An Act To Improve the Safety of Ferries in the State
Maine Legislature, Session 127, LD 1468
Committee: Transportation
Sponsors: MIRAMANT, KINNEY, DIAMOND, LANGLEY, THIBODEAU, BATTLE, BEEBE-CENTER, EVES, KUMIEGA
Amends: 23 MRSA §4302, 23 MRSA §4304

Legislative Document 
No. 1468 
S.P. 566 
In Senate, December 18, 2015 
An Act To Improve the Safety of Ferries in the State 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2015.  Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator MIRAMANT of Knox. 
Cosponsored by Representative KINNEY of Limington and 
Senators: DIAMOND of Cumberland, LANGLEY of Hancock, President THIBODEAU of 
Waldo, Representatives: BATTLE of South Portland, BEEBE-CENTER of Rockland, Speaker 
EVES of North Berwick, KUMIEGA of Deer Isle, McCREIGHT of Harpswell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §4302, as amended by PL 1997, c. 643, Pt. QQ, §2, is further 
amended to read: 
§4302.  Membership 
The membership of the board consists of one person from each of the island 
municipalities and plantations serviced by the Maine State Ferry System and 3 members 
appointed by the Commissioner of Transportation, 2 of whom must have demonstrated 
knowledge in maritime matters. The members representing the island municipalities and 
plantations shall be are appointed by the municipal officers of the member's municipality 
or by the assessors of the member's plantation and all members shall serve a term of 
office of 2 years.  Each island municipality shall appoint one alternate member to the 
board.  In the absence of the island's primary representative, its alternate may represent 
the island at all board meetings.  Vacancies in membership must be filled in the same 
manner as the original appointment. 
Sec. 2.  23 MRSA §4304, as amended by PL 1985, c. 253, is further amended by 
adding at the end a new paragraph to read: 
Prior to implementation of a Department of Transportation policy related to the 
Maine State Ferry Service, the board shall review the policy to ensure it is consistent with 
appropriate maritime procedures. 
Sec. 3.  Implementation of operational safety assessment report.  The 
Department of Transportation shall implement recommendations in the "Maine State 
Ferry Service, MaineDOT, Operational Safety Assessment (OSA) Report" dated April 4, 
2008 and written by Safety Management Systems, LLC.  Recommendations identified in 
the report as high priority must be implemented as soon as possible after the effective 
date of this section, recommendations identified as medium priority must be implemented 
within one year of the effective date of this section and recommendations identified as 
normal priority must be implemented as time and resources allow.  By January 1, 2017, 
the Department of Transportation shall report on the progress of implementation of the 
actions required under this section to the joint standing committee of the Legislature 
having jurisdiction over transportation matters. 
Sec. 4.  Operational changes relating to Maine State Ferry Service.  By 
June 1, 2017, the Department of Transportation shall adopt rules relating to the Maine 
State Ferry Service in accordance with this section.  For purposes of this section, "Maine 
State Ferry Service" has the same meaning as in the Maine Revised Statutes, Title 23, 
section 4401.  Rules adopted pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.  The rules must: 
1.  Staffing.  Ensure that staffing levels are appropriate for vessels operated for the 
Maine State Ferry Service.  By September 1, 2016, the department shall review staff 
duties and staffing needs and report the results of the review to the Joint Standing 
Committee on Transportation; 
2.  Hazardous material.  Establish a delivery schedule for the transportation of 
hazardous materials that are incompatible with the transportation of passengers.  For 
purposes of this subsection, "hazardous materials" includes, but is not limited to, propane, 
oil and gasoline.  The schedule must provide for deliveries of hazardous materials at least 
once per week; 
3.  Medical samples.  Require all vessels operating for the Maine State Ferry Service 
to be outfitted with a lockbox for medical samples.  The rules must provide for the 
transport of medical diagnostic samples, including, but not limited to, allowing medical 
personnel access to the lockbox; 
4.  Standard operating procedures.  Include standard operating procedures relating 
to crew stations and duties and decisions regarding overboard passengers, firefighting, 
extreme weather conditions and abandoning ship.  Training related to the standard 
operating procedures must be provided to vessel staff and must be available for staff to 
reference at all times; and 
5.  Customer service.  Include procedures to modernize customer services, 
including, but not limited to, passenger wait lines, slot times and seasonal rates.  The 
procedures must be developed with the goal of improving customer service and 
identifying opportunities for increased revenue. 
By January 1, 2017, the Department of Transportation shall report on the progress of 
rulemaking required under this section to the joint standing committee of the Legislature 
having jurisdiction over transportation matters. 
Sec. 5.  Transition for appointment of Maine State Ferry Advisory Board 
members.  Notwithstanding the Maine Revised Statutes, Title 23, section 4302, 
members of the Maine State Ferry Advisory Board appointed by the Commissioner of 
Transportation serving on the effective date of this Act continue to serve until the 
completion of their terms.  Their successors are appointed as provided in Title 23, section 
4302. 
SUMMARY 
This bill amends the membership of the Maine State Ferry Advisory Board and 
requires the board to review Department of Transportation policies related to the Maine 
State Ferry Service prior to implementation.  The bill requires the Department of 
Transportation to implement recommendations contained in the "Maine State Ferry 
Service, MaineDOT, Operational Safety Assessment (OSA) Report" dated April 4, 2008.  
The bill also requires the Department of Transportation to adopt rules in connection with 
the Maine State Ferry Service regarding staffing levels and duties, transportation of 
hazardous materials, transportation of medical samples, customer service and crew 
stations and duties.