An Act To Improve Road Safety and Update Bicycling Laws
Maine Legislature, Session 123, LD 1808
Committee Amendment CA_A_S166 (Senate)
Amends: 29-A MRSA §2063, 29-A MRSA §2063-C, 29-A MRSA §2070, 29-A MRSA §2085

COMMITTEE AMENDMENT "A " to S.P. 643, L.D. 1808, Bill, "An Act To 
Improve Road Safety and Update Bicycling Laws" 
Amend the bill by striking out all of section 1. 
Amend the bill in section 2 in § 159-0 in subsection 1 in the 2nd line (page 1, line 10 
in L.D.) by striking out the following: "that" and inserting the following: 'who' 
Amend the bill in section 2 in § I59-D by striking out all of subsection 3 (page 1, 
lines 15 and 16 in L.D.) and inserting the following: 
'3. No duty created. This section does not create a duty of care or ground for 
liability.' 
Amend the bill in section 4 in subsection 2 in paragraph B in the first line (page 1, 
line 33 in L.D.) by inserting after the following: "for" the following: 'or making' 
Amend the bill in section 4 in subsection 2 in paragraph C (page 1, line 35 in L.D.) 
by striking out the following: "approaching" and inserting the following: 'proceeding 
straight in' 
Amend the bill in section 4 in subsection 2 by inserting at the end the following: 
'This subsection does not apply in a municipality that. by ordinance approved by the 
Department of Public Safety and the Department of Transportation, makes other 
provisions regarding the operating location of a bicycle on a roadway.' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 29-A MRSA §2063, sub-§7, as repealed and replaced by PL 2001, c. 
667, Pt. C, § 17, is amended to read: 
7. Penalties. A person 17 years of age or over who violates this section commits a 
traffic infraction civil violation for which a forfeiture fine of 00 not less than $25 and not 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT '',4 "to S.P. 643, L.D. 1808 
more than $W $250 may be adjudged. A person under 17 years of age is not subject to a 
fine under this section.' 
Amend the bill by striking out all of section 8. 
( 
Amend the bill in section 9 in §2063-B in subsection 3 in the last line (page 2, line 29 
in L.D.) by striking out the following: "traffic infraction" and inserting the following: 
'civil violation for which a fine of not less than $25 and not more than $250 may be 
adjudged' 
Amend the bill by striking out all of section 10 and inserting the following: 
'Sec. 10. 29-A MRSA §2063-C is enacted to read: 
§2063-C. Operating a bicycle under the influence 
A person may not operate a bicycle on a pubiic way while under the influence of 
intoxicants or while having a blood-alcohol level 0[0.08% or more. For purposes of this 
section, "under the influence of intoxicants" has the same meaning as in section 240 I, 
subsection 13. A person who violates this section commits a civil violation for which a 
fine of not less than $25 and not more than $250 may be adjudged. 
Sec. 11. 29-A MRSA §2070, sub-§I-A is enacted to read: 
I-A. Passing bicycle. An operator of a motor vehicle that is passing a bicycle 
proceeding in the same direction shall exercise due care by leaving a distance between the 
motor vehicle and the bicycle of not less than 3 feet while the motor vehicle is passing the 
bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a 
no-passing zone only when it is safe to do so.' 
Amend the bill by striking out all of sections 12 and 13 and inserting the following: 
'Sec. 12. 29-A MRSA §2085, as amended by PL 1999, c. 753, §5, is further 
amended to read: 
§2085. Designated no-passing zones in residential areas 
A municipality may request the department to designate a segment of a state or state 
aid highway in that municipality as a no-passing zone if the highway is outside the 
compact area of an urban compact municipality, as defined in Title 23, section 754. Such 
a request must be in writing to the commissioner and may be made only with the approval 
of the municipality's legislative body. A request is limited to segments of 2-lane ways in 
primarily residential areas and must be accompanied by a map showing the location of 
the proposed no-passing zone or zones and a written explanation of the need for such a 
zone in each location. 
The commissioner shall approve such a request unless the 
commissioner determines that granting such a request will unreasonably restrict the 
efficient flow of traffic or result in a threat to public safety in that location. 
The 
commissioner shall notify the municipality in writing of the commissioner's decision 
within 30 days of receiving the written request from the municipality. If a request is 
denied, the notification must state the specific reasons for the denial. A municipality 
whose request is denied may request the department to hold a public hearing within that 
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COMMITTEE AMENDMENT" A" to S.P. 643, L.D. 1808 
municipality for the purpose of receiving public input on the requested change. The 
department shall hold the hearing within 30 days after a request is made and must inform 
the municipality of its final decision within 30 days after the hearing is held. 
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As soon as practicable after approving a municipal request, the department shall 
ensure that double, solid, yellow center lines are painted along the entire length of the no-
passing zone and that the zone is posted as a no passing zone, at a minim\:lffi, in eaeh 
direetion at the start and end of the zone. The m\:lnieipality may reEl\:lest additional 
posting along the length of the zone and shall reime\:lrse the department for the eosts of 
all posting. 
A no-passing zone is not enforceable until the painting and posting required by this 
section is completed. 
A motor vehicle operator who passes another motor vehicle 
traveling in the same direction in a no-passing zone commits a traffic infraction. 
Nothing in this seetion limits the enforeeaeility. of signs installed \:Inder seetion 2051.' 
Amend the bill in section 14 in §2326 in the first paragraph in the first line (page 4, 
line 21 in L.D.) by striking out the following: "traffic infraction" and inserting the 
following: 'civil violation' 
Amend the bill in section 14 in §2326 in subsection 2 in the 2nd and 3rd lines (page 
4, lines 27 and 28 in L.D.) by striking-out the following: itA law enforcement officer may 
waive the fine" and inserting the following: 'The fine may be waived' 
Amend the bill by striking out all of sections 15 to 17. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following: 
1. It removes from the bill the provision that proposes to make "Bicycling Street 
Smarts" by John S. Allen the official state bicycling manual; 
2. It modifies the provision of the bill relating to operating a bicycle on the right side 
of a way. It provides that a bicyclist operating at less than traffic speed and going in the 
direction of traffic is allowed to drive in a location other than the right side of the road 
when preparing for or making a left tum or when proceeding straight in a place where 
right turns are permitted. It also reinserts a provision of current law that was proposed to 
be repealed by the bill that allows a municipality by ordinance and with the approval of 
the Department of Public Safety and the Department of Transportation to locally regulate 
the operating location of a bicycle on a roadway; 
3. It provides that a violation of Title 29-A, section 2063 relating to operating a 
bicycle is a civil violation, not a traffic infraction, and is subject to a fine of not less than 
$25 and not more than $250. It provides that persons under 17 years of age are not 
subject to the fine; 
4. It removes the provision of the bill that proposes to provide a legal authorization 
to bicyclists to use a drive-up window; 
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COMMITTEE AMENDMENT "A" to S.P. 643, L.D. 1808 
5. It modifies the provision of the bill that proposes to require the operator of a motor 
vehicle to allow at least 3 feet of space when passing a bicyclist at 35 m.p.h. and greater 
distances at greater speeds. The amendment provides that the motorist must leave at least 
feet, regardless ofthe speed of the vehicle; 
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6. 
It adds an amendment to the law governing no-passing zones established at 
municipal request in residential areas. The amendment removes language from current 
law that requires such zones to be posted, that allows municipalities to request additional 
posting at municipal expense and that provides that a no-passing zone is not enforceable 
until the required posting has been completed; 
7. It provides that violation of the law requiring a cyclist under 16 years of age to 
wear a helmet on public ways is a civil violation, not a traffic infraction; 
8. It provides that a violation of the law prohibiting a person 17 years of age or older 
from riding a toy vehicle and hitching a ride on a moving vehicle is a civil violation for 
which a forfeiture of not less than $25 and not more than $250 may be adjudged; and 
9. It removes the provisions of the bill that. propose to make operating a bicycle 
under the influence subject to certain penalties under the criminal QUI laws. Instead, it 
provides that operating a bicycle on a public way while under the influence is a civil 
violation subject to a fine of not less t~an $25 and not more than $250. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/07 ,;:r!,vac.. 
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LD 1808 
LR 1912(02) 
An Act To Improve Road Safety and Update Bicycling Laws 
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 
Minor cost increase - Highway Fund 
Correctional and Judicial Impact Statements 
Establishes new violations related to bicycles. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR1912(02) - Fiscal Note - Page 1 of 1