An Act To Make Additional Allocations from the Highway Fund and Other Funds for the Expenditures of State Government and To Change Certain Provisions of State Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2005 and June 30, 2006
Maine Legislature, Session 122, LD 1974
Committee Amendment CA_A-SA_B_S634 (Senate)
Amends: 29-A MRSA §555, 29-A MRSA §1252

SENATE 
AMENDMENT "/3,, to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1382, 
L.D. 
1974, Bill, 
"An Act To Make Additional Allocations 
from the Highway Fund and Other Funds for the Expenditures of 
State Government and To Change Certain Provisions of State Law 
Necessary to the Proper Operations of State Government for the 
Fiscal Years Ending June 30, 2005 and June 30, 2006" 
Amend the amendment by inserting after Part Q the following: 
'PARTR 
Sec. R-l. 29-A MRSA §555, sub-§2, as amended by PL 1999, c. 
183, §§2 and 3, is further amended to read: 
2. 
Adoption of federal regulations. 
The bureau may adopt 
rules to incorporate by reference federal regulations in 49 Code 
of Federal Regulations, Parts 40, 382, llh 390, 391, 392, 
393, 
and 
396, 
as 
amended, 
and may 
adopt 
amendments 
to 
those 
federal 
regulations. 
The 
following 
prov1s1ons 
apply 
to 
the 
adoption of federal regulations under this section. 
A. 
The Maine Administrative Procedure Act does not apply to 
the adoption by reference of federal regulations under this 
subsection. 
C. 
For every rule adopted under this subsection: 
(1) 
The bureau shall file with the Secretary of State: 
Page l-LR3082(17) 
SENATE AMENDMENT 
~~'i:J. 
SENATE AMENDMENT "/;" to COMMITTEE AMENDMENT "A" to H.P. 
1382, 
L.D. 1974 
(a) 
A certified copy of the rule; 
(b) 
A published copy of the federal regulation or 
amendment as printed in the Federal Register; and 
(c) 
Annually, 
a published copy of 
volume 
of 
the 
Code 
of 
Federal 
containing the federal regulationt-aBei 
the updated 
Regulations 
The bureau shall make available for inspection at no charge, 
and for copying at actual cost, a current published copy of 
the referenced federal regulations. 
D. 
The Secretary of State shall publish, pursuant to Title 
5, 
section 8053, 
subsection 5, 
a 
notice containing the 
following information: 
(1) 
A statement that the rule has been adopted and its 
effective date; 
(2) 
A brief description of the substance of the rule 
and the referenced federal regulation or amendment; and 
(3) 
The addresses at which copies of the rule and the 
federal regulation or amendment may be obtainedti 
E. 
The Secretary of State shall maintain and make available 
at the Secretary of State's office for inspection at no 
charge, and for copying or purchase at actual cost, current 
copies 
of 
these 
rules 
and 
include 
them 
within 
the 
compilations subject to Title 5, section 8056, subsection 3, 
paragraphs A-I and B. 
The Secretary of State shall also 
make available for inspection at no charge and for copying 
at actual cost a current published copy of the referenced 
federal regulations and amendmentst-aBei 
F. 
A rule adopted under this section may not take effect 
until at least 5 days after filing with the Secretary of 
State, 
except that, 
if the 
bureau finds 
that 
immediate 
adoption of the rule is necessary to avoid an immediate 
threat to public health, 
safety or general welfare, 
the 
bureau may adopt the rule as an emergency rule in accordance 
with Title 5, 
section 8054, 
and that rule takes effect 
immediately. 
Sec. R-2. 29-A MRSA §1252, sub-§l, ~C, as amended by PL 200l, 
c. 486, §2, is further amended to read: 
SENATE AMENDMENT 
Z 
SENATE AMENDMENT .1)" to COMMITTEE AMENDMENT "A" to H.P. 
1382, 
L.D. 1974 
C. 
A Class C license may be issued for the operation of a 
single vehicle or a combination of vehicles that does not 
meet the definition of Class A or Class B license. 
A holder of a 
Class C license may, 
with an appropriate 
endorsement, operate all vehicles in that class. 
A Class C license authorizes: 
(1) 
A fUll-time or volunteer member of an organized 
municipal, state or federal fire department to operate 
fire 
apparatus 
as 
described in 
Code 
of 
Federal 
Regulations, Section 383.3 (Z005); 
(Z) 
A person to operate recreational vehicles 
for 
personal use; 
(3) 
A person to operate military vehicles..L including 
National 
Guard 
vehicles, 
for 
military 
purposes 
as 
re~uired in 49 
Code of Federal Regulations, 
Section 
383.3 (Z005); 
(4) 
A person to operate registered farm motor trucks 
bearing the letter "F" on the registration plate wi\:J:l.iB 
±§G--mi-J:.e.s.--&f--t.J:l.e--~i-s-tr,e.H!4-~...!-5--:EarmT when the 
vehicle is: 
(a) 
Controlled 
and 
operated 
by 
a 
farmer, 
including operation by employees or family members; 
(b) 
Used to transport agricultural products, farm 
machinery or farm supplies to or from a farm: 
(c) 
Not used in the operation of a 
common or 
contract motor carrier; and 
(d) 
Used 
within 
miles 
of 
the 
registered 
owner's farm; 
(5) 
A person, 
employed 
by 
a 
city, 
town, 
county, 
district or other unit of local government created by 
or pursuant to law that has a total population of 3,000 
individuals or 
less, 
to operate 
a 
commercial 
motor 
vehicle wi thin the boundaries of that unit of local 
government for the purpose of removing snow or ice from 
a roadway by plowing, sanding or salting, if: 
(a) 
The properly licensed employee who ordinarily 
operates 
a 
commercial 
motor 
vehicle 
for 
those 
purposes is unable to operate the vehicle; or 
SENATE AMENDMENT 
SENATE AMENDMENT "-8" to COMMITTEE AMENDMENT "A" to H.P. 
1382, 
L.D. 1974 
(b) 
The employing governmental entity determines 
that a snow or ice emergency exists that requires 
additional assistance; or 
(6) 
A person to operate 
a 
truck registered as 
an 
antique automobile, regardless of weight or combination 
weight, provided the vehicle is used for noncommercial 
recreational purposes or purposes pursuant to section 
101, subsection 3.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment 
Part 
letter 
by relettering or renumbering 
or 
section 
number 
to 
read 
SUMMARY 
This amendment makes changes to ensure compliance with the 
federal Commercial Motor Vehicle Safety Act of 1986 to preserve 
approximately $4,500,000 of federal highway funds. 
Specifically, 
this amendment makes state law consistent with applicable federal 
regulations granting waivers from the commercial driver licensing 
requirements 
for 
persons 
operating 
fire 
apparatus, 
military 
vehicles and farm trucks. 
The amendment further authorizes the 
Department of Public Safety, Bureau of State Police to adopt by 
reference the federal regulations establishing minimum fines for 
out-of-service violations. 
/:k~ 
SPONSORED BY: 
/ 1£,. ~/ 
-<'--
'tZ-1I~ 
(Senator SAVAGE) 
COUNTY: 
Knox 
FISCAL V rr r REQli} I, 
(Sec attached) 
SENATE AMENDMENT 
Approved: 04/27/06 ;;tvac:.. 
LD 1974 
LR 3082(17) 
An Act to Make Additional Allocations from the Highway Fund and Other Funds for the 
Expenditures of State Government and To Change Certain Provisions of State Law Necessary to the 
Proper Operations of State Government for the Fiscal Years Ending June 30, 2006 and June 30, 2007 
Fiscal Note for Senate Amendment . .£" to Committee Amendment" A " 
Sponsor: Sen. Savage 
Fiscal Note Required: Yes 
Fiscal Note 
A voids potential un budgeted loss of federal funding for highway purposes 
Fiscal Detail and Notes 
In ensuring statutory compliance with the Federal Commercial Motor Vehicle Safety Act, this amendment avoids the 
annual loss of 5% of total Federal Highway Administration funding which is estimated to have a value of 
approximately $4,500,000. 
LR3082(l7) - Fiscal Note - Page 1 of 1