An Act To Enhance Public Safety, Facilitate the Coordination of Traffic Control Signal Systems and Promote More Equitable Use of Public Highway Rights-of-way
Maine Legislature, Session 123, LD 1818
Committee: Transportation
Sponsors: DAMON, MARLEY, MITCHELL, SAVAGE, BROWNE, CEBRA, CROCKETT, NASS, PEOPLES, SILSBY
Amends: 23 MRSA §54, 35-A MRSA §2503

Legislative Document 
No. 1818 
S.P.647 
April 3, 2007 
An Act To Enhance Public Safety, Facilitate the Coordination of 
Traffic Control Signal Systems and Promote More Equitable Use of 
Public Highway Rights-of-way 
(EMERGENCY) 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative MARLEY of Portland and Senators: MITCHELL of 
Kennebec, SAVAGE of Knox, Representatives: BROWNE of Vassalboro, CEBRA of Naples, 
CROCKETT of Augusta, NASS of Acton, PEOPLES of Westbrook, SILSBY of Augusta. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation is designed to enhance public safety and facilitate the 
coordination of traffic control signal systems; and 
Whereas, it is critically important that this legislation take effect immediately; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §54, as amended by PL 1997, c. 393, Pt. A, §24, is further 
amended to read: 
§54. Highway openings 
Wherever highways maintained by the State are affected, whether the highways are 
situated in cities, towns or plantations, the department has all and the same rights, powers 
and duties in connection therewith as are granted to cities in city streets by sections 3351 
to 3359, and to cities and towns by Title 35-A, sections ~ 
2507 and 2J..W 2508. 
Whenever the opening fee provided by section 3354 or by Title 35-A, section 2510, has 
been paid to the department and a permit for digging up and opening a highway 
maintained by the State has been issued by the department, the holder of the permit is 
entitled to make the opening described therein in the permit without the payment of fees 
to the city or town or village corporation in which the street, road or highway to be 
opened is situated. 
Sec. 2. 23 MRSA § 1351, as amended by PL 1985, c. 506, Pt. B, § 19, is further 
amended to read: 
§1351. Installation of signals, devices and signs 
The department may make rules and shall enforce rules and regulations relating to 
traffic control and the installation and maintenance of traffic control signals, devices, 
signs and markings on all state, state aid and federal aid highways. The department may 
be consulted by and shall without charge advise municipal officers and road 
commissioners on the subject of traffic control. 
The aefJartment shall ha\'e authority to install ana maintain traffie eontrol signals, 
warning, regulatory, aireetional ana informational signs ana markings, on all state ana 
state aia highvlays ana highways eonstruetea unaer its aireetion ·.vith feaeral funas, \yhen, 
in its ofJinion, sueh signs, signals ana marldngs are neeessary for fJublie safety ana 
eOffi'enienee. 
Page I - 123LRI042(Ol)-1 
The department may install and maintain traffic control signal systems and warning, 
regulatory, directional and informational signs and markings on all state and state aid 
highways, highways constructed under its direction with federal funds and town ways, 
when, in its opinion, such signs, signal systems and markings are necessary for public 
safety and convenience. Owners of utility facilities located within or along a public right-
of-way must accommodate such traffic control signal systems and their appurtenances in, 
on or upon their facilities without charge to the public if those systems and appurtenances 
are used solely for the communication of information and data necessary for the proper 
operation of traffic signals and related de'v1ces. 
lOOn all designated state and state aid highways, the location, form and character of 
informational, directional, regulatory and warning signs and traffic control signals and 
devices, erected by towns, shall be are subject to approval of the department. 
On any highway or street constructed with federal aid in any town, the location, form 
and character of informational, directional, regulatory and warning signs, curb and 
pavement or other markings, and traffic signals, installed or placed by any public 
authority or other agency, shall be are subject to the approval of the department with the 
concurrence of the Federal Highway Administration. 
Any rule or regHlation relating to traffic control or the installation or maintenance of 
traffic control signals, devices or signs adopted pursuant to this section shall be ~ exempt 
from the rule-making provisions of the Maine Administrative Procedure Act, Title 5, 
chaflter3 75 . 
The department is authorized and directed to establish a system of numbering all 
classes of highways whieh when, in its opinion, i! is necessary for public convenience, 
and to publish maps from time to time showing the highways so numbered. 
On all designated state and state aid highways, the department may prohibit other 
than one-way traffic when~ in its opinion~ such prohibition is necessary for public safety. 
Nothing contained in this This section shall may not be construed to apply to the 
installation or maintenance of signals, devices, signs, lights or warnings at approaches to 
railroad crossings. 
The issuance of any order or rule and regHlation may be proved by submitting a copy 
thereof signed by the commissioner and duly notarized. 
Whoever violates any order or rule ana regHlation of the department issued under 
authority of this section shall be flllnished by is subject to a fine of not more than $100 or 
by imprisonment for not more than 90 days, or by both. 
Upon the expiration of 30 days after notice by certified mail, any owner of utility 
facilities who refuses to accommodate the location of public traffic control signal systems 
in or upon its facilities without charge pursuant to this section is subject to a fine of not 
more than $500 per day for each traffic signal in the system for which location in or upon 
such facilities is sought, to be assessed in an action that may be brought for that purpose 
in the Superior Court for Kennebec County. 
Sec. 3. 35-A MRSA §2503, sub-§5, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
5. Permits. The location pennit shall must specify the approximate location of the 
facility and the minimum depth of any pipes or conduits below, or the minimum height of 
any wires or cables above, the earth's surface. The licensing authority may specify in the 
pennit other requirements determined necessary in the best interests of the public safety 
and use of the right-of-way so as not to obstruct use for public travel, including 
requirements for the accommodation of public safety and traffic control facilities in, on or 
upon facilities permitted under this chapter. 
Sec. 4. 35-A MRS A §2503, sub-§16, as amended by PL 1993, c. 540, §1, is 
further amended to read: 
16. Rules. 
The Department of Transportation may adopt reasonable rules to 
administer this section. These rules may include guidelines for the accommodation of 
public safety and traffic control facilities in, on or upon existing and proposed utility 
facilities pennitted or deemed legal structures under this chapter and procedures fuf 
regarding application for and i5sueissuance of permits and the conduct of hearings. 
The department may adopt rules authorizing public utilities to install facilities on or over 
the surface of public ways for which the department is the licensing authority. The rules 
must set forth the following: 
A. 
General terms and conditions regarding the location of the facilities; and 
B. 
Reasonable requirements determined necessary to protect public safety and to 
pennit unobstructed public travel along the affected public way. 
Utilities installing facilities in accordance with these rules are not required to receive a 
separate written location permit as required by section 2501, subsection 2. Facilities 
installed in accordance with the rules are legal structures and are deemed installed 
pursuant to a written location permit. 
Emergency clause. 
In view of the emergency cited ill the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill corrects some outdated statutory references, clarifies that owners of utility 
facilities located in, on or upon a public right-of-way must accommodate the attachment 
of traffic control signal systems and their appurtenances without charge to the public, as 
long as the systems and their appurtenances are used solely for the communication of 
information and data necessary for the proper operation of the traffic control signal 
systems, and clarifies that the Department of Transportation may incorporate in its rules 
guidelines for the accommodation of such traffic control signal systems in, on or upon 
utility facilities.