Requirement for motor vehicle inspectors to obtain law enforcement training

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) -------~---""'--~- -~--- ,-:-~~-----------"-----, ' STATE: OF MAINE D1i::PAR'::l'MENT OF THE AT'rOHNEY GmNii:RAL AUGUSTA, MAINE 04333 Li m'lood Ross Deputy Secretary of Sta Motor Vehicle D1v1s1on Augusta, ME 04330 September 25, 1979 You l1avt;; requested an op1n1on of this office as to whether law en- forcemcmt training 1s mandated by State law for motor vehicle in- spectorz empowered by P.L. 1979, c. 559 to enforce the provisions of Chapter 51 subchapter III-A uf Title 29 of the Maine Revised Statutes Annotated. We Mswer 1n the negative. c.5 MHSA § .2H05 mandates tra1niny for a 11 fol l-tilii1:; h~, enforc;e-- ment officers employed by a municipa'li'ty or county. It a'lso r11anda training for all full-time corrections officers employed by a munic- 1pal ity, county, or by the State. It does not, however, mandate tra1n- ing for any fu11-t1me h~'i enforcement personnel emp1 oyed other than by a munic1pal1ty or countyt nor does it mandate training for any part- t1me law enforcement officors, however employed¼ FN#l P.L. 1979, c. 311 empowers the Maine Criminal Justice Academy to ,:::stablish standards and train'lng programs for reservfi and other part- time 1 aw enforcement officers. Such training 1s not mandatory. 25 MRSA § 2805. In each instance the training for a full-time law enforcement officer not covered by 25 MRSA § 2805 is specifically mandated by a separate statute. for which there is no analogue as motor vehicle inspectors. 25 MRSA § 280b (2)(A) defines 11full-time 11 as 11employment with the reasonable expectation of earning at least $4,000 in any one ••• year for performing law enforcement duties." The authority of motor vehicle inspectors to enforce the criminal law 1s 1 imited to enforcing 29 MRSA § 34, the only section in subchapter III-A establishing a criminal penalty. Thus, 1f a motor vehicle inspector does not expect to earn $4,000 a year enforcing 29 MRSA § 342, he may be considered a part-time officer, As stated above, there is no mandate for the training of part-time off1 cers. For the reasons stated above, we conclude that motor vehicle inspectors hired under the authority of 29 MRSA § 52 are not, by virtue of P.L. 1979, c. 559, required to undergo law enforcement training. If we may be of further assistance to you, please contact the office. JRE/11 cc: Stephen Diamond Steven Wright Sincerely yours, JAMES R. Em~IN Assistant Attorney General