An Act To Amend Certain Laws Affecting Transportation
Maine Legislature, Session 123, LD 0860
Sponsors: DAMON, MARLEY
Amends: 23 MRSA §52, 23 MRSA §705, 23 MRSA §753-A, 23 MRSA §4210-A, 29-A MRSA §2387, 29-A MRSA §2388, 29-A MRSA §2602, 36 MRSA §3321

Legislative Document 
No. 860 
S.P.270 
February 23, 2007 
An Act To Amend Certain Laws Affecting Transportation 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MARLEY of Portland. 
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Sec. 1. 23 MRSA §52, first ~, as repealed and replaced by PL 2005, c. 313, §2, is 
amended to read: 
The Department of Transportation, referred to in this chapter as "the department," 
may from time to time make and shall enforce rules and regulations relating to the 
planning, design, engineering, construction, improvement, maintenance and use of 
transportation infrastructure. The department may from time to time make and shall 
enforce rules relating to the manner of conducting all investigations and hearings and the 
administration of its office, powers and duties. 
The department shall direct the 
expenditure of all money for the planning, design, engineering, construction, 
improvement, demolition, maintenance and use of all transportation infrastructure for 
which state funds are provided by law. The department may conduct traffic survey 
interviews and other statistical studies on the state highway system as considered 
necessary for the use in planning and development of the statewide highway system. The 
department may obtain leases for such land and office space as the department considers 
necessary for the performance of its duties. 
As used in this section, "transportation 
infrastructure" means infrastructure related to all modes of transportation, including 
highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian 
facilities, as well as all buildings, utilities, facilities and other appurtenances related to 
such modes. 
Sec. 2. 23 MRSA §705, first ~, as amended by PL 1999, c. 473, Pt. C, §2, is 
further amended to read: 
The Department of Transportation is responsible for administering the placement of 
culverts within the right-of-way on improved state and state aid highways lying outside 
the compact area of an urban compact municipality as defined in section 754. When an 
abutter wants an entrance to be constructed on these highways, the abutter shall petition 
the department for a permit as provided under section 704. Should a permit be issued and 
a culvert is required, the abutter shall provide and install, at the abutter's expense, under 
the direction of the department, a culvert satisfactory to the department, which the 
department shall install and maintain. 
Sec. 3. 23 MRSA §753-A, sub-§3, as enacted by PL 2001, c. 140, § 1, is amended 
to read: 
3. Prequalification. The department may require that firms be prequalified to 
submit proposals. If the department requires prequalification, it shall give public notice 
requesting qualifications from interested firms in at least 2 newspapers distributed in the 
State electronically through the department's publicly accessible website or through 
advertisements in newspapers. If such a request is published exclusively in newspapers, 
the notice must appear in 2 or more public newspapers circulated wholly or in part in the 
State and in one public newspaper circulated wholly or in part in the county where the 
proposed work is to be done if any such newspaper is circulated in that county. The 
department shalI-issue a request-for-qualifications package to all firms requesting one in 
accordance with the notice. 
Interested firms shall supply, for themselves and all major participants, all information 
required by the department. The department may investigate and verify all information 
received. 
All financial information, trade secrets or other information customarily 
regarded as confidential business information submitted to the department is confidential. 
The department shall evaluate and rate all firms submitting a conforming statement of 
qualifications and select the most qualified firms to each receive a request for proposals. 
The department may select any number of firms, except that, if the department fails to 
prequalify at least 2 firms, the department shall readvertise the project. 
Sec. 4. 
MRSA §4210-A, sub-§l, as enacted by PL 2005, c. 282, §l, is 
amended to read: 
I 1 
1. Reimbursement. The department, in the course of delivering the federal surface 
transportation program, 23 United States Code, Section 133 (2005) may reimburse a 
National Register Historic District or the community in which the National Register 
Historic District is located for the portion of the cost to move or relocate overhead 
utilities underground to the extent that such payments by the department are eligible for 
reimbursement under the federal surface transportation program pursuant to 23 United 
States Code, Section ~ 
133(b)(8) (2005). To be eligible for this reimbursement, the 
project must be located in a National Register Historic District and on the National 
Highway System and may not increase the department's cost or liability in complying 
with the National Historic Preservation Act, 16 United States Code, Sections 470 to 
I 
470x-6 (2005) or with 49 United States Code, Section 303 (2005). For the purposes of 
this section, "National Register Historic District" means a district that is individually 
listed in the National Register of Historic Places pursuant to the National Historic 
Preservation Act, 16 United States Code, Sections 470 to 470x-6 (2005). 
The amount paid in any biennium under this section may not exceed federal surface 
transportation program funds available under 23 United States Code, Section ~ 
133(b)(8) (2005) to reimburse the State in that biennium. 
Sec. 5. 29-A MRSA §lOl, sub-§21-A is enacted to read: 
21-A. Drive-away saddlemount with fullmount vehicle transporter combination. 
"Drive-away saddlemount with full mount vehicle transporter comhination" means a 
I 
vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, 
each connected by a saddle to the frame or 5th wheel" of the vehiCle in front of it. The 
saddle is a mechanism that connects the front axle of the' towed vehicle to the frame or 
5th wheel of the vehicle in front of it. The fullmount consists of a smaller vehicle 
. 35 
mounted completely on the frame of either the first or the last vehicle in the drive-away 
saddlemount with fullmount vehicle transporter combination. 
Sec. 6. 29-A MRSA §lOl, sub-§64, as enacted by PL 1993, c. 683, Pi; A, §2 and 
affected by Pt. B, §5, is repealed. 
. 
Sec. 7. 29-A MRSA §2387, as enacted by PL 1993, c. 683, Pt. A, §2 and affected 
by Pt. B, §5, is repealed. 
Sec. 8. 29-A MRSA §2388, sub-§3, as amended by PL 1995, c. 65, Pt. A, §112 
and affected by § 153 and Pt. C, § 15, is further amended to read: 
3. Appeals. An appeal in writing may be taken to the Department of Transportation 
from an order or decision of a municipal official under sections 2380 to 2382.,..u&+ and 
2395. 
The Department of Transportation may hear and decide the matter in a summary manner, 
modifying, affirming or vacating the action and may issue any order necessary to carry 
out its decision. 
An appeal does not suspend the order or decision of the municipal official unless ordered 
by the Department of Transportation. 
An appeal may be tak6fi to the P1:lblic Utilities COfRHlission from an action by a failroad 
cOFpofation 1:lHdef sestion 2387 in fespect to a high'Nay bridge maintained by the 
eOFporation. The eommissioft, aftef notice aad heafing, may eonfiHll Of modify that 
astiefu 
Sec. 9. 29-A MRS A §2390, sub-§l,~, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
I. 
Saddlemo1:lnt Drive-away saddlemount with fullmount vehicle transporter 
combinations with 
1:lfl to 3 saddlemo1:lnted '1ehieles and one fullmo1:lRt, with an 
overall length not exceeding ~ 97 feet, may be operated on the Interstate Highway 
System and those qualifying federal aid primary system highways designated by the 
Secretary of the United States Department of Transportation, pursuant to the United 
States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 
411. 
Sec. 10. 29-A MRSA §2602, sub-§4, ,s, as amended by PL 2003, c. 498, §6 
and affected by § 12, is further amended to read: 
B. 
Of the fines and forfeitures collected for traffic infractions under sections 511, 
2354,2356,2360, 238O;-2m and 2388, 7% accrues to the General Fund, 6% accrues 
to the Law Enforcement Agency Reimbursement Fund and the balance accrues to the 
General Highway Fund; and 
Sec. 11. 29-A MRSA §2602, sub-§4, ~C, as amended by PL 2003, c. 498, §6 
and affected by § 12, is further amended to read: 
C. 
Of the fines and forfeitures collected for violations other than traffic infractions 
under sections 511, 2354, 2356, 2360, 2380, 2387 and 2388, only $5 or 13%, 
whichever is greater, accrues to the General Fund and the balance accrues to the 
Highway Fund. 
Sec. 12. 36 MRSA §3321, sub-§4, as enacted by PL 2001, c. 688, §8, is repealed 
and the following enacted in its place: 
4. Legislative review. Starting in 2008 and each even-numbered year thereafter. the 
Department of Transportation shall submit an emergency bill by the cloture date 
established for departments and agencies for the first regular session of the Legislature 
that suspends the adjustment in fuel tax rates in the upcoming biennium resulting from 
the operation of this section. 
Sec. 13. P&SL 1937, c. 18, as amended by P&SL 1985, c. 38, is repealed. 
SUMMARY 
This bill makes the following changes to the laws governing transportation. 
1. 
It expands the powers of the Department of Transportation to conduct traffic 
survey interviews and other statistical studies on the state highway system as considered 
necessary for the use in planning and development of the statewide highway system. 
2. It requires the abutter of a property to install a culvert, at the direction of the 
department, when constructing an entrance from a state-owned highway. 
3. It revises language relating to design-build projects to provide consistent language 
regarding electronic advertising. 
4. It revises the definition and overall length limit of vehicle transporters traveling on 
the Interstate Highway System and certain primary roads in accordance with changes in 
federal law. 
5. 
It also clarifies the intent of the Legislature in requiring the Department of 
Transportation to submit a bill every 2 years to the Legislature that suspends the indexing 
of the motor fuel tax for the succeeding biennium. 
6. It provides more specific cross-references to federal laws governing the surface 
transportation program as they relate to reimbursement for the cost of relocating or 
burying overhead utilities in historic districts. 
7. It repeals certain laws that provide authority for limiting the weight, number or 
speed of vehicles permitted on a bridge and fixes cross-references. 
8. It repeals the laws that establish the Maine-New Hampshire Interstate Bridge 
Authority.