An Act To Allow Firefiqhters and Emerqency Service Personnel To Direct Traffic Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 29·A MRSA §2091 is enacted to read: §2091. Control of vehicular traffic at emergency scenes 1. Definition. For the purposes of this section, "public safety traffic nagger means a municipal firefighter, a volunteer firefighter or a member of an emergency medical service licensed by the Department of Public Safety, Maine Emergency Medical Services who is trained in accordance with subsection 2 and authorized by the chief official of the fire department or emergency medical service to control vehicular traffic. 2. Training. All public safety traffic flaggers must receive training approved by the Department of Labor, Bureau of Labor Standards in controlling traffic on public ways. Training may consist of video instruction, instruction in a classroom setting, distribution of informational handbooks or other educational materials or other training activities. Page l-LR0765(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1337
Committee Amendment CA_A_S167 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 464, L.D. 1337, Bill, "An 
Act To Enhance the Safety of Fire and Emergency Medical Service 
Personnel" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Allow Firefiqhters and Emerqency Service Personnel To 
Direct Traffic' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 29·A MRSA §2091 is enacted to read: 
§2091. 
Control of vehicular traffic at emergency scenes 
1. 
Definition. 
For the purposes of this section, "public 
safety 
traffic 
nagger" 
means 
a 
municipal 
firefighter, 
a 
volunteer firefighter or a member of an emergency medical service 
licensed by the Department of Public Safety, 
Maine 
Emergency 
Medical Services who is trained in accordance with subsection 2 
and authorized by the chief official of the fire department or 
emergency medical service to control vehicular traffic. 
2. 
Training. 
All 
public 
safety traffic flaggers 
must 
receive training approved by the Department of Labor, Bureau of 
Labor Standards in controlling traffic on public ways. 
Training 
may consist of video instruction, 
instruction in a 
classroom 
setting, 
distribution 
of 
informational 
handbooks 
or 
other 
educational materials or other training activities. 
Page l-LR0765(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A, to S.P. 464, L.D. 1337 
3. 
Authority. 
Notwithstanding any other provision of this 
Title. a public safety traffic flagger shall wear a reflective 
traffic vest or protective clothing as defined by Title 26. 
section 2103. 
subsection 3 
and has the authority to control 
vehicular traffic on a public way at or to reroute vehicular 
traffic around a public safety emergency. including a medical 
emergency. 
motor 
vehicle 
accident. 
fire. 
hazardous materials 
incident or other natural or man-made disaster or a training 
operation. unless otherwise directed by a law enforcement officer. 
4. 
Obeying public §afety traffic flagger. 
An operator of a 
motor vehicle on a public way shall obey a request or signal of a 
person who is reasonably identifiable as a public safety traffic 
flagger. 
A violation of this subsection is a traffic infraction. 
5. 
Registered owner's liability. 
A person 
who 
is 
a 
registered owner 
of 
a 
vehicle at the time 
that vehicle is 
involved in 
a 
violation of 
subsection 
commits 
a 
traffic 
infraction. 
For the purposes of this subsection. "registered 
owner" 
includes 
a 
p§rson 
issued 
a 
d§al§r 
or 
transporter 
registration plat§. 
A. 
A public safety traffic flagger who observes a violation 
of 
subsection 
may 
r§port 
the 
violation 
to 
a 
law 
enforcement officer. 
If a report is made. the public safety 
traffic flagger shall report the time and the location of 
the violation and 
th§ 
registration plate 
number 
and 
a 
description of the vehicle inyoly§d. 
Th§ offic§r shall 
initiat§ an inv§stigation of th§ nported violation and. if 
possible. contact the register§d owner of the motor vehicle 
inVOlved 
and 
request 
that 
the 
registered 
owner 
supply 
information 
identifying 
the 
operator 
of 
the 
registered 
owner's motor vehicle at the time of the incident. 
B. 
The investigating officer may cause th§ registered owner 
of the vehicle to be served with a summons for a violation 
of this subs§ction. 
C. 
Except as provided in paragraph D. it is not a defense 
to a violation of this subsection 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 
subsection. 
(1) 
If a person other than the registered owner is 
operating the vehicle at the time of the violation of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A 
.. to s.P. 464, L.D. 1337 
subsection 4 and is convicted of that violation, the 
registered owner may not be found in violation of this 
subsection. 
(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, the lessee, 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 oyer the 
vehicle at the time of the violation, that person, not 
the dealer or transporter, may be charged under this 
subsect.ion. 
(4) 
If 
a 
report that the vehicle 
was 
stolen is 
provided to a law enforcement officer or agency before 
the violation occurs or within a reasonable time after 
the violation occurs and an investigation determines 
the vehicle was stolen, the registered owner may not be 
charged under this subsection. I 
SUMMARY 
This amendment replaces the bill and authorizes municipal 
and 
volunteer 
firefighters 
and 
emergency 
medical 
services 
personnel to direct traffic at or reroute traffic around an 
emergency scene or training operation if the firefighters or 
emergency 
medical 
service 
personnel 
are 
trained 
in traffic 
direction and designated as public safety traffic flaggers by the 
chief official of the fire department or the emergency medical 
service. 
The amendment also creates 2 new traffic infractions, 
one for the operator failing to obey a public safety traffic 
flagger and the other for the registered owner of a 
vehicle 
involved in such an incident. 
;FISCAL NOTE REQUIRED 
{See .. 8ttached) 
COMMITTEE AMENDMENT 
Approved: 05/06/05 ~ae. 
LD 1337 
LR0765(02) 
An Act To Enhance the Safety of Fire and Emergency Medical Service Personnel 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new traffic infraction. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Bureau of Labor Standards within the Department of Labor can be absorbed within existing 
budgeted resources. 
LR0765(2) - Fiscal Note - Page 1 of 1 
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