An Act To Amend Certain Laws Affecting Transportation
Maine Legislature, Session 124, LD 0126
Committee: Transportation
Sponsors: HOGAN
Amends: 23 MRSA §705, 29-A MRSA §101, 29-A MRSA §2360

MAINE STATE LEGISLATURE 
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E LEGISLATURE 
FIRST P,.EGULAR SESSION-2009 
Legislative Document 
No. 126 
H.P. 110 
House of Representatives, January 15, 2009 
An Act To Amend Certain Laws Affecting Transportation 
Submitted by the Department of Transportation pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative HOGAN of Old Orchard Beach. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §705, as amended by PL 2007, c. 306, §2, is further amended to 
read: 
§705. Culverts 
The Department of Transportation is responsible for administering shall oversee the 
placement installation or replacement 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 defmed in section 754. 
When an An abutter wants an desiring to 
establish a new driveway, entrance to be constructed or approach on these highways,--tlw 
abutter shall petition the department for a permit as provided Under section 704 must first 
comply with section 704 and any rules adopted under section 704. Should a pennit be 
issued and If the department determines that a culvert is required, the abutter shall, at the 
abutter's expense, provide a culvert meeting department standards and install, at the 
abutter's expense, under the direction of the department, a culvert the culvert in a manner 
satisfactory to the department, which the department shall maintain. The department 
shall retain continuing jurisdiction over the culvert adequacy and the safety of every 
existing driveway, entrance or approach to a state or state aid highway lying outside the 
compact area of an· urban compact municipality, whether· or not the access was 
constructed or installed pursuant to a permit under this section. 
The abutter has 
continuing responsibility for the condition and stability of the access, including 
replacement of any culverts or other structures pertaining to the access. 
When the department determines a culvert replacement is required for an existing 
driveway, entrance or approach located within the highway limits as part of a capital 
highway or ditching project or emergency response effort, the department is responsible 
for the cost of the replacement. 
For locations on town ways and on state and state aid highways within the compact 
area of an urban compact municipality pursuant to section 754, .the municipality must be 
petitioned by the abutter pursuant to section 704. Should a permit be issued, the abutter 
shall provide, at the abutter's expense, a culvert satisfactory to the municipality, which the 
municipality shall install and maintain. 
Sec. 2. 23 MRS A §802, as amended by PL1999, c. 473, Pt. C, §4, is further 
amended to read: 
. 
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§802. Maintenance by State 
State aid highways must be continually maintained under the direction and control of 
the department at the expense of the State except as provided in section sections 705, 754 
and 1003. 
Sec. 3. 29-A MRS A §lOl, sub-§7-A is enacted to read: 
7-A. Auxiliary power unit. "Auxiliary power unit" means an integrated system 
that: 
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A. Provides heat, air conditioning, engine warming or electricity components on a 
heavY duty vehicle; and 
B. Is certified by the Administrator of the United States Environmental Protection 
Agency under 40 Code of Federal Regulations, Part 89 or any successor regulation as 
meeting emissions standards. 
Sec. 4. 29-A MRS A §101, sub-§15-A is enacted to read: 
15-A. 
Combination vehicle. 
"Combination vehicle" means a motor vehicle 
consisting of a truck tractor in combination with one or more trailers or semitrailers. 
Sec. 5. 29-A MRSA §101, sub-§27-A is enacted to read: 
27-A. Heavy duty vehicle. "Heavy duty vehicle" means a vehicle powered by a 
diesel engine that has a gross vehicle weight rating greater than 8,500 pounds. 
Sec. 6. 29-A MRS A §lOl, sub-§29-A, as enacted by PL 2003, c. 166, §5, is 
amended to read: 
29-A. 
Interstate highway, interstate system or interstate. highway system. 
"Interstate highway," "interstate system" or "interstate highway system" has the same 
meaning as defined in Title 23, section 1903, subsection 3, except that, with respect to 
chapter 21, subchapter 1, it does not include that portion of the Maine Turnpike 
designated Interstate 95 and 495 
and that portion of Interstate 95 from the southern 
terminus of the Maine Turnpike to the New Hampshire state line. 
. 
Sec. 7. 29-A MRSA §2360, sub-§18 is enacted to read: 
18. Exception to fine schedule for vehicle auxiliary power units. For a heavy 
duty vehicle equipped with an auxiliary power unit, the gross vehicle weight or axle 
weight used to determine the fme for a violation under this section is the actual gross 
vehicle weight or axle weight reduced by 400 pounds. 
SUMMARY 
The bill: 
1. Clarifies language pertaining to the responsibility of private culvert replacement 
and repair on a state right-of-way; 
2. Extends to all Maine roads a weight tolerance for vehicle auxiliary power units 
that was previously authorized for interstate highways under the federal Energy Policy 
Act of2005; 
3. Defmes "auxiliary power unit," "combination vehicle" and "heavy duty vehicle"; 
and 
4. Clarifies that the exemption of the Maine Turnpike and Interstate 95 in Kittery 
from the defiiIition of "interstate highway," "interstate system" and "interstate highway 
system" applies only to weight limits. 
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