).]

E. One member who is a representative of the commercial motor vehicle insurance industry;   [PL 1995, c. 376, §3 (NEW).]

F. One member who is a representative of the Maine Professional Drivers' Association; and   [PL 1995, c. 376, §3 (NEW).]

G. One member who is a resident of this State and who is not and has never been employed in the motor carrier industry.   [PL 1995, c. 376, §3 (NEW).]

The Governor shall name the chair from among the appointed members.

[PL 2001, c. 361, §16 (AMD).]

3.  Powers and duties.  The board may advise the Secretary of State on matters related to motor carrier safety, including advising the Secretary of State on a methodology for the Secretary of State to use to review motor carriers for the purpose of suspending carriers with adverse safety records.

The board shall hold a hearing upon the appeal of a motor carrier whose privilege to operate a commercial motor vehicle has been suspended by the Secretary of State upon the recommendation of the bureau or whose privilege to operate a commercial motor vehicle has been suspended by the Secretary of State pursuant to section 2458, subsection 2, paragraph V. The board's decision must include a recommendation that the Secretary of State uphold, modify or rescind the suspension. The hearing must be conducted in accordance with the Maine Administrative Procedure Act.

[PL 2017, c. 327, §16 (RPR).]

4.  Rules.  The board may adopt rules pursuant to the Maine Administrative Procedure Act to carry out the purposes of this section. Rules adopted by the board may include authorizing the bureau to suspend a motor carrier's privilege to operate a commercial motor vehicle upon the bureau's review of the safety record of the motor carrier.

[PL 2017, c. 327, §17 (AMD).]

5.  Staffing and expenses.  The Secretary of State shall provide administrative support and compensation for actual and necessary expenses of the board.

[PL 1995, c. 376, §3 (NEW).]

SECTION HISTORY

PL 1995, c. 376, §3 (NEW). PL 2001, c. 361, §16 (AMD). PL 2009, c. 598, §24 (AMD). PL 2017, c. 327, §§16, 17 (AMD).