An Act to Prohibit Parking in Access Aisles
Maine Legislature, Session 122, LD 1706
Committee Amendment CA_B_H765 (House)
Amends: 29-A MRSA §521, 30-A MRSA §3009

COMMITTEE AMENDMENT ,S" to 
Act To Prohibit Parking in Access 
H.P. 1213, L.D. 1706, Bill, "An 
Aisles" 
Amend the bill in section 1 in subsection 9-A in the last 
line (page 1, line 36 in L.D.) by inserting after the following: 
"placard." the following: 'Notwithstanding section 2604, a person 
who violates this subsection is subject to a fine of not less 
than $200 and not more than $500.' 
Further amend the bill by inserting after section 1 the 
following: 
'Sec.2. 29-A MRSA §521, sub-§9-B is enacted to read: 
9-B. 
Registered owner's liability for vehicle illegally 
Parked in disability parking §pace access aisle. 
A person who is 
a registered owner of a vehicle at the time that lTehicle is 
involveg in a violation of subsection 9-A commits 
a traffic 
infraction. 
For purposes of this subsection, "registered owner" 
includes a person issued a dealer or transporter registration 
plate. 
A. 
Anyone who observes a violation of subsection 9-A may 
report the violation to a law enforcement officer. 
If a 
report is made, the observer 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 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ':iJ" to H.P. 1213, L.D. 1706 
B. 
The investigating officer may cause the registered owner 
of the vehicle to be served with a summons for a violation 
of this subsection. 
C. 
Except as provided in paragraph D. it is not a defense 
to a violation of this subsection that a registered owner 
WgS not opergting the vehicle gt the time of the violation. 
D. 
The 
following 
are 
defenses to 
a 
violation of this 
subsection. 
(1) 
If a person other than the owner is found to be 
operating the vehicle at the time of the violation gnd 
is gdjudicated of violating subsection 9-A. 
then the 
registered owner may not be found in violgtion of this 
subsection. 
(2) 
If the registered owner is a lessor of vehicles 
and gt the time of the violgtion the vehicle WgS in the 
possession of a 
lessee. gnd the lessor provides the 
investigating 
officer 
with 
a 
copy 
of 
the 
lease 
agreement 
containing 
the 
informgtion 
required 
by 
section 254. then the lessee gnd not the lessor may be 
chgrged under this subsection. 
(3) 
If the vehicle is operated using a dealer or 
trgnsporter registration plate and at the time of the 
violgtion the vehicle was operated by gny person other 
than the degler or transporter. and if the dealer or 
trgnsporter provides the investigating officer with the 
name gnd address of the person who had control over the 
vehicle gt the time of the yiolgtion. then that person 
and not the degler or transporter may be charged under 
this subsection. 
(4) 
If a report that the vehicle was stolen is given 
to 
g 
law enforcement officer or 
ggency before the 
violgtion occur!? or within a reasonable time after the 
violation occurs. then the registered owner mgy not be 
chgrged under this subsection. 
E. 
Notwithstanding section 2604. a person who violates this 
subsection is !?ubject to a fine of not less than $200 and 
not more thgn $500. 
Sec. 3. 30-A MRSA §3009, sub-§l, 1ID, as amended by PL 2003, c. 
117, §l, is further amended to read: 
D. 
The following provisions apply to the establishment and 
COMM/rrEE AMENDMENT 
~~~ 
COMMITTEE AMENDMENT ,~ 
.. to H,P. 1213, L.D. 1706 
policing of parking spaces and access aisles for aaaaieappea 
disabled persons. 
(1) 
Municipal public parking areas are subject to any 
applicable requirements of the Maine Human Rights Act, 
Title 5, chapter 337, subchapter 5. 
The municipality 
shall post a 
sign adjacent to and visible from each 
aaaa~eappea disability parking space established by the 
municipality. 
The sign must display the international 
symbol for accessibility. 
(2-A) 
Enforcement of 
aaaa~eappea disability parking 
restrictions must be in accordance with Title 29-A, 
section 521, subsection 9-A. 
( 3) 
Any vehicle or motorcycle parked in a 
parking 
space 
clearly 
marked 
as 
a 
aaaaieappea 
disability 
parking 
space 
and 
that 
does 
not 
bear 
a 
special 
registration plate or placard issued under Title 29-A, 
section 521 or 
523, 
or 
a 
similar plate issued by 
another state, must be cited for a 
~er~ei~1:ire fine of 
not 
less 
than 
$199 
$200 
and 
not 
more 
than 
$500. 
"Clearly marked" includes painted signs on pavement and 
vertical standing signs that are visible in existing 
weather conditions. 
(4) 
The municipal officers may establish and enforce 
the time limit for use of a parking space reserved as a 
aaBa~eappea disability parking space on a public way or 
public parking area.' 
SUMMARY 
This amendment, which is the minority report of the Joint 
Standing Committee 
on Transportation, 
increases the fine 
for 
persons who illegally park in a disability parking space or an 
access aisle. 
This amendment also provides that the registered 
owner of a 
vehicle illegally parked in an access aisle also 
commits a traffic infraction and is also subject to a fine. 
The 
amendment provides for defenses for the registered owner of the 
vehicle 
found 
to 
be 
illegally parked 
in 
an 
access 
aisle. 
Finally, 
the 
amendment 
changes 
the term 
"handicapped parking 
space" to "disability parking space." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/09/06 frae. 
LD 1706 
LR 2621(03) 
An Act to Prohibit Parking in Access Aisles 
Fiscal Note for Bill as Amended by Committee Amendment ~" 
Committee: Transportation 
Fiscal Note Required: Yes 
Minority Report 
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. 
LR262 1 (3) - Fiscal Note - Page 1 of 1