An Act To Clarify and Strengthen the State's Motor Vehicle Laws
Maine Legislature, Session 124, LD 1445
Committee: Transportation
Sponsors: DAMON, MAZUREK, PERRY, BROWNE
Amends: 29-A MRSA §555, 29-A MRSA §558, 29-A MRSA §1761, 29-A MRSA §1763, 29-A MRSA §1916, 29-A MRSA §1917, 29-A MRSA §2054, 29-A MRSA §2078, 29-A MRSA §2307, 29-A MRSA §2358

Legislative Document 
S.P.530 
In Senate, 
An Act To Clarify and Strengthen the State's Motor Vehicle Laws 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Transportation suggested and ordered printed. 
No. 1445 
7,2009 
9tf)(J~ 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative MAZUREK of Rocldand and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: PERRY of Penobscot, Representative: BROWNE of Vassalboro. 
Printed on recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 29-A MRSA §555, sub-§2, G[A-2 is enacted to read: 
A-2. The bureau may not adopt any rule that exempts motor carriers, vehicles or 
drivers transporting hazardous materials of a type or quantity that requires the vehicle 
to be marked or placarded in accordance with 49 Code of Federal Regulations, Part 
from any federal regulation adopted and incorporated by reference into any rule 
adopted by the bureau pursuant to this subsection. Notwithstanding paragraph A-I, 
the Maine Administrative Procedure Act does not apply to the amendment of any rule 
consistent with the prohibition set forth in this paragraph. 
Sec. 2. 29-A MRSA §558, suh-§l-B, ~A, as amended by PL 2007, c. 703, §15, 
is further amended to read: 
A. Except as provided in paragraphs C aDd .. D and E, a person who violates this 
subchapter or a rule adopted pursuant to this subchapter commits a Class E crime, 
which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 3. 29-A MRSA §558, sub-§l-B, CfiB, as amended by PL 2007, c. 703, §15, 
is further amended to read: 
B. Except as provided in paragraphs C aDd .. D and E, a person who knowingly 
permits a violation of this subchapter or a rule adopted pursuant to this subchapter 
commits a Class E crime. 
Sec. 4. 29-A MRSA §558, sub-§l-B, ~ 
is enacted to read: 
E. 
A person who violates thiS subchapter or a rule adopted pursuant to this 
subchapter commits a civil violation if the violation is discovered during a 
compliance review as that term is defined in 49 Code of Federal Regulations, Part 
385.3, unless the compliance review occurs during the course or as a result of a 
criminal investigation. A violation under this paragraph is subject to a civil fine, 
which must be determined with due consideration of the Federal Motor Carrier Safety 
Administration's uniform fine assessment program. 
Sec. 5. 29-A MRSA §1761, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is repealed. 
Sec. 6. 29-A MRSA §1763, first <Iff, as amended by PL 2007, c. 348, § 13, is 
further amended to read: 
Notwithstanding Title 5, section 10003, a State Police officer or employee of the 
State Police designated as a motor vehicle inspector may immediately suspend or revoke 
the license issued to any official inspection station or the inspection mechanic certificate 
issued to any inspecting mechanic for a violation of this chapter or the rules adopted 
pursuant to section 1769. The peAalty for a first ofi'eAse is a lieeAse suspeAsioA for a 
period of up to 6 moHths. The penalty for a 2Ad or subsequeHt an offense is a license 
suspension for a period of up to one year or license revocation. 
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Sec. 7. 29-A MRSA §1916, sub-§2,~, as amended by PL 1997, c. 129, §1, is 
further amended to read: 
B. The provisions of subsection 1, paragraphs C and D do not apply to side windows 
behind the operator's seat or the rear window of the following motor vehicles a motor 
vehicle, provided that as long as the vehicle is equipped with 2 outside rear view 
mirrors, one on each side, adjusted so that the operator has a clear view of the 
highway behind the vehicle+.!. 
(1) A bus that transports passengers for hire; 
(2) A motor vehicle used to transport human remains by a funeral establishment, 
as described in Title 32, section 1501, or by a medical examiner appointed 
nUisuant to Title 22. section 3022 or 3023: 
(3) A limousine that regularly transports passengers for hire and has a carrying 
capacity of more than 6 passengers and '",hose ovmer is required to obtain an 
operating permit pursuant to section 552; and 
(4) A multi purpose vehicle. 
Sec. 8. 29-A MRSA §1916, sub-§2-A, as enacted by PL 1997, c. 129, §2, is 
repealed. 
Sec. 9. 29-A MRSA §1917, sub-§2, as amended by PL 2005, c. 66, §1, is further 
amended to read: 
2. Safe tires required. A motor vehicle may not be operated on a public way unless 
it is equipped with tires in safe operating condition. A tire mounted on a motor vehicle is 
not considered to be in safe operating condition unless it meets the visual and tread depth 
requirements set forth in subsections 3 and 4 and the vmeel size requirements in 
subsection 6, the overall diameter of the wheel with the tire is not 2 inches larger or 
smaller than the range of sizes recommended by the manufacturer for the model vehicle 
and the vehicle is in compiiance with the frame height requirements provided in section 
1920. 
Sec. 10. 29-A MRSA §1917, sub-§6, as enacted by PL 2003, c. 146, § 1, is 
repealed. 
Sec. 11. 29-A MRSA §2054, sub-§2, -,rC, as amended by PL 2007, c. 11, § 1, is 
further amended to read: 
C. The use of amber lights on vehicles is governed by the following. 
(1) 
A vehicle engaged in highway maintenance or in emergency rescue 
operations by civil defense and public safety agencies and a public utility 
emergency service vehicle may be equipped with auxiliary lights that emit an 
amber light. 
(2) A wrecker must be equipped with a flashing light mounted on top of the 
vehicle in such a manner as to emit an amber light over a 360' angle. The light 
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must be in use on a public way or a place where public traffic may reasonably be 
anticipated when servicing, freeing, loading, unloading or towing a vehicle. 
(3) A vehicle engaged in snow removal or sanding operations on a public way 
must be equipped with and display an auxiliary light that provides visible light 
coverage over a 360' range. The light must emit an amber beam of light and be 
equipped with a blinking or strobe light function and have sufficient intensity to 
be visible at 500 feet in normal daylight. 
When the left wing of a plow is in 
operation and extends over the center of the road, an auxiliary light must show 
the extreme end of the left wing. That light may be attached to the vehicle so that 
the beam of light points at the left wing. The light illuminating the left wing may 
be controlled by a separate switch or by the regular lighting system and must be 
in operation at all times when the vehicle is used for plowing snow on public 
ways. 
(4) A vehicle equipped and used for plowing snow on other than public ways 
may be equipped with an auxiliary rotary flashing light that must be mounted on 
top of the vehicle in such a manner as to emit an amber beam of light over a 360' 
angle, or an amber strobe, or combination of strobes, that emits at a minimum a 
beam of 50 candlepower and provides visible light coverage over a 360' range. 
The light may be in use on a public way only when the vehicle is entering the 
public way in the course of plowing private driveways and other off-highway 
locations. 
(5) A rural mail vehicle may be equipped with auxiliary lights. 
(a) The lights used to the front must be white or amber, or any shade 
between white and amber. 
(b) The lights used to the rear must be amber or red, or any shade between 
amber and red. 
(c) The lights, whether used to the front or rear, must be mounted at the 
same level and as widely spaced laterally as possible. 
(d) The lights, whether used to the front or rear, must flash simultaneously. 
(e) The lights must be visible from a distance of at least 500 feet in normal 
daylight. 
(6) A vehicle used or provided by a contract security company to assist in traffic 
. control and direction at construction or maintenance sites on a public way may be 
equipped with amber auxiliary lights. 
(7) A Department of Public Safety vehicle operated by a motor carrier inspector 
or motor vehicle inspector may be equipped with auxiliary lights that emit an 
amber light. 
(8) A vehicle used by an animal control officer appointed pursuant to Title 7, 
section 3947 may be equipped with auxiliary lights that emit a flashing amber 
light. 
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(9) A refuse, garbage or trash business vehicle used by an individual to transport 
refuse, garbage and trash may be equipped with auxiliary lights that emit a 
flashing amber light. 
(10) A vehicle used by an individual to transport and deliver newspapers may be 
equipped with auxiliary lights that emit a flashing amber light. 
Sec. 12. 29-A MRSA §2078, last ~, as amended by PL 1999, c. 183, §11, is 
further amended to read: 
An operator or pedestrian commits a Class E crime if that operator or pedestrian 
refuses to follow the directions for the movement of vehicles or pedestrians on request or 
signal of a law enforcement officer or if the operator or pedestrian knowingly refuses to 
follow the direction of a sign clearly posted by a law enforcement officer io iemporarily 
close a way to vehicular traffic or to vehicles of a certain description or to divert 
pedestrian or vehicular traffic during a fire, accident, emergency or special event. 
Sec. 13. 29-A MRSA §2307, sub-§I, as amended by PL 2003, c. 633, §7, is 
further amended to read: 
1. 
Biannual inspection. 
Notwithstanding chapter 15, a school bus must be 
inspecte.d biannually by an official inspection station designated by the Chief of the State 
Police as a school bus inspection station,biannually during each of the 2 months 
designated by the State Police in consultation ',vith the Department of Education. An 
inspection sticker issued pursuant to this section is valid for no longer than 6 months from 
the last day of the month the sticker is issued. 
Sec. 14. 29-A MRSA §2307, sub-§2, as amended by PL 2003, c. 633, §7, is 
further amended to read: 
2. Additional inspection. In addition to inspections under subsection 1, a school 
bus inspection must be conducted by the State Police at least annually vlithin 3 months 
following one of the inspections required by subsection 1. During such an inspection, an 
officer or employee of the State Police may remove an inspection sticker issued to a 
school bus and require the bus to be reinspected for a violation of applicable law or the 
rules adopted pursuant to section 1769. 
Sec. 15. 29-A MRSA §2307, sub-§3, as amended by PL 2003, c. 633, §7, is 
repealed. 
Sec. 16. 29-A MRSA §2358, sub-§2, as amended by PL 2001, c. 687, §§18 and 
19, is further amended to read: 
2. Weighing points. The Chief of the State Police, or a person designated by the 
chief, may designate weighing points. 
A weighing point must have signs: 
A. Not less than 500 feet from approaching traffic; 
B. Bearing the words "State Police +mGk: Commercial Vehicle Check - All Trucks 
and Buses Stop"; 
C. Displaying flashing yellow lights, which must operate when the weighing station 
is open; and 
D. Directing operators of vehicles subject to the GVW restrictions to the weighing 
point if the weighing point is located on a way that intersects the way where the sign 
is located. 
The placement of signs is prima facie evidence that these signs were displayed in 
accordance with this section. 
An operator of a vehicle bus or truck subject to GVW restrictions who fails to stop at the 
weighing point when the signs are operating, unless otherwise directed by a state police 
officer, commits a traffic infraction for which a forfeiture fine not to exceed $500 may be 
adjudged. 
SUMMARY 
This bill provides that the Department of Public Safety, Bureau of State Police may 
not adopt any rule that exempts motor carriers, vehicles or drivers transporting certain 
hazardous materials from any federal regulations adopted and incorporated by reference 
into a bureau rule. 
It provides that a person who violates the Maine Revised Statutes, Title 29-A, chapter 
5, subchapter 2, or a rule adopted pursuant to that subchapter, commits a civil violation if 
the violation is discovered during a compliance review as that term is defined in 49 Code 
of Federal Regulations, Part 385.3, unless the compliance review occurs during the 
course or as a result of a criminal investigation. Any such violation is subject to a civil 
fine, which must be determined with due consideration of the Federal Motor Carrier 
Safety Administration's uniform fine assessment program. 
It clarifies and amends the laws concerning reflective and tinted glass and tires and 
wheels. 
It provides flexibility to the State Police in taking administrative action against a 
motor vehicle inspection station's license or motor vehicle inspection mechanic's license 
when the inspection station or inspection mechanic violates Maine law or the rules 
adopted by the State Police. 
It allows Department of Public Safety vehicles operated by motor vehicle inspectors 
to be equipped with auxiliary lights that emit amber light. 
It makes it a crime for a motor vehicle operator or pedestrian to knowingly refuse to 
follow the direction of a sign clearly posted by a law enforcement officer to temporarily 
close a way to vehicular traffic or to vehicles of a certain description or to divert 
pedestrian or vehicular traffic during a fire, accident, emergency or special event. 
It amends the law applicable to school bus inspections. 
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It clarifies the law regarding signs that must be posted at weighing points designated 
by the Chief of the State Police or a person designated by the chief.