An Act To Preserve the Efficiency of Transportation Maintenance and Construction Activities II
Maine Legislature, Session 127, LD 1245
Committee Amendment CA_A_S122 (Senate)
Amends: 35-A MRSA §752, 35-A MRSA §761

COMMITTEE AMENDMENT" A " to S.P. 450, L.D. 1245, Bill, "An Act To 
Preserve the Efficiency of Transportation Maintenance and Construction Activities" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 35-A MRSA §752, sub-§l, as enacted by PL 1995, c. 348, §1, is 
amended to read: 
IS 
1. 
Covered equipment or items. 
"Covered equipment or items" means any 
mechanical equipment, hoisting equipment, antenna or boat mast or rigging, any part of 
which is capable of vertical, lateral or swinging motion that causes any portion of the 
equipment or item to come within 10 feet of an overhead high~voltage line during 
erection, construction, operation or maintenance, including, but not limited to, equipment 
such as cranes, derricks, power shovels, backhoes, dump trucks, drilling rigs, pile drivers, 
excavating equipment, hay loaders, hay stackers, combines, portable grain augers or 
elevators and items such as ladders, scaffolds, boat masts and outriggers, houses or other 
structures in transport and gutters, siding and other construction materials. 
"Covered 
equipment or itel1].~'.' also includes traffic lighting. 
Sec. 2. 35-A MRSA §752, sub-§4-A is enacted to read: 
4-A. Traffic lighting. "Traffic lighting" means a dynamic sign that is capable of 
electronically displaying a changing message that provides motorists traffic-emergency-
related infonnation or means a luminaire; traffic signal or traffic beacon used for traffic 
control. 
Sec. 3. 35-A MRSA §761, sub-§4 is enacted to read: 
4. 
State agencies; quasi-independent state agencies; municipalities. 
The 
provisions of sections 756 and 757 do not apply to the installation or maintenance of 
traffic lighting by an employee of a state agency, quasi-independent state agency or 
municipality or by a person performing the instal1ation or maintenance on behalf of a 
state agency. quasi-independent state agency or municipality. Nothing in this subsection 
exempts a person installing or maintaining traffic lighting from any applicable training 
COMMITTEE AMENDMENT 
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I 
COMMITTEE ANfENDMENT" PI " to S.P. 450, L.D. 1245 
certification or licensing requirements for perforrrilng the installation or maintenance, and 
the installation or maintenance must be perfomled in accordance with all applicable 
federal, state and local laws, regulations, safety codes and ordinances and any other 
applicable safety requirements. 
A municipality or a contractor working for a 
municipality must maintain any minimum insurancc requirements specified by the 
Depaliment of Transportation. For purposes of this subsection, "quasi-independent state 
agcncy" has the same meaning as in Title 5, section 12021, subsection 5.' 
SUMMARY 
This amendment provides that traffic lighting is considered covered equipment under 
the Overhead High-voltage Line Safety Act, and it defines "traffic lighting." This 
amendment provides that state agencies, quasi-independent state agencies and 
municipalities are exempt from the provisions of the Maine Revised Statutes, Title 35-A, 
sections 756 and 757 for the installation or maintenance of traffic lighting as long as the 
person performing the installation or maintenance has met applicable training 
certification or licensing requirements for performing the installation or maintenance and 
the installation or maintenance is performed hi accordance with all applicable federal, 
state and local laws, regulations, safety codes and ordinances and any other applicable 
safety requirements. The amendment also requires a municipality or a contractor working 
for a municipality to maintain the minimum insurance requirements specified by the 
Department of Transportation. 
COMMITTEE AMENDMENT