An Act To Amend Maine Motor Vehicle Laws
Maine Legislature, Session 128, LD 1524
Committee: Transportation
Sponsors: HANINGTON
Amends: 22 MRSA §1549, 29-A MRSA §101, 29-A MRSA §525, 29-A MRSA §558-A, 29-A MRSA §1605, 29-A MRSA §1752, 29-A MRSA §1951, 29-A MRSA §1953, 29-A MRSA §2120, 29-A MRSA §2390

Legislative Document
No. 1524
H.P. 1048
House of Representatives, April 25, 2017
An Act To Amend Maine Motor Vehicle Laws
Submitted by the Department of Public Safety pursuant to Joint Rule 204.
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HANINGTON of Lincoln.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1549, as enacted by PL 2007, c. 591, §1 and affected by §2, is 
repealed. 
Sec. 2.  29-A MRSA §101, sub-§93, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
93.  Wrecker.  "Wrecker" means a motor vehicle with hoisting apparatus and special 
equipment designed and used for towing or carrying wrecked or disabled vehicles or 
freeing vehicles stalled or stuck in snow, mud or sand, when such a motor vehicle in fact 
is being used for one of those purposes.  "Wrecker" does not include a vehicle designed to 
carry or tow more than one vehicle on its own body. 
Sec. 3.  29-A MRSA §525, sub-§9-A, as repealed and replaced by PL 2003, c. 
688, Pt. A, §32 and affected by §33, is amended to read: 
9-A.  Violation.  The following penalties apply to violations of this section. 
A.  Except as provided in paragraph B, a person who violates this section commits a 
Class E crime traffic infraction for which a fine of no more than $250 may be 
imposed for the first offense and a fine of no more than $500 may be imposed for 
each subsequent offense. 
B.  A person who displays or causes or permits to be displayed a false decal or permit 
or a decal or permit issued to another person commits a Class D crime.  Violation of 
this paragraph is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A for which the court shall impose a fine of at least $250, which may 
not be suspended. 
An owner or operator stopped for violating this section and against whom enforcement 
action has been taken does not commit a subsequent violation of this section involving 
the same vehicle until after the close of business on the next business day following the 
date of the violation. 
The court shall impose a fine of at least $250, which may not be suspended. 
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
Sec. 4.  29-A MRSA §558-A, sub-§2, ¶A, as amended by PL 2015, c. 176, §1, is 
further amended to read: 
A.  A person may not violate any provision of the rules of the Department of Public 
Safety, Bureau of State Police adopted under section 555 that incorporates by 
reference any of the following federal regulations or that is an the most current 
amended version of any of the following federal regulations as filed with the 
Secretary of State pursuant to section 555, subsection 2, paragraph C, subparagraph 
(1), division (c): 
(1)  49 Code of Federal Regulations, Section 390.21 (2007); 
(2)  Except as otherwise provided in subsection 1, paragraph C, 49 Code of 
Federal Regulations, Section 391.41 (2007); 
(3)  49 Code of Federal Regulations, Sections 392.7, 392.8, 392.9(a), 392.9(b), 
392.16, 392.22, 392.24, 392.25, 392.33, 392.71, 392.80 and 392.82 (2007); 
(4)  Any section of 49 Code of Federal Regulations, Part 393 (2007);  
(4-A)  49 Code of Federal Regulations, Sections  395.3(a)(3)(ii), 395.8(a)(2)(ii), 
395.8(d) and 395.8(i) (2014); or 
(5)  49 Code of Federal Regulations, Part 396, except Sections 396.7 and 396.9 
(2007). 
Sec. 5.  29-A MRSA §1605, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read: 
6.  Operating without giving proof.  A person commits a Class E D crime if that 
person is required to maintain proof of financial responsibility and, without authorization 
from the Secretary of State and without that proof, operates a vehicle or knowingly 
permits a vehicle owned by that person to be operated by another on a public way. 
Sec. 6.  29-A MRSA §1605, sub-§6-A is enacted to read: 
6-A.  Operating without proof when an accident involving death or serious 
bodily injury results.  A person commits a Class C crime if that person is required to 
maintain proof of financial responsibility and, without authorization from the Secretary of 
State and without that proof, operates a vehicle or knowingly permits a vehicle owned by 
that person to be operated by another on a public way and an accident involving the 
vehicle and resulting in the death of or serious bodily injury to any person occurs on the 
public way.  For the purposes of this subsection, "serious bodily injury" has the same 
meaning as in Title 17-A, section 2, subsection 23. 
Sec. 7.  29-A MRSA §1752, sub-§3, as amended by PL 2013, c. 381, Pt. A, §4, is 
further amended to read: 
3.  Antique autos.  An antique auto registered under section 457; 
Sec. 8.  29-A MRSA §1951, as enacted by PL 1993, c. 683, Pt. A, §2 and affected 
by Pt. B, §5, is amended to read: 
§1951.  Name of owner or lessee displayed 
A truck tractor owner or operator shall display on both sides of the truck tractor the 
name of the owner or lessee in letters not less than 2 1/2 inches in height that meet the 
standards set forth in 49 Code of Federal Regulations, Section 390.21. 
Sec. 9.  29-A MRSA §1953, sub-§2, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
C.    A truck tractor when not hauling a trailer or semitrailer; 
Sec. 10.  29-A MRSA §2120 is enacted to read: 
§2120.  Smoking in vehicles when minor under 16 years of age is present 
1.  Definition.  As used in this section, unless the context otherwise indicates, 
"smoking" means inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe, 
weed, plant, regulated narcotic or other combustible substance. 
2.  Prohibition.  Smoking is prohibited in a motor vehicle by the operator or a 
passenger when a person who has not attained 16 years of age is present in that motor 
vehicle, regardless of whether the motor vehicle's windows are open. 
3.  Prohibition on inspection or search.  A motor vehicle, the contents of the motor 
vehicle or the operator or a passenger in the motor vehicle may not be inspected or 
searched solely because of a violation of this section. 
4.  Not a moving violation.  A violation of this section is not a moving violation. 
5.  Penalty; warning.  A person who violates this section commits a civil violation 
for which a fine of $50 must be assessed, except that a law enforcement officer may give 
a written warning to the operator or a passenger of a motor vehicle who is in violation of 
this section. 
Sec. 11.  29-A MRSA §2390, sub-§1, as amended by PL 2007, c. 306, §8, is 
further amended to read: 
1.  Trucks, trailers and recreational vehicles.  The following maximum length 
limits apply to trucks, trailers and recreational vehicles and include permanent or 
temporary structural parts of the vehicle and load, but do not include refrigeration units or 
other nonload-carrying appurtenances permitted by federal regulation. 
A.  A vehicle may not exceed 45 feet, except as provided in this section. 
B.  The maximum overall length of a combination of vehicles may not exceed 65 feet 
unless otherwise permitted by law. 
C.  A trailer or semitrailer may be greater than 45 feet but not more than 48 feet in 
structural length only if the distance between the center of the rearmost axle of the 
truck tractor and the center of the rearmost axle of the trailer or semitrailer does not 
exceed 38 feet. 
The overall length of the combination of truck tractor and trailer or semitrailer in this 
paragraph may not exceed 69 feet, including all structural parts of the vehicle, 
permanent or temporary, and any load carried on or in the vehicle, including any rear 
overhang. 
The interaxle distance and overall combination vehicle length maximum limits 
required by this paragraph do not apply on the Interstate Highway System and those 
qualifying federal aid primary system highways designated by the Secretary of the 
United States Department of Transportation, pursuant to the United States Surface 
Transportation Assistance Act of 1982, Public Law 97-424, Section 411. 
D.  The load on a combination vehicle transporting tree-length logs exclusively may 
extend rearward beyond the body of the vehicle by no more than 8 1/2 feet, as long as 
no more than 25% of the length of the logs extends beyond the body and the total 
length of the vehicle and load does not exceed 74 feet. 
E.  A combination of truck tractor and full trailer or semitrailer may be operated on 
the Interstate Highway System and those qualifying federal aid primary system 
highways designated by the Secretary of the United States Department of 
Transportation, pursuant to the United States Surface Transportation Assistance Act 
of 1982, Public Law 97-424, Section 411, with an overall length in excess of 65 feet, 
if the trailer or semitrailer length does not exceed 48 feet. 
F.  A combination of truck tractor, semitrailer and full trailer, or a combination of 
truck tractor and 2 semitrailers, may be operated on the Interstate Highway System 
and those qualifying federal aid primary system highways designated by the 
Secretary of the United States Department of Transportation, pursuant to the United 
States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 
411, with an overall length in excess of 65 feet, if no semitrailer or trailer length 
exceeds 28.5 feet.  This vehicle combination may also operate on other highways 
designated by the Commissioner of Transportation. 
G.  A stinger-steered autotransporter may be operated on the Interstate Highway 
System and those qualifying federal aid primary system highways designated by the 
Secretary of the United States Department of Transportation, pursuant to the United 
States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 
411, with an overall length not to exceed 75 80 feet. 
H.  A combination vehicle designed for and transporting automobiles may be 
operated with an additional front overhang of not more than 3 4 feet and rear 
overhang of not more than  4  6 feet. 
I.  Drive-away saddlemount vehicle transporter combinations with an overall length 
not exceeding 97 feet may be operated on the Interstate Highway System and those 
qualifying federal aid primary system highways designated by the Secretary of the 
United States Department of Transportation pursuant to the United States Surface 
Transportation Assistance Act of 1982, Public Law 97-424, Section 411. 
J.  Notwithstanding any other provision of this subsection, a single semitrailer whose 
total structural length exceeds 48 feet but does not exceed 53 feet may be operated in 
combination with a truck tractor on a highway network if the following conditions are 
met. 
(1)  The wheelbase of the semitrailer, measured as the distance from the kingpin 
to the center of the rearmost axle of the semitrailer, may not exceed 43 feet. 
(2)  The kingpin setback of the semitrailer, measured as the distance from the 
kingpin to the front of the semitrailer, may not exceed 3 1/2 feet in length. 
(3)  The rear overhang of the semitrailer, measured as the distance from the 
center of the rear tandem axles of the semitrailer to the rear of the semitrailer, 
may not exceed 35% of the wheelbase of the semitrailer. 
(4)  The semitrailer must be equipped with a rear underride guard that is of 
sufficient strength to prevent a motor vehicle from penetrating underneath the 
semitrailer, extends across the rear of the semitrailer to within an average 
distance of 4 inches of the lateral extremities of the semitrailer, exclusive of 
safety bumper appurtenances, and is placed at a height not exceeding 22 inches 
from the surface of the ground as measured when the semitrailer is empty and is 
on a level surface. 
(5)  The semitrailer must be equipped with vehicle lights that comply with or 
exceed federal standards and reflective material approved by the Commissioner 
of Transportation that must be located on the semitrailer in a manner prescribed 
by the commissioner.  The semitrailer must display a conspicuous warning on the 
rear of the semitrailer indicating that the vehicle combination has a wide turning 
radius. 
(8)  Except as provided in subparagraph (10), the overall length of the truck 
tractor and semitrailer combination of vehicles traveling beyond the national 
network may not exceed 74 feet, including all structural parts of the vehicle, 
permanent or temporary, and any load carried on or in the vehicle.  For the 
purposes of this subparagraph, "national network" means those highways in the 
State identified under 23 Code of Federal Regulations, Appendix A to Part 658. 
(9)  Notwithstanding section 2380, the width of the semitrailer must be 102 
inches, except that the width of the rear safety bumper and appurtenances to the 
safety bumper may not exceed 103 inches and except that the width of a flatbed 
or lowboy semitrailer, measured as the distance between the outer surface edges 
of the semitrailer's tires, must be at least 96 inches but no more than 102 inches. 
(10)   For vehicles whose overall length exceeds 74 feet, including all structural 
parts of the vehicle, permanent or temporary, and any load carried on or in the 
vehicle, access is permitted to service facilities or terminals within one mile of 
the national network.  For purposes of this subparagraph, "national network" 
means those highways in the State identified under 23 Code of Federal 
Regulations, Appendix A to Part 658. 
(12)  This vehicle combination may not transport cargo that has been prohibited 
for this vehicle combination by the Commissioner of Transportation. 
(13)  This paragraph does not apply to a trailer or semitrailer when transporting 
or returning empty from transporting a nondivisible load or object under the 
provisions of an overlimit permit granted by section 2382. 
Nothing in this paragraph limits the authority of the department under Title 23, 
section 52 to adopt rules prohibiting or limiting access by semitrailers or other 
vehicles to a highway or portion of a highway or other segment of the transportation 
infrastructure in order to ensure public safety. 
SUMMARY 
This bill amends the motor vehicle and traffic laws to: 
1.  Clarify the definition of the word "wrecker" to specify that it applies only when 
the vehicle is in the act of towing or carrying a vehicle or freeing a stuck vehicle; 
2.  Decriminalize certain provisions of law regarding fuel tax licensing and reporting.  
Displaying a false fuel use identification decal remains a Class D crime; 
3.  Specify that the version of the federal regulations incorporated by reference into 
rules of the Department of Public Safety is the most current version as filed with the 
Secretary of State; 
4.  Increase the class of crime from a Class E to a Class D crime for operating, or 
permitting the operation of, a motor vehicle without proof of financial responsibility and 
to a Class C crime if death or serious bodily injury results from an accident involving that 
motor vehicle; 
5.  Clarify that the exemption from inspection requirements for antique autos applies 
only if the vehicle is registered as an antique auto; 
6.  Require a truck tractor owner or operator to display on both sides of the truck 
tractor the name of the owner or lessee in letters that meet the standards set forth in the 
Code of Federal Regulations.  Current law specifies the size of the letters; 
7.  Correct an error in the statute pertaining to splash guards to exempt a truck tractor 
from having splash guards when it is hauling a trailer or semitrailer; 
8.  Reallocate from the Maine Revised Statutes, Title 22 to Title 29-A the statute that 
prohibits a person from smoking in a motor vehicle when a person who has not attained 
years of age is present in that motor vehicle; and 
9.  Clarify the statute governing vehicle lengths so that it explicitly states the statute 
applies to recreational vehicles and so that it conforms certain vehicle lengths to federal 
law.