‘An Act Regarding the Regulation of Tiny Homes’
| Session - 129th Maine Legislature
C "A", Filing Number S-429, Sponsored by
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding the Regulation of Tiny Homes’
Amend the bill by striking out everything after the title and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Secretary of State, industry and individuals have an urgent need to clarify the regulatory landscape so that tiny homes can be registered and titled and the industry may resume production; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §101, sub-§80-C is enacted to read:
"Tiny home" does not include a trailer, semitrailer, camp trailer, recreational vehicle or manufactured housing.
Sec. 2. 29-A MRSA §501, sub-§7, as amended by PL 2011, c. 556, §4, is further amended to read:
(1) Between the points of origin and destination and intermediate points, as set forth in the permit; or
(2) From the point of origin to the destination and back to the point of origin, including any intermediate points, as set forth in the permit.
Sec. 3. 29-A MRSA §603, sub-§1-A is enacted to read:
Sec. 4. 29-A MRSA §651, sub-§7 is enacted to read:
Sec. 5. 29-A MRSA §652, sub-§9-A is enacted to read:
Sec. 6. 29-A MRSA §654, sub-§6 is enacted to read:
Sec. 7. 29-A MRSA §667, sub-§7, as enacted by PL 2005, c. 678, §9 and affected by §13, is amended to read:
Sec. 8. 29-A MRSA §669, as enacted by PL 2005, c. 678, §10 and affected by §13, is amended to read:
§ 669. Cancellation of certificate of title to manufactured housing and tiny homes
Sec. 9. 29-A MRSA §705, sub-§5, as enacted by PL 2009, c. 435, §13, is amended to read:
Sec. 10. 29-A MRSA §708, as amended by PL 2013, c. 125, §4, is further amended to read:
§ 708. Manufactured housing or tiny home
This subchapter applies to perfection of security interests in manufactured housing or a tiny home that is not permanently affixed to real property that is owned by the owner of the manufactured housing or tiny home.
Sec. 11. 29-A MRSA §954, sub-§6, as enacted by PL 2019, c. 397, §15, is amended to read:
Fees for trailer transit licenses and plates are established in section 852. Trailer transit licenses are exempt from section 951, subsection 6.
For purposes of this subsection, "business" means a corporation, firm, partnership, joint venture, sole proprietorship or other commercial entity. For the purposes of this subsection, "modular home" has the same meaning as in Title 30-A, section 4358, subsection 1, paragraph A, subparagraph (2).
A person who violates this subsection commits a traffic infraction.
Sec. 12. 29-A MRSA §1902, sub-§4, as amended by PL 1999, c. 183, §5, is further amended to read:
(1) For the dispensing of cable from attached reels, commonly called a reel trailer; or
(2) To support the end of poles while being transported, commonly called a pole dolly; and
A dolly axle may not be considered in determining the gross weight or axle limits permitted on the vehicle.
A 2-axle or 3-axle farm truck equipped with a dolly axle is considered a 2-axle or 3-axle vehicle.
Sec. 13. 29-A MRSA §1905, sub-§1, as amended by PL 2005, c. 314, §10, is further amended to read:
Sec. 14. 29-A MRSA §1905-A, sub-§1, as enacted by PL 1995, c. 584, Pt. A, §2, is amended to read:
Sec. 15. 29-A MRSA §1905-B, sub-§1, as enacted by PL 2015, c. 176, §2, is amended to read:
Sec. 16. 29-A MRSA §1917, sub-§2, as amended by PL 2013, c. 30, §1, is further amended to read:
Sec. 17. 29-A MRSA §2061, sub-§1, as amended by PL 2015, c. 176, §4, is further amended to read:
Sec. 18. 29-A MRSA §2385, sub-§4, as amended by PL 1999, c. 468, §4, is further amended to read:
Sec. 19. 29-A MRSA §2389, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 20. 29-A MRSA §2390, sub-§1, as amended by PL 2017, c. 165, §10 and c. 229, §34, is further amended by amending the first paragraph to read:
The overall length of the combination of truck tractor and trailer or semitrailer in this paragraph may not exceed 69 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle, including any rear overhang.
The interaxle distance and overall combination vehicle length maximum limits required by this paragraph do not apply on the Interstate Highway System and those qualifying federal aid primary system highways designated by the Secretary of the United States Department of Transportation, pursuant to the United States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 411.
(1) The wheelbase of the semitrailer, measured as the distance from the kingpin to the center of the rearmost axle of the semitrailer, may not exceed 43 feet.
(2) The kingpin setback of the semitrailer, measured as the distance from the kingpin to the front of the semitrailer, may not exceed 3 1/2 feet in length.
(3) The rear overhang of the semitrailer, measured as the distance from the center of the rear tandem axles of the semitrailer to the rear of the semitrailer, may not exceed 35% of the wheelbase of the semitrailer.
(4) The semitrailer must be equipped with a rear underride guard that is of sufficient strength to prevent a motor vehicle from penetrating underneath the semitrailer, extends across the rear of the semitrailer to within an average distance of 4 inches of the lateral extremities of the semitrailer, exclusive of safety bumper appurtenances, and is placed at a height not exceeding 22 inches from the surface of the ground as measured when the semitrailer is empty and is on a level surface.
(5) The semitrailer must be equipped with vehicle lights that comply with or exceed federal standards and reflective material approved by the Commissioner of Transportation that must be located on the semitrailer in a manner prescribed by the commissioner. The semitrailer must display a conspicuous warning on the rear of the semitrailer indicating that the vehicle combination has a wide turning radius.
(8) Except as provided in subparagraph (10), the overall length of the truck tractor and semitrailer combination of vehicles traveling beyond the national network may not exceed 74 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle. For the purposes of this subparagraph, "national network" means those highways in the State identified under 23 Code of Federal Regulations, Appendix A to Part 658.
(9) Notwithstanding section 2380, the width of the semitrailer must be 102 inches, except that the width of the rear safety bumper and appurtenances to the safety bumper may not exceed 103 inches and except that the width of a flatbed or lowboy semitrailer, measured as the distance between the outer surface edges of the semitrailer's tires, must be at least 96 inches but no more than 102 inches.
(10) For vehicles whose overall length exceeds 74 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle, access is permitted to service facilities or terminals within one mile of the national network. For purposes of this subparagraph, "national network" means those highways in the State identified under 23 Code of Federal Regulations, Appendix A to Part 658.
(12) This vehicle combination may not transport cargo that has been prohibited for this vehicle combination by the Commissioner of Transportation.
(13) This paragraph does not apply to a trailer or semitrailer when transporting or returning empty from transporting a nondivisible load or object under the provisions of an overlimit permit granted by section 2382.
Nothing in this paragraph limits the authority of the department under Title 23, section 52 to adopt rules prohibiting or limiting access by semitrailers or other vehicles to a highway or portion of a highway or other segment of the transportation infrastructure in order to ensure public safety.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
This amendment replaces the bill, which is a concept draft, and changes the title. The amendment also does the following.
1. It defines "tiny home."
2. It amends the use of temporary registration permit provisions to allow transportation of a vehicle after sale, transportation necessary for service or repairs of a vehicle, occasional seasonal relocation of a vehicle or transportation necessary for the relocation of a tiny home.
3. It provides that a temporary registration permit may not be issued for a vehicle that is otherwise subject to registration.
4. It establishes a $100 fee for the certificate of title of a tiny home or manufactured housing.
5. It provides a process to apply for, issue and cancel certificates of title for tiny homes.
6. It requires that tiny homes be equipped with safe tires and meet the equipment requirements applicable to trailers.
7. It adds an emergency preamble and clause.
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