Resolve, to Allow the Maine Turnpike Authority to Conduct a Pilot
Maine Legislature, Session 132, LD 1457
Committee: Transportation
Sponsors: FARRIN, CRAFTS

Legislative Document
No. 1457
S.P. 598
In Senate, April 3, 2025
Resolve, to Allow the Maine Turnpike Authority to Conduct a Pilot 
Program to Implement Automated Speed Control Systems in 
Highway Work Zones
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 CRAFTS of Newcastle and
Senator: PIERCE of Cumberland, Representatives: ALBERT of Madawaska, MASON of 
Lisbon, RAY of Lincolnville.
Sec. 1. Maine Turnpike Authority authorized to conduct pilot program to 
implement automated speed control systems in highway work zones. Resolved: 
That the Maine Turnpike Authority, in conjunction with the Department of Transportation 
and the Department of Public Safety, may establish a pilot program to operate work zone 
speed control systems in a highway work zone.
Sec. 2. Definitions. Resolved: That, as used in this resolve, unless the context 
otherwise indicates, the following terms have the following meanings.
1. "Authority" means the Maine Turnpike Authority under the Maine Revised Statutes, 
Title 23, chapter 24.
2. "Director" means the executive director of the authority appointed under the Maine 
Revised Statutes, Title 23, section 1964-A, subsection 8.
3. "Highway work zone" means an active construction work area denoted by roadway 
construction signs with workers present.
4. "Limited access state highway" means a controlled access highway as defined in the 
Maine Revised Statutes, Title 23, section 301.
5. "Operator" means an operator of a system who is a person trained and certified to 
operate a system.
6. "Personally identifiable information" means information created or maintained by 
the authority or a vendor that identifies or describes an owner of a motor vehicle and 
includes the owner's address, telephone number, license plate number, photograph, bank 
account information, credit card number or debit card number or the date, time, location or 
direction of the owner's travel on a limited access state highway.
7. "Pilot program" means the pilot program established pursuant to this resolve.
8. "System" means a work zone speed control system, which is a device having one or 
more motor vehicle sensors connected to a camera system capable of producing a recorded 
image of a license plate and type of motor vehicle that indicates the date, time and location 
of the image of the motor vehicle allegedly operating in violation of section 4.
9. "Vendor" means a person selected by the authority:
A. To provide services to the authority under this resolve;
B. That operates, maintains, leases or licenses a system; or
C. That is authorized to review and assemble the recorded images captured by a system.
Sec. 3. Program requirements. Resolved: That the pilot program has the 
following requirements.
1. The pilot program must operate a system at up to 3 locations in the State at any one 
time. A system may be used to record images of license plates of motor vehicles traveling 
on a limited access state highway within a highway work zone in which the speed limit, 
established using generally accepted traffic engineering practices, is 45 miles per hour or 
greater.
2. A system may be used if:
A. The system is operated by an operator;
B. In accordance with a manual of uniform traffic control devices approved and revised 
by the authority, at least 2 conspicuous road signs are placed at a reasonable distance 
in advance of a highway work zone notifying drivers that a system may be in operation;
C. At least one sign in paragraph B indicates that the system is operational or is not 
operational;
D. An appropriate sign is conspicuously placed at the end of the highway work zone 
with a system that is operational; and
E. A notice identifying the location of a system is available on the authority's publicly 
accessible website.
3. A system may be used only to record images of motor vehicles that are exceeding 
the posted highway work zone speed limit by 11 miles per hour or more in violation of the 
provisions of section 4. Any recorded images collected as part of a system may not be used 
for any surveillance purpose. The authority or operator shall certify to the Department of 
Public Safety when a system is operational.
4. The director may:
A. Enter into an agreement with a vendor for the design, operation or maintenance, or 
any combination thereof, of systems; and
B. Retain and employ a consultant or assistant on a contract or other basis for rendering 
legal, financial, professional, technical or other assistance and advice necessary for the 
design, operation and maintenance of a system. If a vendor provides, deploys or 
operates a system, the vendor's fee may not be contingent on the number of violations 
issued or fines paid pursuant to the provisions of section 4.
5. The pilot program must commence on or before January 1, 2026 and terminate on 
December 31, 2028.
Sec. 4. Penalties for exceeding speed limit in highway work zone detected 
by system. Resolved: That the owner of a motor vehicle that exceeds the posted speed 
limit by 11 or more miles per hour, as detected by a system, within a highway work zone 
where a system is operational is in violation of this section. A penalty imposed by this 
section is equivalent to a penalty imposed for a violation of the Maine Revised Statutes, 
Title 29-A, section 2075, subsection 2.
1. The owner of a motor vehicle identified by a system as violating this section:
A. For a first violation, must receive a written warning; and
B. For a 2nd or subsequent violation, is liable for a penalty pursuant to the procedures 
of the Maine Rules of Civil Procedure, Rule 80F. A notice of violation under section 7 
satisfies the requirement for commencement of proceedings and a violation summons 
and complaint under Rule 80F(b).
2. The owner under subsection 1 is liable for a fine imposed under subsection 1 unless 
the driver of the motor vehicle received a citation from a law enforcement officer at the 
time of the violation.
3. A violation of this section:
A. Is not subject to demerit points under the Maine Revised Statutes, Title 29-A, section 
2458, subsection 3;
B. May not be used for merit rating for insurance purposes; and
C. Does not authorize the imposition of surcharge points in the provision of motor 
vehicle insurance coverage.
Sec. 5. Review of recorded images. Resolved: That whenever a system detects 
and produces a recorded image of a motor vehicle allegedly committing a violation of 
section 4, a sworn member or authorized member of the Department of Public Safety shall 
review the recorded image. If, after review, the member determines that there are 
reasonable grounds to believe that a violation has occurred, the member may issue a notice 
of violation for the alleged violation. The notice of violation must be sworn or affirmed by 
the member and is prima facie evidence of the facts contained in the notice. The notice of 
violation must include written verification that the system was operating correctly at the 
time of the alleged violation and specify the date of the most recent inspection that confirms 
the system to be operating properly.
Sec. 6. Operator training and duties; system calibration.  Resolved: That:
1. An operator shall complete training offered by the manufacturer of a system or the 
manufacturer's representative in the procedures for setting up, testing and operating the 
system, including training on any device critical to the operation of the system. Upon 
completion of the training, the manufacturer or manufacturer's representative shall issue a 
signed certificate to the operator. The signed certificate must be admitted as evidence in 
any court proceeding for an alleged violation of section 4;
2. An operator shall complete and sign a daily log for a system. The daily log must:
A. State the date, time and location of the system's setup;
B. State that the operator successfully performed and the system passed the testing 
specified by the manufacturer of the system;
C. Be kept on file at the principal office of the operator; and 
D. Be admitted in any court proceeding for an alleged violation of section 4; and
3. A system must undergo an annual calibration check performed at a calibration 
laboratory. The calibration laboratory shall issue a signed certificate of calibration after the 
annual calibration check. The signed certificate of calibration must be kept on file and 
admitted as evidence in any court proceeding for an alleged violation of section 4.
Sec. 7. Notice of violation. Resolved: That:
1. The notice of violation for an alleged violation of section 4 must include:
A. A copy of the recorded image showing the motor vehicle with the motor vehicle's 
license plate visible;
B. The registration number and state of issuance of the motor vehicle registration;
C. Verification that the system was operating correctly at the time of the alleged 
violation and the date of the most recent calibration check under section 6, subsection 
3; and
D. The date, time and location of the alleged violation;
2. For an alleged violation of section 4 involving a motor vehicle registered in the State, 
the notice of violation must be mailed not later than 30 days after the commission of the 
alleged violation or after the identity of the owner of the motor vehicle is ascertained, 
whichever is later, to the address of the owner that is in the records of the Department of 
the Secretary of State, Bureau of Motor Vehicles;
3. For an alleged violation of section 4 involving a motor vehicle registered in another 
jurisdiction, the notice of the violation must be mailed no later than 30 days after the 
identity of the owner of the motor vehicle is ascertained to the address of the owner that is 
in the records of the official in the other jurisdiction issuing the registration;
4. The notice of violation for an alleged violation of section 4 is invalid unless the 
notice is mailed to the owner of the motor vehicle no later than 90 days after the alleged 
violation of section 4; and
5. The notice of violation for an alleged violation of section 4 must be sent by first-
class mail. A manual or automatic record of mailing prepared by the operator in the 
ordinary course of business is prima facie evidence of mailing and is admissible in any 
court proceeding as to the facts contained in the notice.
Sec. 8. Defenses. Resolved: That the following defenses are available to the owner 
of a motor vehicle identified by a system as allegedly violating section 4:
1. The violation took place during a period of time in which the motor vehicle had been 
reported to a law enforcement unit as being stolen, as described in the Maine Revised 
Statutes, Title 17-A, section 360, subsection 1, paragraph A, and had not been recovered 
prior to the time of the violation; or
2. The system was not in compliance with the provisions of section 6 relating to tests 
for accuracy, certification or calibration.
A motor vehicle owner who receives a notice of violation under section 7 must follow 
the procedures set forth in the Maine Rules of Civil Procedure, Rule 80F.
Sec. 9. Information to authority and vendor. Resolved: That the Department 
of the Secretary of State, Bureau of Motor Vehicles shall provide the authority and any 
vendor with information regarding the owner of a motor vehicle identified by a system as 
allegedly violating the provisions of section 4. The information must include the make and 
license plate number of the motor vehicle and the name and address of the owner of the 
motor vehicle.
Sec. 10. Motor vehicle registration when penalty for exceeding speed limit 
in highway work zone detected by system is unpaid. Resolved: If a motor vehicle 
owner does not pay the fine imposed for a violation of section 4 or the owner is found guilty 
at a trial for the commission of the violation, the Department of the Secretary of State, 
Bureau of Motor Vehicles may suspend the registration or refuse to register the motor 
vehicle involved in the violation.
Sec. 11. Personally identifiable information. Resolved: That:
1. Personally identifiable information may not be sold or disclosed by the authority or 
a vendor to any person or entity except when the disclosure is made:
A. In connection with the charging, collection and enforcement of the fines imposed 
pursuant to section 4;
B. Pursuant to a judicial order, including a search warrant or subpoena, in a criminal 
proceeding; or
C. To comply with federal or state laws, rules or regulations;
2. Personally identifiable information may not be stored or retained by the authority or 
a vendor unless such information is necessary for the collection and enforcement of the 
fines imposed pursuant to section 4;
3. The authority or a vendor may disclose aggregate information and other data 
gathered from a system that does not directly or indirectly identify an owner of a motor 
vehicle or a motor vehicle for research purposes authorized by the director;
4. Except as otherwise provided by law or in connection with an administrative 
summons or judicial order, including a search warrant or subpoena, in a criminal 
proceeding, the authority or a vendor shall destroy personally identifiable information and 
other data that specifically identifies an owner of a motor vehicle or a motor vehicle and 
relates to a violation of section 4 no later than one year after any fine is imposed or the 
resolution of a trial conducted for the alleged commission of the violation; and
5. Personally identifiable information is not a public record under the Maine Revised 
Statutes, Title 1, section 402, subsection 3.
Sec. 12. Rules. Resolved: That the director shall adopt rules to carry out the purposes 
of this resolve, including rules that establish the criteria that must be met before a system 
may be operated in a highway work zone. Rules adopted pursuant to this section are routine 
technical rules under the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 13. Report. Resolved: That, by November 1, 2028, the director shall submit a 
report evaluating the pilot program along with any recommended legislation to the joint 
standing committee of the Legislature having jurisdiction over transportation matters, 
which may report out legislation to the 134th Legislature in 2029.
SUMMARY
This resolve authorizes the Maine Turnpike Authority to conduct a pilot program to 
implement up to 3 automated speed control systems at a time in highway work zones on 
limited access highways in the State for 3 years. The system produces an image of a motor 
vehicle exceeding the posted speed limit by 11 miles an hour or more in the highway work 
zone, including the motor vehicle's license plate number, and a notice of violation is sent 
to the owner of the motor vehicle, who is subject to a warning for a first offense and a fine 
for a 2nd or subsequent offense. The system is maintained by an operator who is responsible 
for calibrating the system and certifying that the system is in proper working order. 
Personally identifiable information of motor vehicle owners and motor vehicles captured 
by the system is confidential and not a public record under the Freedom of Access Act.