An Act to Estabhsh the We1ghmg Pomt Preclearance Program
Maine Legislature, Session 131, LD 1455
Committee Amendment CA_A_S424 (Senate)
Amends: 29-A MRSA §2366

COMMITTEE AMENDMENT" A" to S P 573, L D 1455, "An Act to Estabhsh the 
We1ghmg Pomt Preclearance Program" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 29-A MRSA §2366 1s enacted to read 
§2366. We1ghmg Pomt Preclearance Program 
The State Pohce shall establish the We1ghmg Pomt Preclearance Program, referred to 
m this sect10n as "the program," to provide a preclearance system capable of detenmnmg 
a commercial motor vehicle's size, weight, registlatlon and safety records as the 
commercial motor vehicle travels on a highway and allowmg compliant commercial motor 
velucles to bypass we1ghmg pomts 
DefimtJons. For purposes of this sect10n, unless the context otherwise md1cates, the 
followmg terms have the followmg meanmgs 
A "Preclearance system" means an electromc system that ve1 Ifies a commercial motor 
velucle's size, weight, reg1strat10n and safety records as the commercial motor vehicle 
travels on a highway and allows compliant commercial motor vehicles to bypass 
we1ghmg pomts 
B "State Pohce" means the Department of Pubhc Safety, Bureau of State Police 
C "We1ghmg pomt" means a state-owned station where commercial motor vehicles 
are reqmred to stop for weight and safety mspect1ons by the State Pohce 
2. Standards The program must be m accordance with the commercial motor vehicle 
mformat10n systems and networks electromc screenmg commercial vehicle mspection and 
we1ghmg pomt preclearance standards authorized by the Federal Motor Came1 Safety 
Admm1strat1on 
The State Pohce shall, m accordance with Title 5, chapter 155, select 
preclearance system providers to nnplement the program The State Pohce may remove 
from the program any preclearance system provider who fails to bomply with the 
requ1rements of this section The State Pohce may adopt rules as necessary to nnplement 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT •A" to SP 573, L D 1455 
the prov1S1ons of this sect10n The State Police may consult with the department and the 
Mame Turnpike Authonty as necessary m the 1mplementation of the p10gram 
Rules 
adopted pursuant to this subsect10n are routme techmcal rules as defined m Title 5, chapter 
375, subchapter 2-A 
3. Review. The State Police shall establish standards for the program m 01dei to meet 
the needs of the State The State Police shall establish a review process to be conducted 
every 5 years to evaluate any new preclearance system providers or technologies 
4. Report. Preclearance system providers, except those on the Mame Turnpike, shall 
provide a monthly report to the State Pohce on the number of commei cial vehicles that 
have bypassed each weighmg pomt that uses the preclearance system 
Sec. 2. We1ghmg Pomt Preclearance Program. 
The followmg provis10ns 
govern the Weighmg Pomt Preclearance Program established under the Mame Revised 
Statutes, Title 29-A, section 2366, referred to m this section as "the program" Any 
proposed mfrastructure to be mstalled withm the nght-of-way of a state highway as part of 
a preclearance system must be designed and constructed m accordance with standards 
estabhshed by the Department of Pubhc Safety and must be reviewed and approved by the 
Department of Pubhc Safety, the Department of Transportation and the Mame Turnpike 
Authonty, as applicable, puor to consti uct10n All costs associated with the design, 
mspection, mstallat10n, mamtenance, operation, modification, replacement and removal of 
a preclearance system 1s the respons1bihty of the preclearance system provider 
Any mfrastructure to be mstalled w1thm the nght-of-way on the Mame Turnpike as 
part of a preclearance system must be reviewed and approved by the Mame Turnpike 
Authonty The preclearance system provider must enter mto a 1 evocable license agreement 
with the Mame Turnpike Authonty pnor to construction A provider of a preclearance 
system w1thm the Mame Turnpike nght-of-way that allows the we1ghmg of commercial 
vehicles m motion must provide reports to the Mame Turnpike Authonty, ma fom1at and 
as frequently as the Mame Turnpike Authonty d1rects, showmg the number and 
classification of vehicles weighed by tlus method and the weights of each vehicle Each 
report must mclude all data recorded smce the time of the most recent pn01 report 
The State Pohce shall operate the program at designated locations where commercial 
motor vehicle weight and safety mspections are conducted A precleai ance system 
provider's devices and computer software and hardware must be used umformly at each 
location where the program 1s operated m accordance with subsection 4 
The preclearance systems used by the program must meet the followmg cntena 
A 
A preclearance system must use global pos1tionmg system technology or 
mfrastructure-based eqmpment and be able to be used at both fixed weighmg pomts 
and mobile or remote locat10ns 
B A preclearance system must be a system that is broadly deployed across the Umted 
States for mterstate operabihty purposes 
C A preclearance system must allow for the State Police to select commercial vehicles 
for manual mspect1on and visual venfication 
Computer software and hardware that are necessary for the use of the preclearance 
system must be made available at no cost to the State Pohce The preclearance system 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT A 
"to SP 573, L D 1455 
provider 1s responsible for all costs of operatmg and mamtammg the computer software 
and hardware The computer software and hardware must meet the followmg cntena 
A The computer software and hardwaie must meet the reqmrements of the Fedeial 
Motor Carner Safety Admm1stratlon for compliance with the commercial motor 
vehicle mf01mation systems and networks electi omc sci eenmg commercial vehicle 
mspection and we1ghmg pomt preclearance standards 
B 
Hardware mstalled m a commercial vehicle pursuant to the program must be 
operated m compliance with applicable state law and rules ielatmg to hands-free 
devices and distracted dnvmg 
C 
Program preclearance mformation must be transmitted and received by the 
commercial vehicle dnver through electromc messagmg w1thm the cab of the 
commercial vehicle 
D The computer software and hardware must meet applicable standards set by the 
Department of Admm1strattve and Fmancial Services, Office of Infonnat10n 
Technology 
The State Pohce and the Department of Pubhc Safety, as applicable, must have 
unrestricted access to data provided by the preclearance system as part of the program, 
mcludmg real-time event data, real-time sensor data and any iecorded data captmed by the 
preclearance system 
Recorded data captured by the preclearance system must be 
mamtamed by the preclearance system provider for at least 3 0 days from the date of 
recordmg 
The Mame Turnpike Authority must have access to this data for any weighmg pomts 
overseen by the authority 
By January 3, 2024, the State Pohce shall report on which preclearance system 
provider or p1 oviders are selected for the program and how the development of the pt ogram 
has progressed and mclude any proposed statutory changes to the Jomt Standmg 
Committee on Transportation The committee may rep011 out a bill related to the report to 
the Second Regular Session of the 131 st Legislature 
For the purposes of this sect10n, "preclearance system," "State Police" and "we1ghmg 
pomt" have the same meanmgs as m Title 29-A, subsect10n 1 ' 
Amend the bill by relettermg or 1enumbermg any nonconsecutive Part lettei 01 section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill and does the followmg 
It changes the defm1t1on m the bill of "weighmg pomt" to clanfy that we1ghmg pomts 
are state owned 
It adds language to clai ify that the W e1ghmg Pomt Preclearance Program must 
follow the current statutory procurement process for departments and agencies of State 
Government 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A' to SP 573, L D 1455 
It removes the reqmrement that the preclearance program must ahgn with other state 
precleaiance piograms It adds a review process to be conducted every 5 years to evaluate 
any new preclearance system providers or technologies 
It adds that any mfrastructure to be mstalled withm the right-of-way on the Mame 
Turnpike as part of a preclearance system must be reviewed and approved by the Mame 
Turnpike Authority The preclearance system provider must enter mto a revocable hcense 
agreement with the authority pnor to begmnmg any construct10n 
It adds that cost of modification, replacement 01 removal of a preclearance system 
must be covered by the preclearance system provider 
It adds 3 cntena to the criteria m the bill that the preclearance system must meet 
The preclearance system must allow for the Department of Public Safety, Bureau of State 
Pohce to select vehicles for manual mspect10n and visual verification Preclearance system 
providers, except those on the Mame Turnpike, must provide a monthly report of the 
number of commercial vehicles that have bypassed each weighmg pomt that uses the 
preclearance system For preclearance system withm the Mame Turnpike nght-of-way that 
allows the weighmg of vehicles m mot10n, the preclearance system must provide reports to 
the authority, ma format and as frequently as the authority directs, showmg the number 
and classification of vehicles weighed by this method and the weights of each vehicle, each 
report must mclude all data rec01 ded smce the tune of the most recent prior report 
It adds that all computer software and hardwaie must meet applicable standards set 
by the Department of Admmistrative and Fmancial Services, Office of Information 
Technology 
It adds that the Department of Pub he Safety and the Bm eau of State Pohce must 
have access to any recorded data captured by the preclearance system for at least 3 0 days 
from the date of recordmg and that the Mame Turnpike Authority must have access to this 
data for any weighmg pomts overseen by the authority 
It adds that the Bureau of State Police may remove from the program any 
preclearance system provider who fails to comply with the reqmrements of the program 
It adds that the Bureau of State Pohce is reqmred to report on the program to the 
Jomt Standmg Committee on Transportat10n by January 3, 2024 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised 06/15/23 ~ae.. 
LD 1455 
LR 845(02) 
An Act to Establish the We1ghmg Pomt Preclearance Program 
Fiscal Note for Bill as Amended by Committee Amendment J} [5-lfl_ tj'\ 
Committee: Transportation 
· ') 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor cost mcrease - Highway Fund 
Mmor cost mcrease - Mame Turnpike Auth011ty 
r1scal Detail and Notes 
/ 
Add1t10nal costs to the Department of Pubhc Safety to establish and adm1mster the program and provide a 1 eport can 
be absorbed w1thm ex1stmg budgeted resources 
' 
I 
I 
I 
Add1t10nal costs to the Department of Transportat10n and the Mame Turnpike Authonty to review and approve 
p1oposed mfrastructure withm the 11ght-of-way of a state highway can also be absorbed withm ex1stmg budgeted 
resources 
LR0845(02) - Fiscal Note - Page 1 of 1