An Act to Establish the Weighing Point Preclearance Program
Maine Legislature, Session 131, LD 1455
Committee: Transportation
Sponsors: FARRIN, PARRY
Amends: 29-A MRSA §2366

Legislative Document
No. 1455
S.P. 573
In Senate, March 30, 2023
An Act to Establish the Weighing Point Preclearance Program
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FARRIN of Somerset.
Cosponsored by Representative PARRY of Arundel.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2366 is enacted to read:
§2366.  Weighing Point Preclearance Program
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Preclearance system" means an electronic system that verifies a commercial motor 
vehicle's size, weight, registration and safety records as the commercial motor vehicle 
drives on a highway and allows compliant commercial motor vehicles to bypass 
weighing points. 
B.  "Preclearance system provider" means a provider of the preclearance system under 
subsection 6.
C.  "Program" means the Weighing Point Preclearance Program established pursuant 
to subsection 2.
D.  "State Police" means the Department of Public Safety, Bureau of State Police.
E.  "Weighing point" means a roadside station where commercial motor vehicles are 
required to stop for weight and safety inspections by the State Police.
2.  Establishment of program.  The State Police shall establish the Weighing Point 
Preclearance Program in accordance with the commercial motor vehicle information 
systems and networks electronic screening truck inspection and weighing point 
preclearance standards authorized by the Federal Motor Carrier Safety Administration. 
Any proposed infrastructure to be installed within the right-of-way of a state highway 
pursuant to this subsection must be designed and constructed in accordance with standards 
from the department, as applicable, and reviewed by the department, as applicable, for 
approval prior to construction.  All costs associated with the design, inspection, installation, 
maintenance and operation of the preclearance system is the responsibility of the 
preclearance system provider.
3.  Department preclearance system program.  If the department administers a 
program that is not the Weighing Point Preclearance Program and that uses a preclearance 
system, the department shall determine which weighing points must participate in that 
program, and all preclearance system providers' devices and platforms must be treated 
equally and used concurrently at participating weighing points in accordance with this 
section.
4.  Operation of program.  The State Police shall operate the program at each location 
where commercial motor vehicle weight enforcement is conducted.  A preclearance system 
provider's devices and platform must be used uniformly at each location where the program 
is operated in accordance with subsection 6. 
5.  Program standards.  The State Police shall establish standards for the program in 
order to meet the needs of the State and conform with weighing point preclearance 
programs in other states, including standards regarding safety history and preclearance 
credential status.
6.  Preclearance system criteria and devices.  The preclearance system used by the 
program must meet the following criteria.
A.  The preclearance system must use global positioning system technology or 
infrastructure-based equipment and be able to be used at both fixed weighing point 
facilities and mobile or remote locations.
B.  The preclearance system must be a system that is broadly deployed across the 
United States for interstate operability purposes on the effective date of this section.
7.  Software and hardware.  Computer software and hardware that are necessary for 
the use of the preclearance system under subsection 6 must be made available at no cost to 
the State Police. The preclearance system provider is responsible for all costs of operating 
and maintaining the computer software and hardware. The computer software and 
hardware must meet the following criteria.
A.  The computer software and hardware must meet the requirements of the Federal 
Motor Carrier Safety Administration for compliance with the commercial motor 
vehicle information systems and networks electronic screening truck inspection and 
weighing point preclearance standards.
B.  Hardware installed in a commercial motor vehicle pursuant to the program must be 
operated in compliance with applicable state law and rules relating to hands-free 
devices and distracted driving.
C.  Program preclearance information must be transmitted and received by the 
commercial motor vehicle driver through electronic messaging within the cab of the 
commercial motor vehicle.
8.  Data access.  The State Police and the department, as applicable, have unrestricted 
access to data provided by the preclearance system under subsection 6 as part of the 
program, including real-time event data and real-time sensor data.
9.  Rules; consultation.  The State Police may adopt rules as necessary to implement 
the provisions of this section, including designating authorized devices that meet the 
requirements under subsection 7 for use in the program.  The State Police may consult with 
the department as necessary for the implementation of this section.  Rules adopted pursuant 
to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
SUMMARY
This bill establishes the Weighing Point Preclearance Program, which is operated by 
the Department of Public Safety, Bureau of State Police and which uses an electronic 
system that verifies a commercial motor vehicle's size, weight, registration and safety 
records as the commercial motor vehicle drives on a highway and allows compliant 
commercial motor vehicles to bypass weighing points.  The bill also provides that if the 
Department of Transportation administers a separate program that uses a preclearance 
system, the department must determine which weighing points must participate in that 
program, and all preclearance system providers' devices and platforms must be treated 
equally and used concurrently at participating weighing points.