An Act To Provide Limited Immunity for Road Association Directors, Commissioners and Volunteers (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1307
Committee: Jlldiciary
Sponsors: DUCHESNE, GOODALL, EBERLE, KNAPP, NASS

FIRST RFJGUT JAR SRSSION-2009 
Legislative Document 
No~ 1307 
H.P.910 
House of Representatives, March 31, 2009 
An Act To Provide Limited Immunity for Road Association 
Directors, Commissioners and Volunteers 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Jlldiciary suggested and ordered printed. 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Senator GOODALL of Sagadahoc and 
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MILLICENTM. MacFARLAND 
Clerk 
Representatives: EBERLE of South Portland, KNAPP of Gorham, Senator: NASS of York. 
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Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 14 MRS A §172 is enacted to read: 
&172. Immunity for road association directors, commissioners and volunteers .. 
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1. Definitions. As used in this section, unless the context otherwise indicates, the 
. following tenns have the following meanings. 
A. 
"Commissioner" means a person who serves without compensation as the 
commissioner of a road association, except that the person may be paid for expenses. 
B. "Director" means a person who serves without· compensation on the board of 
directors of a road association; except that the person may be paid for expenses. 
C. "Road association" means any organization formed for the purpose of repairing or 
maintaining a private road, way or bridge under Title 13-B, section 403 or Title 23, 
chapter 305, subchapter 2. 
D. "Volunteer" means a person who provides services without compensation to a 
road association, except that the person may be paid for expenses .. 
2. Immunity. A director, commissioner or volunteer is immune from civil liability 
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for personal injury, death or property damage, including any monetary loss: 
A. When the cause of action sounds in negligence and arises from an act or omission 
by the director; commissioner or volunteer that occurs within the course and scope of 
the activities of the road association in which the director, commissioner or volunteer 
serves; or 
B. Arising from any act or omission that occurs within the course and scope of the 
activities· of the road association in which the director, commissioner or volunteer 
serves and is not personal to the director, commissioner or volunteer. 
3. 
Exception for environmental violations. 
Notwithstanding subsection 2, a 
director, commissioner or volunteer is not immune from an enforcement action for a 
violation of law under the jurisdiction ofthe Department of Environmental Protection. 
4. Limited waiver of immunity while operating vehicles. Notwithstanding any 
immunity granted in subsection 2, a director, commissioner or volunteer is considered to 
have waived immunity from liability when the cause of action arises out of the director's', 
commissioner's or volunteer's operation of a motor vehicle or other vehicle for which the 
operator or the owner of the vehicle· is required to possess an operator's license or 
maintain insurance. The amount of damages in an action authorized by this subsection 
may not exceed the combined limits of coverage of any applicable insurance policies 
other than umbrella insurance coverage and the court shall.abate a verdict in an action to 
the extent that it exceeds such limits. A provision in a policy of insurance that attempts to 
exclude coverage for.a claim that is authorized by this subsection is void. 
Page I - 124LR1914(Ol)-1 
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SUMMARY 
This bill establishes immunity from civil liability for a director, commissioner or 
volunteer of a road association similar to the immunity afforded to charitable directors, 
officers and volunteers.