An Act To Provide for the Safety of Maine Athletes
Maine Legislature, Session 124, LD 1640
Committee: Transportation
Sponsors: DAMON, BERRY, KNIGHT, LAJOIE, MARTIN, MAZUREK, MITCHELL, PINGREE, ROTUNDO, THIBODEAU, THOMAS, NUTTING
Amends: 29-A MRSA §101, 29-A MRSA §2060, 29-A MRSA §2062, 29-A MRSA §2070, 29-A MRSA §2323, 29-A MRSA §2328

MAINE STATE LEGISLATURE 
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'124th MAINE LEGISLATURE 
Legislative Document· 
No. 1640 
H.P. 1168 
House of Representatives, December 23,2009 
An Act To Provide for the Safety of Maine Athletes 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21,2009. Referred to the Committee on 
Transportation pursuant to JOi11t Rule 308.2 and ordered printed pursu'ant to Joint Rule 401. 
Presented by Representative CAREYofLewiston. 
Cosponsored by Senator DAMON of Hancock and 
'7J1~d: 1/1. mdC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, FLEMINGS Of Bar Harbor, KNIGHT of LiV,errnore 
Falls, LAJOIE of Lewiston, MARTIN of Eagle Lake, MAZUREK of Rockland, MITCHELL 
of the Penobscot Nation, Speaker PINGREE of North Haven, ROTUNDO of Lewiston, 
STUCKEY ofPOiiland, THIBODEAU of Winterport, THOMAS of Ripley, Senator: 
NUTTING of Androscoggin. 
PrilllL"u llll n:L"ydL"u papL"1' 
Be it enacted by the People of the State of Maine as follows: 
Sec.r. 29-A MRSA §101, sub-§6.3-A is enacted to read: 
.63-A. Roller ski. "Roller ski" means an object affixed to a foot, separately from the 
other foot, primarily propelled by human power and driven· by the operator on the ground 
via wheels. 
Sec. 2. 29-A MRSA §2060, sub-§l-A, as enacted by PL 2001, c. 148, §2, is 
. amended to read: 
i-A. Right .turns near bicyclists or roller skiers. A person operating a vehicle that 
passes a person operating a bicycle or roller skis and proceeding in the same direction 
may.not make a right turn at any intersection or into any road or way unless the turn can 
be made with reasonable safety. 
Sec. 3. 29-A MRSA §2062, ub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to ead: 
5. Passing. A motorcyCle operator may not overtake or pass in the lane occupied by 
the vehicle being overtaken, except for passing a bicycle or a roller skier. This subsection. 
does not apply to a law enforcement officer performing an officer's duties. 
Sec. 4. 29-A MRS A §2063, as amended by PL 2009, c. 212, § 1, is further 
amended to read: 
§2063. Bicycles, roller sJils, toy vehicles and scooters 
1. Definitions. 
For the purpose of this section, "bicycle" includes a motorized 
bicycle, a motorized tricycle or a motorized scooter. ' 
2. Riding to the right. A person operating a bicycle or roller skis upon a roadway at 
a speed less than the normal speed oftl"affic moving in the same direction at that time and 
. place shall drive on the right portion of the way as far as practicable except when it is 
unsafe to do so or: 
A. 
When overtaking and passing another roller skier, bicycle or other vehicle 
proceeding in thc same direction; 
B. When preparing for or making a left turn at an intersection or into a private road 
or driveway; 
_C. When proceeding straight in a place where right turns are permitted; and 
D.When necessary to avoid hazardous conditions, including, but not limited to, 
. fixed or moving objects, vehicles, bicycles, roller skiers, pedestrians, animals, broken 
pavement, glass, sand, puddles, ice, surface hazards or opening doors from parallel-
parked vehicles, or a lane of substandard width that makes it unsafe to continue along 
the right portion of the way. For purposes of this paragraph, "lane of substandard 
width" rrieans a iane that is to~ narrow for a bicycle or
l roller skier and a vehicle to 
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travel safely side by side in the lane. 
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This subsectian daes nat apply in a municipality that, by .ordinance approved by the 
Department .of Public Safety and the Department .of Transpartatian, makes ather 
provisians regarding the .operating lacatian .of a bicycle .or roller skier an a roadway. 
2-A. Bicycle or roller skier traveling on shoulder. Natwithstanding subsectian 2, -
a persan .operating a bicycle .or roller skis may travel an paved shaulders. , 
3. Seating. A persan .operating a bicycle may nat ride ather than upan .or astride a 
_ regular and permanently attached seat. 
3-A. Number of persons. A bicycle may nat be used ta carry more persans than the 
number far which it is designed and equipped. 
4. Hitching rides. A persan riding an railer skis, a bicycle .or f! scaater may nat 
attach it ta a maving vehicle an a way. 
5. Rights and duties. A persan riding a bicycle .or scaater .or .operating roller skis an 
a way has the rights and is subject ta the duties applicable ta the .operator .of a vehicle, 
except as ta: 
A. Special regulatians; and 
B. Provisians in this Title that by their nature can have na applicatian. 
6. Speed. A matarized bicycle .or matarized scaater may nat be .operated in excess 
.of 20 miles per hour. 
7. Penalties. A persan 17 years .of age .or aver wha vialates this sectian cammits a 
civil vialatian far which a fine .of nat less than $25 and nat mare than $250 may be 
adjudged. A persan under 17 years .of age is nat subject ta a fine under this sectian, 
8. Impoundment. The chief .of pal ice .of a municipality, .or -if there is na chief .of 
pal ice, the chair .of the lacal legislative bady, when satisfied that a juvenile under the age 
.of 17 years has ridden a bicycle .or scaater .or has .operated roller skis in vialatian .of this 
sectian, may impaund the biCycle 6f~ scaater .or roller skis far a peri ad nat ta exceed 5 
days far the first .offense, 10 days far a 2nd .offense and 30 days far a subsequent .offense. 
9. Passing a school bus. A persan .operating a bicycle .or roller skis an a way, in a 
parking area a'r an schaal property, an. meeting .or .overtaking a schaal blis from either 
directian when the bus has stopped with its red lights flashing to receive .oj-discharge 
passengers, shall stap the bicycle .or roller skis befare reaching the schaal bus. The 
persan may nat proceed until the schaal bus resumes matian .or until signaled by the 
schaal bus aperatar ta proceed. 
The aperatar .of a bicycle .or roller skis on a way separated by curbing .or ather physical 
barrier need nat stap an meeting .or passing a schaal bus traveling in a lane separated by 
the barrier from the lane in which that persan is traveling. 
Sec. 5. 29-A MRSA §2070, sub-§l-A, as enacted by PL 2007, c. 400, §8, is 
amended ta read: 
'I-A. Passing bicycle or roller skier. An operator ofa motor vehicle that is passing 
a bicycle or roller skier proceeding in the same direction shall exercise due care by 
leaving a distance between the motor vehicle and the bicycle or roller skier of not less 
than 3 feet while the motor vehicle is passing the bicycle or roller skier. A motor vehicle 
operator may pass a bicycle or roller skier traveling in the same direction in a no-passing 
zone only when it is safe to do so. , 
Sec. 6. 29-A MRS A §2070, sub-§6, as amended by PL 2007, c. 400, §9, is 
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further amended to read: 
6. Passing on the right. An operator may pass a vehicle on the right only under the 
following conditions: 
A 
When the vehicle to be passed is making or about to make a left tum; 
12B. On a way with unobstructed pavement not occupied by parked vehicles and of 
sufficient width for 2 or more lines of traffic-in each direction; or 
C. 
On a way on which traffic is restricted to one direction, when the roadway is free 
from obstructions and of sufficient width for 2 or more lines of traffic. 
An operator may pass on the right only under conditions permitting that movement in 
safety. An operator may not overtake by driving off the pavement or main traveled 
portion of the way. . 
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. A person operating a. bicycle or roller skis may pass a vehicle on the right at the 
bicyclist's or roller skier's own risk. 
Sec~ 7. 
29~A MRSA §2071, sub-§5, as amended by PL 2001, c. 148, §4, IS 
further amended to read: 
5. Hand signals. Signals by hand and arm must be given by the left arm from the 
left side of a vehicle in the following manner: 
A. To indicate a left tum, the hand and arm must be extended horizontally; 
B. To indicate a right tum, the hand and ann mustbe extended upward, except that a 
person who is operating a bicycle or roller skis is not in violation of this subsection if 
the person signals a right tum by extending the person's right hand and arm 
horizontally; and 
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C; To indicate a stop or a decrease in speed, the hand and arm must be extended 
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downward. 
A person operati~g a bicycle may return the hand used to signal a tum to the handlebars 
during the tum to maintain proper control of the bicycle. A roller skier may return the 
hand used to signal a turn to a position required to maintain proper control of the roller 
skis during the turn. 
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. Sec. 8. 29-A MR.SA §2322, sub-§8, as enacted by PL 1999, c. 331, § 1, IS 
amended to read: 
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8. Operator. "Operator" means a person who travels on and controls a bicycle or 
roller skis. 
Sec. 9. 29-A MRSA §2323, as enacted by PL 1999, c. 331, § 1, is amended to 
read: 
§2323. Bicyclist and roller skier helmet use; passenger seat use 
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1. Use of helmet. A person under 16 years of age who is an operator or a passenger 
on a bicycle or an operator of roller skis on a public roadway or a public bikeway shall 
wear a helmet of good fit, positioned properly and fastened securely upon the head by 
helmet straps. 
2. 
Passenger seat. 
A bicycle passenger must be seated properly in a bicycle 
passenger seat. 
Sec. 10. 29-A MRSA §2328, as enacted by PL 1999, c. 331, § 1, is amended to 
read: 
§2328. Evidence 
In an accident involving a bicycle or a roller skier, the nonuse· of a helmet by the 
operator or passenger is not admissible as evidence in a civil or criminal trial. 
SUMMARY 
This bill applies rules of the road for bicycli~ts to roller skiers.