An Act To Clarify the Use of the Term "Civil Violation" in the Motor Vehicle Statutes
Maine Legislature, Session 126, LD 1758
Committee: Transportation
Amends: 29-A MRSA §101, 29-A MRSA §2063, 29-A MRSA §2063-B, 29-A MRSA §2082, 29-A MRSA §2326, 29-A MRSA §2601, 29-A MRSA §2605

Legislative Document 
No. 1758 
H.P. 1262 
House of Representatives, February 4, 2014 
An Act To Clarify the Use of the Term "Civil Violation" in the 
Motor Vehicle Statutes 
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 §101, sub-§85, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
85.  Traffic infraction.  "Traffic infraction" means any violation of any provision of 
this Title, or of any rules established under this Title, not expressly defined as a crime or 
as a civil violation and otherwise not punishable by incarceration. 
The term "traffic infraction" as used in any public or private law of this State or in any 
rule adopted pursuant to any law of this State has this same meaning and effect. 
Sec. 2.  29-A MRSA §2063, sub-§7, as amended by PL 2007, c. 400, §6, is 
further amended to read: 
7.  Penalties.  A person 17 years of age or over who violates this section commits a 
civil violation traffic infraction for which a fine of not less than $25 and not more than 
$250 may be adjudged.  A person under 17 years of age is not subject to a fine under this 
section. 
Sec. 3.  29-A MRSA §2063-B, sub-§3, as enacted by PL 2007, c. 400, §7, is 
amended to read: 
3.  Penalties.  A person 17 years of age or over who violates this section commits a 
civil violation traffic infraction for which a fine of not less than $25 and not more than 
$250 may be adjudged. 
Sec. 4.  29-A MRSA §2082, sub-§7, as amended by PL 1995, c. 65, Pt. A, §108 
and affected by §153 and Pt. C, §15, is further amended to read: 
7.  Placement of stickers on illegally parked vehicles.  A person may not place a 
sticker or other device on the windshield of a motor vehicle parked in a manner that 
allegedly constitutes trespass by motor vehicle, as defined in Title 17-A, section 404, if 
the sticker or other device would obstruct the driver's forward view.  A person who places 
a sticker in violation of this subsection commits a civil violation traffic infraction for 
which a forfeiture not to exceed $50 may be adjudged.  This subsection does not apply to 
law enforcement officers engaged in the performance of official duties. 
Sec. 5.  29-A MRSA §2326, first ¶, as repealed and replaced by PL 2007, c. 400, 
§11, is amended to read: 
A person who violates section 2323, subsection 1 commits a civil violation traffic 
infraction. 
Sec. 6.  29-A MRSA §2601, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
1.  Form of Uniform Summons and Complaint.  Every law enforcement agency in 
this State shall use traffic summonses for civil violations defined in this Title and criminal 
traffic offenses defined in Title 23, section 1980 or this Title in the form known as the 
Uniform Summons and Complaint, which must be uniform throughout the State and must 
be issued in books with summonses in no less than quadruplicate and meeting the 
requirements of this chapter.  The Uniform Summons and Complaint must include, at a 
minimum, the signature of the officer, a brief description of the alleged offense, the time 
and place of the alleged offense and the time, place and date the person is to appear in 
court.  The Uniform Summons and Complaint must also include a statement that signing 
the summons does not constitute an admission or plea of guilty and that refusal to sign 
after having been ordered to do so by a law enforcement officer is a separate Class E 
crime.  A person to whom a Uniform Summons and Complaint is issued or delivered 
must give a written promise to appear.  The form of the Uniform Summons and 
Complaint must be approved by the Chief Judge of the District Court prior to its use. 
Sec. 7.  29-A MRSA §2601, sub-§8, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
8.  When a lawful complaint.  If the Uniform Summons and Complaint is duly 
sworn to as required by law and otherwise legally sufficient in respect to the form of a 
complaint and to charging commission of the offense alleged in the summons to have 
been committed, then the summons when filed with a court having jurisdiction constitutes 
a lawful complaint for the purpose of the commencement of any prosecution of a civil 
violation under this Title or a misdemeanor or Class D or Class E crime under Title 23, 
section 1980 or this Title.  When filed with the violations bureau, the Violation Summons 
and Complaint is considered a lawful complaint for the purpose of the commencement of 
a traffic infraction proceeding. 
Sec. 8.  29-A MRSA §2605, sub-§1, as amended by PL 2005, c. 325, §2, is 
further amended to read: 
1.  Suspension by clerk.  If a person fails to appear in court on the date and time 
specified in response to a Uniform Summons and Complaint, a summons, a condition of 
bail or order of court for any criminal violation of Title 23, section 1980; a civil violation 
under Title 28-A, section 2052; a civil violation under this Title; or any criminal 
provision of this Title, or for any further appearance ordered by the court, including one 
for the payment of a fine, either in person or by counsel, or fails to pay a fine imposed for 
a criminal traffic offense, the clerk shall suspend the person's license or permit, the right 
to operate a motor vehicle in this State and the right to apply for or obtain a license or 
permit.  The court shall immediately notify that person of the suspension by regular mail 
or personal service.  Written notice is sufficient if sent to the person's last known address. 
If a person who is not an individual fails to appear or pay a fine in a civil violation under 
this Title or a criminal traffic offense, the clerk shall suspend the registration of the motor 
vehicle involved in the offense or that person's right to operate that vehicle in the State. 
SUMMARY 
This bill clarifies that offenses designated as civil violations in the Maine Revised 
Statutes, Title 29-A are not traffic infractions and must be charged in a Uniform 
Summons and Complaint and filed in the appropriate division of the District Court as 
civil violations.  This bill also amends provisions in Title 29-A relating to offenses 
involving bicycles, toy vehicles, roller skis and placement of stickers on illegally parked 
vehicles to clarify that these offenses are traffic infractions and not civil violations.