An Act To Enforce Restrictions in Parking Spaces and Access Designated for Persons with a Walking Disability
Maine Legislature, Session 127, LD 0390
Committee Amendment CA_A_H73 (House)

COMMITTEE AMENDMENT "A" to H.P. 256, L.D. 390, Bill, "An Act To 
Enforce Restrictions in Parking Spaces and Access Designated for Persons with a 
Walking Disability" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enforce Restrictions in Parking Spaces and Access Aisles Designated for 
Persons with a Walking Disability' 
Amend the bill in section 1 in subsection 9-A by striking out all of the last sentence 
(page 1, lines 15 to 18 in L.D.) and inserting the following: 'Testimony under oath with 
clear photographic evidence from a person with a disability or the driver of a vehicle 
transporting a person with a disability that a vehicle was parked in violation of this 
subsection is prima facie evidence of a violation of this subsection. For purposes of this 
subsection, "person with a disability" has the same meaning as in subsection I.' 
Amend the bill by adding after section 1 the following: 
'Sec.2. 29-A MRSA §S21, sub-§9-B, as amended by PL 2013, c. 381, Pt. C, §2, 
is further amended to read: 
9-B. 
Registered owner's liability for vehicle illegally parked in disability 
parking space or access aisle. A person who is a registered owner of a vehicle at the 
time that vehicle is involved in a violation of subsection 9-A commits a traffic infraction. 
For purposes of this subsection, "registered owner" includes a person issued a dealer or 
transporter registration plate. 
A. Anyone who observes a violation of subsection 9-A may report the violation to a 
law enforcement officer. If a report is made, the observer shall report the time and 
the location of the violation and the registration plate number and a description of the 
vehicle involved. The officer shall initiate an investigation of the reported violation 
and, if possible, contact the registered owner of the motor vehicle involved and 
request that the registered owner supply infonnation identifying the operator. 
Testimony under oath with clear photographic evidence from a person with a 
disability or the driver of a vehicle transporting a person with a disability that a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 256, L.~. 390 
vehicle was parked in violation of this subsection is prima facie evidence of a 
violation of this subsection. 
For purposes of this paragraph, "person with a 
disability" has the same meaning as in subsection 1. 
B. The investigating officer may cause the registered owner of the vehicle to be 
served with a summons for a violation of this subsection. 
C. Except as provided in paragraph D, it is not a defense to a violation of this 
subsection that a registered owner was not operating the vehicle at the time of the 
violation. 
D. The following are defenses to a violation of this subsection. 
(1) If a person other than the owner is found to be operating the vehicle at the 
time of the violation and is adjudicated of violating subsection 9-A, then the 
registered owner may not be found in violation ofthis subsection. 
(2) If the registered owner is a lessor of vehicles and at the time of the violation 
the vehicle was in the possession of a lessee, and the lessor provides the 
investigating officer with a copy of the lease agreement containing the 
information required by section 254, then the lessee and not the lessor may be 
charged under this subsection. 
(3) If the vehicle is operated using a dealer or transporter registration plate and at 
the time of the violation the vehicle was operated by any person other than the 
dealer or transporter, and if the dealer or transporter provides the investigating 
officer with the name and address of the person who had control over the vehicle 
at the time of the violation, then that person and not the dealer or transporter may 
be charged under this subsection. 
(4) If a report that the vehicle was stolen is given to a law enforcement officer or 
agency before the violation occurs or within a reasonable time after the violation 
occurs, then the registered owner may not be charged under this subsection. 
E. A person who violates this subsection is subject to a fine of not less than $200 and 
not more than $500.' 
S~RY 
This amendment provides that testimony under oath with clear photographic evidence 
from a person with a disability or the driver of a vehicle transporting a person with a 
disability is prima facie evidence that a violation of a disability parking restriction has 
occurred. This provision applies to the registered owner's liability for a vehicle illegally 
parked in a disability parking space or access aisle. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
'
f!~:.~;i 
'~ 
t_ \ 
,. 
~. '",\. 
~~f!f3/~ 
~~-
Approved: 04112115 
;1?;'ac.. 
LD390 
LR 1169(02) 
An Act To Enforce Restrictions in Parking Spaces and Access Designated for Persons with a Walking 
Disability 
Fiscal Note for Bill as Amended by Committee Amendment A{ H- 73) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost. increase - General Fund 
Correctional and Judicial Impact Statements 
Increases Judicial Department workoad with no effect on fines or fees. 
LRl169(02) - Fiscal Note - Page 1 of 1