An Act To Change the Fine Structure for Overweight Hauling Vehicles
Maine Legislature, Session 122, LD 0441
Committee: Transportation
Sponsors: SAVIELLO, MARTIN, FISCHER, HOTHAM, JACKSON, LUNDEEN, MILLS, MOODY, TRAHAN, DAVIS
Amends: 29-A MRSA §2354, 29-A MRSA §2360

Legislative Document 
No. 441 
H.P.326 
House of Representatives, January 27, 2005 
An Act To Change the Fine Structure for Overweight Hauling 
Vehicles 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative SAVIELLO of Wilton. 
Cosponsored by Senator MARTIN of Aroostook and 
If/~ 
/f7. 7l!tJ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FISCHER of Presque Isle, HOTHAM of Dixfield, JACKSON of Fort Kent, 
LUNDEEN of Mars Hill, MILLS of Farmington, MOODY of Manchester, TRAHAN of 
Waldoboro, Senator: DAVIS of Piscataquis. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2354, sub-§2, as amended by PL 2001, c. 
261, §1 and affected by §16, is further amended to read: 
2. 
100,000 pounds. 
One hundred thousand pounds, as long as 
the vehicle meets these requirements: 
A. 
The distance between the extreme axles, excluding the 
steering axle, is not less than 36 feet as measured to the 
nearest foot. 
The maximum gross vehicle weight permitted is 
reduced by 2,000 pounds for each foot the distance is less 
than 
feet 
between 
the 
extreme 
axles, 
excluding 
the 
steering axle, measured to the nearest foot; 
B. 
The minimum distance between the steering axle and the 
first axle of the tandem-axle group is at least 10 feet as 
measured to the nearest foot; and 
C. 
The maximum weight on the: 
(1) 
Tandem axle does not exceed 41,000 pounds; and 
(2) 
Tri-axle does not exceed 50,000 pounds. 
Nothing contained in this subsection applies 
the Interstate Highway System as defined in 
Highway Act of 1956. 
to vehicles using 
the Federal Aid 
Except as provided in section 2360, subsections 4 
aBa~ 5 and 18, 
for 
vehicles 
operating 
under 
this 
subsection, 
gross 
vehicle 
weight violations are fined in accordance with the following 
schedule: 
Percent over 100,000 
pounds 
Fine for 
each percent 
$100 + $20 
for each 
percent over l'l'o 
$280 
+ $125 
for each 
percent over 10% 
$1,530 + $135 
for each 
percent over 20% 
31-40'l-o 
'l-o or more 
$2,880 + $150 
for each 
peFcent over 30~ 
$4,380 + 
$175 for each 
percent over 40~ 
For 
all vehicles 
manufactured, 
modified 
or 
retrofitted with 
liftable or variable load suspension axles after October 
30, 
1991, liftable or variable load suspension axles are permitted 
only 
under 
the 
following 
conditions: 
only 
one 
liftable or 
variable load axle may be present on the truck tractor and only 
one 
liftable or 
variable 
load 
axle 
may 
be 
present 
on 
the 
semi trailer; liftable or variable load axles must be located on 
the vehicle so that they are legally part of the tandem axle 
group or tri-axle group as appropriate; 
and the axle weight 
rating of liftable or variable load axles must conform to the 
expected loading of the suspension and must be 20,000 pounds or 
more. 
Sec. 2. 29-A MRSA §2360, sub-§2, as amended by PL 1995, c. 
546, §1, is further amended to read: 
2. 
Penalty. 
Notwithstanding section 101, subsection 85, a 
person who is guilty of excessive vehicle weight must be punished 
by a fine in accordance with this section. 
When both gross and 
axle weight limits are exceeded, the penalty imposed must be for 
the violation that results in the higher fine except that, for a 
violation of section 2355, a minimum fine must also be imposed 
for any other applicable violation of section 2355 in accordance 
with subsection 9. 
A law enforcement officer may not issue more 
than one citation to a person operating a commercial vehicle for 
an inspection or excessive vehicle weight violation within a 
24-hour period. 
Sec. 3. 29-A MRSA §2360, sub-§8, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
8. 
Multiple reductions. 
If multiple waivers or reductions 
of fines may apply, the subsection that gives the smallest fine 
applies. 
Reductions maY-BeE must be combined. 
Sec. 4. 29-A MRSA §2360, sub-§18 is enacted to read: 
18. 
Exception to fine schedule for owner with gross income 
under $100,000. The fine assessed for an excessive vehicle weight 
violation under this section must be reduced by 1/2 if the owner 
of the overweight vehicle has an annual gross income of less than 
$100,000. 
SUMMARY 
This bill reduces the fine assessed for an excessive vehicle 
weight violation if the owner of the commercial vehicle has a 
gross income of less than $100,000. 
The bill prohibits a law 
enforcement officer from issuing more than one citation to a 
commercial 
vehicle 
operator 
for 
an 
inspection 
or 
excessive 
vehicle weight violation within a 24-hour period. 
The bill also 
requires multiple reductions of fines that apply to an excessive 
vehicle weight violation to be combined.