An Act Regarding
Maine Legislature, Session 132, LD 1562
Committee Amendment CA_A_H579 (House)
Amends: 23 MRSA §3651

COMMITTEE AMENDMENT " A " to H.P, 1020, L.D. 1562, "An Act Regarding
Municipal Road Standards"
Amend the bill by striking out all of section 1 and inserting the following:
'See. 1. 23 MRSA §3651, as amended by PL 2019,c.128, §1,is further amended
to read;
§3651. Failure to provide safety and convenience
Highways, town ways and streets legally established shall must be opened and kept in
repair so as to be safe and convenient for travelers with motor vehicles based on existing
roadway surface and the season of the year. A municipal officer or county commissioner
responsible for maintenance and repair of a town wav must be notified by a resident in
writing of which wav is not safeja.nd convenient, Once notified, the municipal officer or
county commissioner may evaluate the risk to travelers based on existing roadway surface
and the season of the year and recommend a reasonably achievable repair. In default
thereof, thoso liable may bo indicted, oonviotod and a reasonable fine impOQod therefor If
a municipal officer or county commissioner unreasonably neglects to repair the defective
town wav in a reasonable amount of tune after receiving notice, a person who receives
5 bodily injury or suffers damage to the person's nropertv through any defect or want of repair
on any town wav may recover for the same in a civil action pursuant to section 3655.
1. Legal objects not defects. Trees, structures, utility poles and facilities and other
things that exist in accordance with municipal ordinances are not defects in a public way.
For the purposes of this subsection, "facilities" has the same meaning as in Title 35-A,
0 section 2502, subsection 3.'
Amend the bill by striking out all of section 2 and inserting the following:
'See. 2. 23 MK.SA §3652 is repealed and the following enacted m its place:
§3652. Notice^of defect; optional loca^ petitiQn
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT" f\"toH.P, 1020, L.D. 1562
1. IMunicipal board of appeals; authority to hear petition. The legislative body of
a municioalitv may appomt the municioal board of appeals established pursuant to Title
3 0-A, section 2691io receive a Betition ofa defective town wav to review.
2. Persons petitioning defective road. When a town liable to mamtain a^ town wav
unreasonably neglects to keep it in repair as provided in section 3651 after one of the
municipal officers has had 5 daYs' actuaLnotice or knowledge of the defective condition.
any 3 or more responsible persons, setting forth those facts, may petition the municipal
board of appeals that has been granted authority by the leeislative body pursuant to
subsection 1. The^mumcmalboaMofapjiealsshall^fi a time and place near the defective
town wav for a hearing on the petition and cause such notice of the hearing to be given to
the town and petitioners as the board of appeals may prescribe. At the time aDDointed. the
board of appeals shall inspect the town wav that is alleged to be out of repair and hear the
parties interested, and if the board of appeals adiudees the town wav to be unsafe and
inconvenient for travelers, motor vehicles, horses, teams and carriages. the board of appeals
shall prescribe what repairs must be made. fix the time in which the town must undertake
the repairs and eive notice of the repairs to the municipal officers. If the board of appeals
adjudges_the town_wav to be safe and conyenient based on existing roadwav surface and
the season of the year. the board of appeals shall dismiss the petition.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment does the following.
1. It requires a municipal officer or county commissioner responsible for maintenance
and repair of a town way to be notified by a resident in writing of a defect in the town way
that is not safe and convenient. The amendment specifies that safety is determined based
on existing roadway surface and the season of the year.
2. It allows the municipal officer or county commissioner, once notified, to evaluate
the risk based on existing roadway surface and the season of the year and recommend a
reasonably achievable repair.
3. It allows a person who receives bodily injury or suffers damage to the person's
property through any defect or want of repair on any town way to recover for the same in
a civil action.
4, It allows the legislative body of a municipality to appoint the municipal board of
appeals to receive a petition of a road defect to review.
5, It requires the municipal board of appeals to set a tune and place near the defective
town way for a hearing on the petition. If the board of appeals adjudges the town way to be
7 safe and convenient based on existing roadway surface and the season of the year, the board
of appeals must dismiss the petition.
COMMITTEE AMENDMENT