An Act To Enhance the Safety of Fire and Emergency Medical Service Personnel
Maine Legislature, Session 122, LD 1337
Committee: Transportation
Sponsors: NASS
Amends: 29-A MRSA §2078, 29-A MRSA §2414

Legislative Document 
No. 1337 
S.P.464 
In Senate, March 17,2005 
An Act To Enhance the Safety of Fire and Emergency Medical 
Service Personnel 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator NASS of York. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 29·A MRSA §IOI, sub·§58·A is enacted to read: 
58-A. 
Public safety official. 
"Public safety official" 
means a member of a fire department, rescue or ambulance service 
or other municipal emergency service or a person who by virtue of 
public employment is vested by law with a duty to maintain public 
safety. 
Sec. 2. 29·A MRSA §2057, first 1r, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
An 
operator shall obey 
a 
traffic-control device, 
unless 
otherwise directed by a law enforcement officer or public safety 
official. 
A 
traffic-control 
device 
conforming 
to 
the 
requirements for these devices is presumed to comply with this 
chapter. 
Sec. 3. 29-A MRSA §2078, as amended by PL 1999, c. 183, §11, 
is repealed and the following enacted in its place: 
§2078. Emergency rule 
1. 
Closure of way. 
For public safety or convenience, 
during 
a 
fire, 
accident, 
emergency or special event, 
a 
law 
enforcement officer or public safety official may temporarily 
close a way to vehicular traffic or to vehicles of a certain 
description or divert pedestrian or vehicular traffic. 
2. 
Violation. 
An operator or pedestrian commits a Class E 
crime if that operator or pedestrian refuses to 
follow the 
directions for the movement of vehicles or pedestrians on request 
or signal of a law enforcement officer or public safety official. 
3. 
Registered 
owner's 
liability for 
vehicle 
illegally 
refusing to follow directions of public safety official. 
A 
person who is a registered owner of a vehicle at the time that 
vehicle is involved in a violation of subsection 2 commits a 
traffic infraction. 
For purposes of this subsection, "registered 
owner" 
includes 
a 
person 
issued 
a 
dealer 
or 
transporter 
registration plate. 
A. 
A public safety official who observes a violation of 
this section may report the violation to a law enforcement 
officer. 
If a report is made, the public safety official 
shall report the time and the location of the violation and 
the registration plate number 
and 
a 
description of the 
vehicle 
involved. 
The 
officer 
shall 
initiate 
an 
683, 
investigation of the reported violation and, if possible, 
contact the registered owner of the motor vehicle involved 
and request that the registered owner supply information 
identifying the operator. 
B. 
The investigating officer may cause the registered owner 
of the vehicle to be served with a summons for a violation 
of this section. 
C. 
Except as provided in paragraph D, it is not a defense 
to a violation of this section that a registered owner was 
not operating the vehicle at the time of the violation. 
D. 
The 
following are defenses 
to 
a 
violation of this 
section. 
(1) 
If a person other than the owner is convicted of 
operating the vehicle at the time of the violation in 
violation of subsection 2, then the registered owner 
may not be found in violation of this section. 
(2) 
If the registered owner is a lessor of vehicles 
and at the time of the violation the vehicle was in the 
possession of a lessee, and the lessor provides the 
investigating 
officer 
with 
a 
copy 
of 
the 
lease 
agreement 
containing 
the 
information 
required 
by 
section 254, then the lessee and not the lessor may be 
charged under this subsection. 
(3) 
If the vehicle is operated using 
a 
dealer or 
transporter registration plate and at the time of the 
violation the vehicle was operated by any person other 
than the dealer or transporter, and if the dealer or 
transporter provides the investigating officer with the 
name and address of the person who had control over the 
vehicle at the time of the violation, then that person 
and not the dealer or transporter may be charged under 
this subsection. 
(4) 
If a report that the vehicle was stolen is given 
to 
a 
law enforcement officer or 
agency before 
the 
violation occurs or within a reasonable time after the 
violation occurs, then the registered owner may not be 
charged under this subsection. 
E. 
Notwithstanding subsection 2, a person who violates this 
subsection commits a traffic infraction. 
Sec. 4. 29-A MRSA §2414, sub-§l, ,A, as enacted by PL 1993, c. 
Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
"Roadblock" means a vehicle, a physical barrier or other 
obstruction placed on 
a 
way at the direction of 
a 
law 
enforcement officer or public safety official. 
Sec. 5. 29-A MRSA §2414, sub-§2, as affected by PL 1995, c. 
65, Pt. A, §153 and amended by Pt. C, §12 and affected by §15, is 
further amended to read: 
2. 
Failure to stop. 
A person commits a Class E crime if 
that person fails or refuses to stop a motor vehicle on request 
or signal of a uniformed law enforcement officer or public safety 
official. 
Sec. 6. 29-A MRSA §2414, sub-§4, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
4. 
Passing a roadblock. 
A person commits a Class C crime 
if the person, without authorization, operates or attempts to 
operate 
a 
motor 
vehicle past 
a 
clearly identifiable police 
roadblock or roadblock erected by a public safety official. 
SUMMARY 
This bill creates the position of "public safety official" 
and provides this position with the authority to control traffic 
in emergency situations. 
Failure to comply with the directions 
of 
a 
public safety official is an infraction for which the 
registered owner of the vehicle is responsible unless proven 
otherwise.