LD 362
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LD 362 Title Page An Act to Allow Municipalities to Set Speed Limits and Determine Whether Passin... Page 2 of 3
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LR 643
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 29-A MRSA §2073, as enacted by PL 1993, c. 683, Pt. A, §2
and affected by Pt. B, §5, is amended to read:

 
§2073. State authority to regulate speeds

 
1. Authority to regulate. Except as provided in section
2075, subsection 2 and notwithstanding section 2074, subsection
1, the Commissioner of Transportation, with the approval of the
Chief of the State Police, may on those portions of a public way
not located in a municipality:

 
A. Restrict the maximum rate of speed on a public way where
a speed limit will minimize the danger of accident, promote
the free flow of traffic, conserve motor fuel or respond to
changes in federal laws;

 
B. Increase the maximum rate of speed on a public way where
higher speeds are warranted to promote the normal and
reasonable movement of traffic; or

 
C. Make an adjustment of maximum rates of speed. An
adjustment under this paragraph is exempt from the
provisions of the Maine Administrative Procedure Act.

 
The commissioner may set minimum and maximum speeds for
those sections of the interstate system located in a
municipality. The commissioner may not set maximums that
exceed 60 miles per hour or, on the interstate system or
other divided controlled-access highways, 65 miles per hour.

 
The commissioner may not set maximums for the Maine
Turnpike.

 
2. Municipal request. If a municipal request to the
Department of Transportation to change a speed limit is denied,
the municipality may request the department to hold a public
hearing within the municipality to provide the department with
the views of the public on the requested speed limit change. The
department shall:

 
A. Hold the hearing within 30 days of the request; and

 
B. Inform the municipality of a final decision on the
requested speed limit change within 30 days after the
hearing.

 
3. Prohibition. A person may not operate a vehicle in excess
of maximum speeds fixed pursuant to this section, as long


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