An Act To Make Certain Traffic Infractions Secondary Offenses
Maine Legislature, Session 130, LD 1479
Committee Amendment CA_A_H937 (House)
Amends: 29-A MRSA §2609

COMMITTEE AMENDMENT "/4- "to H.P. 1094, L.D. 1479, "An Act To Make 
Certain Traffic Infractions Secondary Offenses" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec, 1. 29-A MRSA §2609 is enacted to read: 
§2609, Secondary offenses 
1. Definitions. As used in this section. unless the context otherwise indicates. the 
following terms have the following meanings. 
A. "Primary violation" means a violation of a law other than a secondary offense. 
B. "Secondary offense" means a violation of any of the provisions of law identified in 
subsection 3. 
2. Enforcement prohibited. Notwithstanding any provision of law to the contrary, a 
secondary offense may be enforced only if a law enforcement officer has detained the 
operator of a motor vehicle for a suspected primary violation. An operator of a motor 
vehicle is not subject to a penalty for a violation of the secondary offense unless the 
operator is required to pay a fine for the primary violation. 
3, Secondary offenses, The following violations are secondary offenses for the 
purposes of this section: 
A. Operating after suspension for failure to pay a fine or fee under section 2412-A. 
subsection 8; 
B. Failing to register a vehicle, if the vehicle was registered and the registration has 
been expired for fewer than 15 0 days under section 3 51. subsection 1. paragraph A; 
C. Operating a defective vehicle under section 1768, subsection 5. paragraph A. if the 
inspection certificate has been expired for fewer than 7 months and if there is no 
imminent safety problem clearly visible; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'~ to H.P. 1094, L.D. 1479 
D. Operating a vehicle with an object placed in a manner that obstructs or interferes 
with the view of the operator under section 2082. subsection 2. if the object is hanging 
from the rearview mirror; 
E. Operating a vehicle with windows or the windshield obscured under section 1916. 
subsection 1; 
F. Operating a vehicle that is not equipped with a muffler that prevents excessive or 
unusual noise under section 1912. subsection 1; 
G. Improperly displaying a registration plate under section 452. if the registration plate 
is visible: 
H. Improperly displaying a registration plate under section 452, subsection 4. if the 
registration plate is visible but not legible due to mud, snow or inclement weather; 
I. Operating a vehicle without a proper registration lamp under section 1909; and 
J. Operating a vehicle in violation of the traffic lane requirements under section 2051.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendment designates 
certain motor vehicle offenses as secondary offenses, stating that they may be enforced 
only if a law enforcement officer has detained the operator of a motor vehicle for a 
suspected violation of another law. An operator is not subject to a penalty for the secondary 
offense unless the operator is required to pay a fine for the primary violation. The motor 
vehicle offenses to which the amendment applies are: operating after suspension for 
nonpayment of a fine; failing to register a vehicle if the vehicle was registered and the 
registration has been expired for fewer than 150 days; operating a defective vehicle if the 
inspection certificate has been expired for fewer than 7 months and there is no imminent 
safety problem clearly visible; obstructing the view of the operator by hanging an object 
from the rearview mirror; operating a vehicle with the windows or windshield obscured, as 
by tinting or applying reflective material to the glass; operating a vehicle that is not 
equipped with a muffler that prevents excessive or unusual noise; improperly displaying a 
registration plate, if the registration plate is visible; improperly displaying a registration 
plate, if the registration plate is visible but not legible due to mud, snow or inclement 
weather; failing to have a proper registration lamp; and operating a vehicle in violation of 
the traffic lane requirements. 
COMMITTEE AMENDMENT