An Act To Amend the Laws Pertaining to the Removal of Submerged Vehicles No. 1022 March 6, 2007
Maine Legislature, Session 123, LD 1022
Committee: Transportation
Sponsors: NASS
Amends: 17 MRSA §2267-A

Legislative Document 
S.P.339 
An Act To Amend the Laws Pertaining to the Removal of 
Submerged Vehicles 
No. 1022 
March 6, 2007 
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 of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17 MRSA §2267-A, sub-§3, as amended by PL 2001, c. 536, §3, IS 
further amended to read: 
3. Owner legally liable to remove vehicle, snowmobile or motorboat. The owner 
of the vehicle is legally liable to remove any motor vehicle submerged or partially 
submerged in the waters of the State and pay any damages resulting from the submersion 
or removal. The vehicle must be removed within 30 days 48 hours of the submersion or 
partial submersion or ¥lithiA 30 days of "ice out" iA the body of .. vater as soon as safety 
and weather conditions permit unless the commissioner determines that the vehicle 
creates a health or safety hazard. If the commissioner determines that the vehicle creates 
a health or safety hazard the commissioner shall order the owner to remove the vehicle 
immediately. If the owner fails to remove the vehicle upon order of the commissioner, the 
commissioner shall, in writing, request the court to direct the owner to remove the vehicle 
immediately. The owner of a snowmobile or motorboat that is submerged in the inland 
waters of this State for longer than 24 hours shall remove the snowmobile or motorboat in 
accordance with this subsection. 
Sec.2. 17 MRSA §2267-A, sub-§3-A is enacted to read: 
3-A. Removal by State. If the owner refuses or fails to remove a submerged 
vehicle, snowmobile or motorboat as required by subsection 3, the department may 
contract for the removal of the vehicle, snowmobile or motorboat. The owner of the 
submerged vehicle, snowmobile or motorboat is strictly liable for the costs of removing 
the vehicle, snowmobile or motorboat and the costs of the investigation, containment, 
cleanup, removal and corrective measures associated with any discharge of pollutants 
from the vehicle, snowmobile or motorboat. The cost may be recoverable by the State in 
an action of debt brought by the Attorney General. 
The State shall impound any 
submerged vehicle, snowmobile or motorboat recovered under this section, at the expense 
of the owner, until all costs incurred by the State have been paid by the owner of the 
vehicle, snowmobile or motorboat. 
Sec. 3. 17 MRSA §2267-A, sub-§5, as amended by PL 2001, c. 536, §3, IS 
further amended to read: 
5. Penalties. A violation of this section is a civil violation for which a forfeiture fine 
of ~ 
$500 may be adjudged for each day the vehicle, snowmobile or motorboat 
remains in the water. In addition to a forfeiture fine, or instead of a forfeiture fine, the 
jHdge court may direct the person convicted to remove the vehicle, snowmobile or 
motorboat. 
SUMMARY 
This bill strengthens the laws concerning submerged motor vehicles, snowmobiles 
and motorboats by requiring them to be removed within 48 hours of submersion instead 
of 30 days, as in current law, safety and weather conditions permitting, and making an 
owner strictly liable for any removal or clean-up costs if the owner refuses or fails to 
Page I -123LR0531(Ot)-1 
remove the motor vehicle, snowmobile or motorboat within the time directed. This bill 
increases the penalty for a submerged motor vehicle, snowmobile or motorboat from 
$200 to $500 for each day the motor vehicle, snowmobile or motorboat is unlawfully 
submerged.