An Act To Create the Crime of Operating While Fatigued
Maine Legislature, Session 127, LD 0988
Committee Amendment CA_A_H144 (House)
Amends: 29-A MRSA §2118

COMMITTEE AMENDMENT" A " 
to H.P. 683, L.D. 988, Bill, "An Act To Create 
the Crime of Operating While Fatigued" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Designate Operating a Motor Vehicle While Fatigued as a Traffic 
Infraction' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2118, as reallocated by RR 2009, c. 1, § 18, is amended to 
read: 
§2118. Failure to maintain control of a motor vehicle 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Operation of a motor vehicle while distracted" means the operation of a motor 
vehicle by a person who, while operating the vehicle, is engaged in an activity: 
(1) That is not necessary to the operation of the vehicle; and 
(2) That actually impairs, or would reasonably be expected to impair, the ability 
of the person to safely operate the vehicle. 
B. "Operation of a motor vehicle while fatigued" means the operation of a motor 
vehicle by a person who has been without sleep for a period of 24 consecutive hours 
or whose alertness and ability to operate a motor vehicle is so impaired by fatigue as 
to make it unsafe for the person to operate a motor vehicle. 
2. Failure to maintain control of a motor vehicle. A person commits the traffic 
infraction of failure to maintain control of a motor vehicle if the person: 
A. 
Commits either a traffic infraction under this Title or commits the crime of 
driving to endanger under section 2413 and, at the time the traffic infraction or crime 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 683, L.D. 988 
occurred, the person was engaged in the operation of a motor vehicle while 
distracted; ef 
B. Is determined to have been the operator of a motor vehicle that was involved in a 
reportable accident as defined in section 2251, subsection 1 that resulted in property 
damage and, at the time the reportable accident occurred, the person was engaged in 
the operation of a motor vehicle while distracted7~ 
C. Is determined to have been the operator of a motor vehicle that was involved in a 
reportable accident as defined in section 2251, subsection 1 that resulted in property 
damage and, at the time the reportable accident occurred, the person was engaged in 
the operation of a motor vehicle while fatigued. 
A person may be issued a citation or summons for any other traffic infraction or crime 
that was committed by the person in relation to the person's commission of the traffic 
infraction of failure to maintain control of a motor vehicle.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment replaces 
the bill, which makes operating while fatigued a crime. The amendment instead adds 
operating while fatigued to the types of motor vehicle operation that are designated as 
failure to maintain control of a motor vehicle, which is a traffic infraction. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/01115 
;:wac 
LD 988 
LR 1199(02) 
An Act To Create the Crime of Operating While Fatigued 
Fiscal Note for Bill as Amended by Committee Amendment 11{ /I-I '1'1 ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of traffic infractions. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LRI199(02) - Fiscal Note - Page I of 1