An Act To Require Vehicle Safety within the Funeral Industry
Maine Legislature, Session 130, LD 1214
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: HASENFUS
Amends: 32 MRSA §1408

Legislative Document
No. 1214
H.P. 889
House of Representatives, March 24, 2021
An Act To Require Vehicle Safety within the Funeral Industry
Received by the Clerk of the House on March 22, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative HASENFUS of Readfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §1408 is enacted to read:
§1408.  Vehicle safety
A member of the funeral service profession or an authorized representative or 
employee of a member of the funeral service profession who owns or leases a vehicle used 
to transport human remains may not operate that vehicle unless it meets the requirements 
of this section.
1.  Floor or platform lower than front seats.  When a floor or platform is installed in 
the vehicle, the floor or platform must be lower than the front seats of the vehicle.
2.  Floor or platform secured to vehicle.  When a floor or platform is installed in the 
vehicle, the floor or platform must be secured to the vehicle itself so that the floor or 
platform cannot become dislodged in the event of a vehicle accident.
3.  System to secure containers.  A functioning system to ensure that a container 
within the vehicle cannot become dislodged in the event of a vehicle accident must be 
installed in the vehicle.
This section applies regardless of whether the vehicle is transporting human remains.
The owner or lessee of a vehicle that violates this section is subject to a civil penalty 
of not less than $5,000.  If a violation of this section is a cause of serious bodily injury or 
death of another person, the owner or lessee of the vehicle is subject to a civil penalty of 
$25,000 and the violation must be a factor in assessment of criminal liability pursuant to 
Title 17-A, section 60.
SUMMARY
Current law does not require that vehicles used in the funeral industry to transport 
human remains contain certain safety features to prevent harm to persons riding in the 
vehicles when floors or platforms are installed and when containers are being transported.  
This bill requires a floor or platform installed in a vehicle to be lower than the vehicle's 
front seats and to be secured to the vehicle so it cannot become dislodged in the event of a 
vehicle accident and requires a functioning system to be installed in the vehicle to ensure 
that a container within the vehicle cannot become dislodged in the event of a vehicle 
accident.  It provides that a member of the funeral service profession or authorized 
representative or employee who owns or leases a vehicle used to transport human remains 
may not operate that vehicle unless it meets these requirements, that the owner or lessee of 
such a vehicle that violates these requirements is subject to a civil penalty of not less than 
$5,000 and that an owner or lessee that violates these requirements is subject to a civil 
penalty of $25,000 if the violation is a cause of serious bodily injury or death of another 
person, with the violation being a factor in assessment of criminal liability.