An Act To Amend Certain Transportation Laws
Maine Legislature, Session 122, LD 1750
Committee: Transportation
Sponsors: DAMON, MARLEY, SAVAGE, McKENNEY
Amends: 23 MRSA §708, 23 MRSA §1914, 29-A MRSA §2054

Legislative Document 
No. 1750 
S.P.667 
In Senate, December 30, 2005 
An Act To Amend Certain Transportation Laws 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MARLEY of Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: SAVAGE of Knox, Representative: McKENNEY of Cumberland. 
PI intcd on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §708, sub-§3, as enacted by PL 1991, c. 481, 
§2, is amended to read: 
3. 
Exceptions. 
Exceptions 
from the provisions 
of this 
section are permitted only when: 
A. 
Federal laws, rules and regulations take precedence over 
these provisions; 9F 
B. 
The commissioner determines that there is a compelling 
safety interest that can not be addressed by any other 
method ... .L....QL 
C. 
The commissioner determines that a lighting installation 
is related to a department project of state and regional 
significance and is supported by municipalities directly 
affected by the installation. 
Sec. 2. 23 MRS A §1912-B, first " 
as amended by PL 1995, c. 
663, §1, is further amended to read: 
Pursuant 
to 
rules 
adopted 
under 
this 
section, 
the 
commissioner may authorize the placement of logo signs within the 
right-of-way of the interstate system. 
A logo sign may not be 
larger than existing service information signs permitted on the 
interstate highway. 
Logo signs may be installed only on portions 
of the interstate highway that are rural in character or on 
certain connector highways where it is necessary to establish, 
continuity for logo signs erected on the Maine Turnpike. 
A logo 
sign may include only logos for gas, food, lodging aaeL camping 
and 
attractions. 
Applications 
from 
at 
least 
qualified 
businesses must be approved before installation of a logo sign 
panel at an exit. 
Logos for 2 or more types of service may be 
displayed on the same sign panel. 
More than one logo sign panel 
may be installed at an exit only when 
or more qualified 
businesses are available for each of 2 or more types of service. 
The number of logo sign panels at an exit may not exceed one for 
each type of service or 
a 
total of 
~ for all types 
of 
services. 
Rules adopted under this section must regulate the 
size, shape, manner and location of logo signs and must describe 
the procedure for applying to the department for permission to 
erect a logo sign and the criteria used by the department to 
select among applicants. 
The 
commissioner shall establish aa 
iai~ial-fee fees for the production and placement of a logo sign 
and aa annual fee fees to cover the maintenance costs. 
~ee6 
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Page l-LR3017(1) 
• 
Sec. 3. 23 MRSA §1914, sub-§U-A, 1[B, as amended by PL 2005, 
c. 195, §l, is further amended to read: 
B. 
The display on each side of a changeable sign: 
(1) 
May be changed no more than once every 20 minutes, 
unless the municipality in which the sign is located 
adopts an ordinance to the contrary and notifies the 
Department 
of 
Transportation 
in 
writing 
of 
that 
ordinance. 
If a municipal ordinance is adopted, 
the 
municipality is responsible for the administration of 
that ordinance; 
(2) 
Must 
change 
as 
rapidly 
as 
technologically 
practicable, . with 
no 
phasing, 
rolling, 
scrolling, 
flashing or blending, unless the municipality in which 
the sign is located adopts an ordinance to the contrary 
and 
notifies 
the 
Department 
of 
Transportation 
in 
writing of that ordinance. 
If a municipal ordinance is 
adopted, 
the 
municipality 
is 
responsible 
for 
the 
administration of that ordinance. 
Notwithstanding this 
subparagraph, a municipality may not adopt an ordinance 
that allows the sign to flash; and 
(3) 
May consist only of alphabetic or numeric text on 
a plain background and may not include any graphic, 
pictorial or photographic images. 
Sec. 4. 29-A MRSA §2054, sub-§2, 1[C, as amended by PL 2005, c. 
314, §12, is further amended to read: 
C. 
The use of amber lights on vehicles is governed by the 
following. 
(1) 
A. 
vehicle engaged in highway maintenance or in 
emergency rescue operations by civil defense and public 
safety agencies and a public utility emergency service 
vehicle may be equipped with auxiliary lights that emit 
an amber light. 
(2) 
A. wrecker must be equipped with a flashing light 
mounted on top of the vehicle in such a manner as to 
emit an amber light over a 360' angle. 
The light must 
be in use on a public way or a 
place where public 
traff ic may reasonably be anticipated when servicing, 
freeing, loading, unloading or towing a vehicle. 
(3) 
A. 
vehicle 
engaged in 
snow 
removal 
or 
sanding 
operations on a public way must be equipped with and 
display at--J-e-atrt--6 an auxiliary 
;biliJb.ts-~-e4--G-n--tb.e 
Ri~Res~--p~ae~ieal-~i&&-~-~~-~~~~~-aBQ--p~eYiQe 
light that provides visible light coverage over a 360' 
range. 
The 
H~Rts light must emit an amber beam of 
lightT-Be-~-~~-~-~-i&-QiameteF and be equipped 
wi th £ 
blinking 
at~aeRmeRts or strobe light function 
and have sufficient intensity to be visible at 500 feet 
in normal daylight. 
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When the 
left wing of a plow is in operation and extends over 
the center of the road, an auxiliary light must show 
the extreme end of the left wing. 
That light may be 
attached to the vehicle so that the beam of light 
points at the left wing. 
The light illuminating the 
left wing may be controlled by a separate switch or by 
the regular lighting system and must be in operation at 
all times when the vehicle is used for plowing snow on 
public ways. 
(4) 
A vehicle equipped and used for plowing snow on 
other 
than 
public 
ways 
may 
be 
equipped 
with 
an 
auxiliary rotary flashing light that must be mounted on 
top of the vehicle in such a manner as to emit an amber 
beam of light over a 360' angle, or an amber strobe, or 
combination of strobes, that emits at a minimum a beam 
of 50 candlepower and provides visible light coverage 
over a 360' range. 
The light may be in use on a public 
way only when the vehicle is entering the public way in 
the 
course 
of 
plowing 
private 
driveways 
and 
other 
off-highway locations. 
(5) 
A 
rural 
mail 
vehicle 
may 
be 
equipped 
with 
auxiliary lights. 
(a) 
The lights used to the front must be white or 
amber, or any shade between white and amber. 
(b) 
The lights used to the rear must be amber or 
red, or any shade between amber and red. 
(c) 
The lights, whether used to the front or 
rear, must be mounted at the same level and as 
widely spaced laterally as possible. 
(d) 
The lights, whether used to the front or 
rear, must flash simultaneously. 
• 
(e) 
The lights must be visible from a distance of 
at least 
feet 
aBaeF in normal 
a~me6pheFie 
eeBai~ieBs-a~-Bi~h~ daylight. 
(6) 
A vehicle used or provided by a contract security 
company to assist in traffic control and direction at 
construction or maintenance sites on a public way may 
be equipped with auxiliary lights. 
Effective July 1, 
1996, 
the auxiliary lights must be amber. 
Prior to 
July 1, 
1996, the auxiliary lights must be green or 
amber. 
(7) 
A Department of Public Safety vehicle operated by 
a 
motor 
carrier 
inspector 
may 
be 
equipped 
with 
auxiliary lights that emit an amber light. 
(8) 
A 
vehicle 
used 
by 
an 
animal 
control officer 
appointed pursuant to Title 7, 
section 3947 
may be 
equipped with auxiliary lights that emit 
a 
flashing 
amber light. 
(9) 
A refuse, garbage or trash business vehicle used 
by an individual to transport refuse, garbage and trash 
may 
be 
equipped with auxiliary lights that emit 
a 
flashing amber light. 
SUMMARY 
This bill makes the following changes to the laws governing 
transportation. 
1. 
It 
allows 
for 
an 
exception 
to 
outdoor 
luminaire 
requirements if the Commissioner 
of Transportation determines 
that the lighting is related to a Department of Transportation 
project of state and regional significance and is supported by 
municipalities directly affected by the installation. 
2. 
This bill allows for attractions to be included on logo 
signs on the interstate highway system and allows for logo signs 
on certain connector highways where it is necessary to establish 
continuity for logo signs erected on the Maine Turnpike. 
3. 
It requires local administration of municipal ordinances 
adopted regarding changeable signs. 
4. 
It adds language to 
provisions of the auxiliary 
technology. 
and removes requirements from the 
light statute to reflect current