An Act To Allow for the Equalization of Truck Jei~hts between Maine and Canada for Limited Use at the Border Crossings
Maine Legislature, Session 126, LD 1076
Committee Amendment CA_A_H642 (House)
Amends: 29-A MRSA §2354, 29-A MRSA §2354-D

COMMITTEE AMENDMENT ,,/J. " to H.P. 769, L.D. 1076, Bill, "An Act To 
Allow for the Equalization of Truck Jei~hts between Maine and Canada for Limited Use 
at the Border Crossings" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide a Mechanism To Allow Certain Commercial Motor Vehicle 
Weight Limits and Vehicle Dimension Standards To Be Exceeded in Order To 
Promote Economic Development while Ensnring Public Safety' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2354, first~, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
Notwithstanding any provision of this subchapter other than section 2354-D, a 
combination vehicle consisting of a 3-axle truck tractor with a tri-axle semitrailer may be 
operated with a maximum gross vehicle weight of: 
Sec. 2. 29-A MRSA §2354-D is enacted to read: 
§2354-D. Allow certain commercial motor vehicles that exceed weight limits and 
vehicle dimension standards to operate on a designated route of travel 
1. Commissioner may allow certain commercial motor vehicles that exceed 
weight limits and vehicle dimension standards. The Commissioner of Transportation, 
in consultation with the Department of Public Safety and the Department of the Secretary 
of State, may allow a specified commercial motor vehicle configuration with any number 
of axles that would otherwise be in violation of the provisions in this chapter regarding 
operational weight limits, gross vehicle weights, axle weights, tire weights or vehicle 
dimensions to operate on a specified route of travel over public ways if: 
COMMITTEE AMENDMENT 
..... 
'" 
COMMITTEE AMENDMENT ,A "to H.P. 769, L.D. 1076 
A. 
The department receives a proposal from an entity seeking an allowance to 
operate a specified commercial motor vehicle configuration pursuant to this 
subsection on a specified route of travel; 
B. The chief engineer of the department, as appointed in accordance with Title 23, 
section 201, finds the proposed configuration and weight can be safely operated on 
the proposed route of travel. In making this finding, the chief engineer may consider 
available manufacturer's ratings for gross vehicle weight, axle capacity, brake 
systems and other components. The chief engineer may place such restrictions on 
operations as are necessary to ensure public safety; 
C. The chief engineer of the department, as appointed in accordance with Title 23, 
section 201, finds that the public ways and bridge infrastructure affected by the 
proposed route of travel can withstand, or can be improved and maintained to 
withstand, the proposed configuration and weight. The improvements necessary may 
include initial capital improvements and future maintenance or capital improvements; 
and 
D. The department receives satisfactory assurance that at least 50% of the cost of any 
infrastructure assessment and at least 50% of the cost for any infrastructure 
improvements detennined necessary pursuant to paragraph C will be provided by the 
entity seeking the allowance. The department may provide the balance of funding, if 
feasible. 
2. Rules. The Commissioner of Transportation, in consultation with the Department 
of Public Safety and the Department of the Secretary of State, shall adopt rules to 
implement this section. The rules must include appropriate mechanisms to ensure that, 
prior to giving an allowance to operate a commercial motor vehicle pursuant to this 
section on a route of travel that includes a public way that traverses a municipality, 
unorganized or deorganized area in a county or a reservation or trust land of a federally 
recognized Indian tribe in this State, appropriate input from or approval of the 
municipality, county or federally recognized Indian tribe is obtained. Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3. Report. Beginning February 1, 2017, and biennially thereafter, the Commissioner 
of Transportation shall report to the joint standing committee of the Legislature having 
jurisdiction over transportation matters on the implementation of this section. The report 
must include the number of proposals received by the department, including how many 
were authorized; the reasons any proposals were not authorized or did not move forward; 
the costs incurred by the department; the amount of funds provided by relevant entities or 
funding sources other than the department; any infrastructure improvements made to 
accommodate proposals; the designated routes of travel allowed; the allowed 
configurations on these designated routes; and the gross vehicle weights allowed. 
4. Commissioner may revoke privileges of operation. The Commissioner of 
Transportation may revoke the privileges of operation under this section of a commercial 
motor vehicle and the associated entity that sought the allowance under this section for 
cause, including repeatedly exceeding allowed gross vehicle weight limits or operating 
outside the allowed designated route of travel. Revocation by the commissioner is 
considered a final agency action. 
COMMITTEE AMENDMENT 
... • 
~ 
COMMITTEE AMENDMENT A 
"to H.P. 769, L.D. 1076 
5. Exclusion. Nothing contained in this section applies to the Interstate Highway 
System as defined in the Federal Aid Highway Act of 1956 . 
Sec. 3. Report. By January 15, 2015, the Commissioner of Transportation shall 
provide the joint standing committee of the Legislature having jurisdiction over 
transportation matters with an update on the progress made with respect to rulemaking 
pursuant to the Maine Revised Statutes, Title 29-A, section 2354-D, subsection 2.' 
SUMMARY 
This amendment replaces the bill, including the title. The amendment authorizes the 
Department of Transportation to adopt rules, in consultation with the Department of the 
Secretary of State and the Department of Public Safety, that allow certain commercial 
motor vehicles that exceed gross vehicle weight limits and vehicle dimension standards 
established in statute to travel upon designated routes when safety and infrastructure have 
been assessed, any improvement determined necessary to guarantee that safety has been 
ensured and infrastructure that can support the increased weights has been completed 
prior to allowing the route to be traversed by the commercial motor vehicles. The 
amendment requires that 50% of any funds needed to finance an infrastructure assessment 
or to make improvements is provided by the entity proposing the route. The amendment 
requires that rules adopted allow for local input. Lastly, the amendment directs the 
Department of Transportation to provide a report to the joint standing committee of the 
Legislature having jurisdiction over transportation matters initially on progress made with 
respect to rulemaking, and biennially on the implementation of these provisions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01131/14 frac.. 
LD 1076 
LR 1520(02) 
An Act To Allow for the Equalization of Truck Weights between Maine and Canada for Limited Use 
at the Border Crossings 
Fiscal Note for Bill as Amended by Committee Amendment 'A' L t\ -l.pL/-J. ') 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Highway Fund 
Potential current biennium cost increase - Other Special Revenue Funds 
Potential current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Highway Fund and Other Special Revenue Funds expenditures could increase if a proposal regarding truck 
configuration and weight is received and the department determines it would require capital improvements to the 
infrastructure in order for it to withstand the proposed configuration. Under this bill, the entity requesting the change 
would be required to pay for 50% ofthe improvements, which would increase Other Special Revenue Funds revenue. 
LR1520(02) - Fiscal Note - Page 1 of 1