An Act To Strengthen and Clarify Maine's Motor Vehicle Laws
Maine Legislature, Session 123, LD 1817
Committee: Transportation
Sponsors: DAMON, MARLEY, FISHER, HOGAN
Amends: 29-A MRSA §1752, 29-A MRSA §1753, 29-A MRSA §1756, 29-A MRSA §1762, 29-A MRSA §1763, 29-A MRSA §1764, 29-A MRSA §1916, 29-A MRSA §1920, 29-A MRSA §2054, 29-A MRSA §2057, 29-A MRSA §2251

Legislative Document 
S.P.646 
An Act To Strengthen and Clarify Maine's Motor Vehicle Laws 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
No. 1817 
April 3, 2007 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MARLEY of Portland and Representatives: FISHER of 
Brewer, HOGAN of Old Orchard Beach. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §1752, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
6. Moped or motorized bicycle or tricycle. A moped or a motorized bicycle or 
tricycle; 
Sec. 2. 29-A MRS A §1753, sub-§l, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
1. Inspection required. Except as provided in subsection 4, a commercial motor 
vehicle that is required to be registered in this State, is used in intrastate or interstate 
commerce and that has a gross vehicle weight or gross vehicle weight rating greater than 
10,000 pounds, including the gross vehicle weight rating or gross weight of any trailer or 
semitrailer, must be inspected annually pursuant to this chapter. Except as provided in 
subsection 4, a trailer or semitrailer that has a gross vehicle weight or gross vehicle 
weight rating greater than 7,000 pounds, independent of the towing vehicle, must be 
inspected annually. A trailer or semitrailer used with a eommereial vehiele required to be 
inspeeted must also be inspected.,. annually when: 
A. Engaged in interstate commerce and used with a motor vehicle that has a gross 
vehicle weight or gross vehicle weight rating greater than 10,000 pounds, including 
the gross vehicle weight or gross vehicle weight rating of a trailer or semitrailer and 
load; or 
B. Except as provided in subsection 4, engaged in intrastate commerce and used with 
a motor vehicle that has a gross vehicle weight or gross vehicle weight rating greater 
than 10,000 pounds, including the gross vehicle weight or gross vehicle weight rating 
of a trailer or semitrailer and load. 
Sec. 3. 29-A MRSA §1753, sub-§4, ~, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
D. 
A farm truck or a fish truck exempted under section 1752; ami 
Sec. 4. 29-A MRS A §1753, sub-§4,~, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
E. 
A trailer or semitrailer displaying a valid certificate of inspection from another 
state or a federally approved commercial vehicle inspection program until the normal 
expiration of its certificate of inspection.,.; and 
Sec. 5. 29-A MRS A §1753, sub-§4, ~F is enacted to read: 
F. A camp trailer. 
Sec. 6. 29-A MRSA §1756, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Page I - 123LR0499(OI)-1 
Sec. 7. 29-A MRS A §1757, as enacted by PL 1993, c. 683, Pt. A, §2 and affected 
by Pt. B, §5, is repealed. 
Sec. 8. 29-A MRSA §1762, sub-§I, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
1. Licensing of official inspection stations. The Chief of the State Police may 
license garages as part time or full time official inspection stations. 
Sec. 9. 29-A MRS A §1762, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 10. 29-A MRSA §1762, sub-§2-A is enacted to read: 
2-A. Requirements. To qualify as an official inspection station, a garage must 
comply with rules adopted by the Chief of the State Police. 
Sec. 11. 29-A MRSA §1762, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
4. Term of license. The license is valid for 2 years from Jaooary 15t of the year of 
tSStte the date of final license approval. 
Sec. 12. 29-A MRSA §1762, sub-§7, as enacted by PL 1995, c. 65, Pt. A, § 101 
and affected by § 153 and Pt. C, § 15, is amended to read: 
7. Hearing; appeals. If a person is aggrieved by the decision of the Chief of the 
State Police in refusing approval, that person may, within 30 days of notification of 
refusal to license, request a hearing before the Chief of the State Police or the chiefs 
designee. After the hearing, if an applicant is aggrieved by the final action of the chief, 
the applicant may appeal the decision in accordance with Title 5, Part 18. 
Sec. 13. 29-A MRSA §1763, first ~, as amended by PL 2003, c. 633, §3, is 
further amended to read: 
Notwithstanding Title 5, section 10003, a State Police officer or employee of the 
State Police designated as a motor vehicle inspector may immediately suspend or revoke 
the license issued to any official inspection station or the inspection mechanic certificate 
issued to any inspecting mechanic for a violation of this chapter or the rules promlilgated 
adopted pursuant to section 1769. The penalty for a first offense is a license suspension 
for a period of up to 6 months. The penalty for a 2nd or subsequent offense is a license 
suspension for a period of up to one year or license revocation. 
Sec. 14. 29-A MRSA §1764, sub-§2, ~A, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed. 
Sec. 15. 29-A MRSA §1916, sub-§I, ~C, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is further amended to read: 
C. 
A side window or rear window is composed of, covered by or treated with a 
material that has results in a light transmittance of less than W% 35%; or 
Sec. 16. 29-A MRS A §1916, sub-§2, ~C, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is repealed. 
Sec. 17. 29-A MRS A §1916, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is further amended to read: 
3. Light transmittance certificate. The owner or operator of a motor vehicle with 
tinted windows that are not replaced in accordance with Federal Motor Vehicle Safety 
Standard 205 or windows covered by or treated with tinting material must acquire a light 
transmittance certificate and must show the certificate to the inspection mechanic at the 
time of inspection. 
The Chief of the State Police may authorize a person to examine window glazing and tint 
material to determine compliance with this subsection. A person who, for compensation, 
installs tinted replacement windO't'ls or windo',"", tinting materials authorized under this 
subsection may issue a certificate for a motor vehicle that complies with the light 
transmittance standards and shall ensure compliance and issue a certificate for a vehicle 
on which that person has installed the tinted window or tinting material. 
Upon request, the Bureau of State Police shall provide light transmittance certificates to 
persons who, for compensation, install tinted replacement windO'lYs or \YAndow tinting 
materials a person authorized to issue a certificate under this subsection. 
Light 
transmittance certificates provided by the Bureau of State Police to installers in 
accordance with this subsection remain the property of the State. 
An installer A person authorized to issue a certificate under this subsection who is 
adjudicated of a violation of this section or files an answer of "not contested" to a 
summons for a violation of this section shall return all unissued light transmittance 
certificates to the Bureau of State Police within 10 days of adjudication or of filing the 
answer. 
The Bureau of State Police may not provide that installer with light 
transmittance certificates for a period of 6 months after the date of adjudication or filing 
an answer of "not contested." 
Sec. 18. 29-A MRS A §1917, sub-§4,~, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is further amended to read: 
B. 
Readings must be taken in 2 adjacent at least one major tread grooyes groove 
and must include at least 2 points in each of the grooves not closer than 15 inches. 
Sec. 19. 29-A MRSA §1920, as amended by PL 2005, c. 276, §2, is repealed. 
Sec. 20. 29-A MRSA §2054, sub-§l, ~E-l is enacted to read: 
E-1. 
"Fire department vehicle" means a vehicle owned by, registered to and 
maintained by a governmental agency or political subdivision that is equipped and 
used primarily for response to a fire or emergency situation. 
Sec. 21. 29-A MRSA §2057, sub-§10, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
to. Failure to yield; criminal offense. A person commits a Class E crime if that the 
person operates a vehicle past a yield sign and collides with a vehicle or pedestrian 
proceeding on the intersecting way. 
Sec. 22. 29-A MRSA §2057, sub-§10-A is enacted to read: 
to-A. Failure to yield; traffic infraction. A person commits a traffic infraction if 
the person operates a vehicle past a yield sign and fails to yield the right-of-way to a 
vehicle or pedestrian proceeding on the intersecting way. 
Sec. 23. 29-A MRSA §2251, sub-§l, as amended byPL 1999, c. 61, §1, is 
further amended to read: 
1. Definition. As used in this section, "reportable accident" means an accident on a 
public way or a place where public traffic may reasonably be anticipated, resulting in 
bodily injury or death to a person or apparent property damage of $1,000 or more. 
Apparent property damage under this subsection must be based upon the market value of 
the necessary repairs and may not be limited to the current value of the vehicle or 
property. 
SUMMARY 
This bill amends the motor vehicle laws to: 
1. Add mopeds to the list of vehicles exempt from motor vehicle inspections; 
2. Detail the circumstances under which a trailer or semitrailer must be inspected; 
3. Repeal certain inspection requirements; 
4. Provide that official inspection stations must comply with rules of the Chief of the 
State Police; 
5. Provide when inspection station licenses expire; 
6. Clarify that inspection station license appeal hearings may be conducted by a 
designee of the Chief of the State Police; 
7. Clarify penalties with respect to violations by inspection stations or inspection 
mechanics; 
8. Amend the laws regarding reflective and tinted glass; 
9. Amend the laws regarding tire tread depths; 
10. Repeal a provision applicable to vehicle frame height; 
11. Create a definition for "fire department vehicle"; 
12. Establish a traffic infraction for failure to yield; and 
13. Clarify" apparent property damage" in the definition of "reportable accident."