An Act To Clarify the Enforcement Provisions Relating to Motor Carrier Registration
Maine Legislature, Session 126, LD 1787
Committee: Transportation
Amends: 29-A MRSA §551, 29-A MRSA §556, 29-A MRSA §558

Legislative Document 
No. 1787 
H.P. 1279 
House of Representatives, February 20, 2014 
An Act To Clarify the Enforcement Provisions Relating to Motor 
Carrier Registration 
Reported by Representative THERIAULT of Madawaska for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Transportation suggested and ordered printed pursuant to 
Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §551, sub-§6, as enacted by PL 2009, c. 598, §8, is repealed. 
Sec. 2.  29-A MRSA §556, first ¶, as amended by PL 1997, c. 776, §22, is further 
amended to read: 
A motor vehicle is exempt from this subchapter, except sections 555, 555-A, 558 
558-A, 560 and 562, as follows: 
Sec. 3.  29-A MRSA §558, as amended by PL 2011, c. 219, §1 and c. 455, §1 and 
affected by §4, is repealed. 
Sec. 4.  29-A MRSA §§558-A and 558-B are enacted to read: 
§558-A.  Violation of provisions of subchapter 
1.  Crimes; penalties.  Except as provided in subsections 2 to 4, a person commits a 
crime if that person: 
A.  In fact violates this subchapter or a rule adopted pursuant to this subchapter.  
Violation of this paragraph is a Class E crime that is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A; 
B.  Intentionally or knowingly permits a violation of this subchapter or a rule adopted 
pursuant to this subchapter. Violation of this paragraph is a Class E crime; 
C.  In fact violates any provision of the rules of the Department of Public Safety, 
Bureau of State Police adopted under section 555 that incorporates by reference 49 
Code of Federal Regulations, Section 391.41 (2007), or as amended, and that 
violation occurs as a result of the operation of a commercial motor vehicle by a 
person who has methadone or its metabolite in that person's body.  Violation of this 
paragraph is a Class E crime; or 
D.  Intentionally or knowingly violates this subchapter or a rule adopted pursuant to 
this subchapter and the violation in fact causes either death or serious bodily injury to 
a person whose health or safety is protected by the provision violated and the death or 
serious bodily injury is a reasonably foreseeable consequence of the violation.  
Violation of this paragraph is a Class C crime. 
The maximum fine for a violation of a state rule that adopts by reference the federal 
regulations found in 49 Code of Federal Regulations and that is not an out-of-service 
order is $250, and the maximum fine for a violation of a state rule that adopts by 
reference the federal regulations found in 49 Code of Federal Regulations and that meets 
the definition of an out-of-service order as defined in 49 Code of Federal Regulations is 
$500.  For purposes of this subsection, "out-of-service order" means a declaration by a 
law enforcement officer authorized to enforce the provisions of this subchapter that a 
driver, a commercial motor vehicle or a motor carrier operation is out of service pursuant 
to 49 Code of Federal Regulations, Sections 386.72, 392.5, 392.9a, 395.13 or 396.9, or 
compatible laws, or the North American Standard Out-of-Service Criteria. 
2.  Traffic infractions involving federal regulations; violations.  The following 
provisions govern traffic infractions. 
A.  A person may not violate any provision of the rules of the Department of Public 
Safety, Bureau of State Police adopted under section 555 that incorporates by 
reference any of the following federal regulations or that is an amended version of 
any of the following federal regulations: 
(1)  49 Code of Federal Regulations, Section 390.21 (2007); 
(2)  Except as otherwise provided in subsection 1, paragraph C, 49 Code of 
Federal Regulations, Section 391.41 (2007); 
(3)  49 Code of Federal Regulations, Sections 392.16, 392.22, 392.24, 392.25, 
392.33 and 392.71 (2007); 
(4)  Any section of 49 Code of Federal Regulations, Part 393 (2007); or 
(5)   49 Code of Federal Regulations, Part 396, except Sections 396.7 and 396.9 
(2007). 
B.  The following provisions govern penalties for violations of this subsection. 
(1)  A person who violates this subsection commits a traffic infraction for which 
a fine of $250 must be adjudged. 
(2)  A person who violates this subsection after having previously violated this 
subsection commits a traffic infraction for which a fine of $500 must be 
adjudged. 
3.  Traffic infractions not involving federal regulations; violations.  A person may 
not violate any provision of the Secretary of State's rules adopted pursuant to section 551.  
The following penalties apply to violations of this subsection. 
A.  A person who violates this subsection commits a traffic infraction for which a 
fine of $250 must be adjudged. 
B.  A person who violates this subsection after having previously violated this 
subsection commits a traffic infraction for which a fine of $500 must be adjudged. 
4.  Civil violations.  A person commits a civil violation if that person violates this 
subchapter or a rule adopted pursuant to this subchapter and the violation is discovered 
during a compliance review as that term is defined in 49 Code of Federal Regulations, 
Section 385.3, unless the compliance review occurs during the course of or as a result of a 
criminal investigation.  A person who violates this subsection is subject to a fine that 
must be determined with due consideration of the Federal Motor Carrier Safety 
Administration's uniform fine assessment program.  A fine imposed may not be greater 
than the fine amount provided in the Federal Motor Carrier Safety Administration's 
uniform fine assessment program. 
§558-B.  Notification by court to Secretary of State of a failure to appear or 
noncompliance with court order; resulting suspension 
1.  Notification by court.  If a person after being ordered to appear to answer a 
violation fails to appear or after appearing fails to comply with an order issued pursuant 
to this subchapter, the court shall notify the Secretary of State. 
2.  Suspension of registration.  After receiving notice pursuant to subsection 1, the 
Secretary of State shall suspend the person's commercial registration certificates and 
plates and the privilege to operate a commercial motor vehicle in this State.  The 
suspension must remain in effect until the person appears in court and complies with a 
court order. 
SUMMARY 
This bill makes technical and organizational changes to the penalty provisions of the 
laws regulating the registration of motor carriers.  The bill repeals the Maine Revised 
Statutes, Title 29-A, section 551, subsection 6, which was unnecessary.  The bill enacts 
Title 29-A, section 558-A, which separates crimes, traffic infractions and civil violations.  
The bill separates by subsections the crimes, traffic infractions and civil violations.  The 
bill also amends the civil violation now in Title 29-A, section 558-A, subsection 4 by 
specifying that the fine imposed may not be greater than the fine amount provided in the 
Federal Motor Carrier Safety Administration's uniform fine assessment program.  This 
bill also specifies the penalty for a traffic infraction instead of relying on the penalty 
described in Title 29-A, section 103, subsection 3.