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PUBLIC LAWS OF MAINE
Second Regular Session of the 118th

CHAPTER 653

S.P. 753 - L.D. 2031

An Act to Amend the Motor Vehicle Laws

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

     Sec. 1. 25 MRSA §2103-A, first ¶, as amended by PL 1989, c. 754, Pt. C, §1, is further amended to read:

     The Commissioner of Public Safety shall adopt state rules to adopt by reference the federal regulations as found in 49 Code of Federal Regulations, Parts l07, l7l, l72, l73, l74, l77, l78, l79, 180, 387 and 397, as amended, and subsequently shall adopt state rules to adopt by reference every subsequent amendment to those federal regulations. Except as provided in this section, the Maine Administrative Procedure Act, Title 5, chapter 375, does not apply to those adoptions.

     Sec. 2. 29-A MRSA §101, sub-§3, ¶¶C and D, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:

     Sec. 3. 29-A MRSA §101, sub-§3, ¶E is enacted to read:

     Sec. 4. 29-A MRSA §101, sub-§41-A is enacted to read:

     41-A. Motorized wheelchair. "Motorized wheelchair" means a battery-powered device used exclusively for the transportation of an individual with a physical disability.

     Sec. 5. 29-A MRSA §105, sub-§4, as amended by PL 1997, c. 437, §4, is further amended to read:

     4. Violation. A person is guilty of a Class E crime if that a law enforcement officer has probable cause to believe the person, while operating a vehicle in violation of violated or is violating this Title, and the person fails or refuses upon request to give that the person's correct name, address or date of birth to a law enforcement officer.

     Sec. 6. 29-A MRSA §555, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended by amending the first paragraph to read:

     2. Adoption of federal regulations. The bureau may adopt rules to incorporate by reference federal regulations in 49 Code of Federal Regulations, Parts 40, 382, 390, 391, 392, 393, 395 and 396, as amended, and may adopt amendments to those federal regulations. The following provisions apply to the adoption of federal regulations under this section.

     Sec. 7. 29-A MRSA §2051, sub-§2, ¶A, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

     Sec. 8. 29-A MRSA §2051, sub-§3, ¶B, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

     Sec. 9. 29-A MRSA §2067, sub-§2, as amended by PL 1997, c. 115, §1, is further amended to read:

     2. Dimming. When a vehicle equipped with multiple-beam road lights approaches an oncoming vehicle within 500 feet or follows a vehicle within 300 feet, the operator shall dim the headlights or switch to a low beam and shall turn off a fog or auxiliary light allowed by section 2054, subsection 2, paragraph E, unless the fog light or auxiliary light was installed by the vehicle manufacturer at the time the vehicle was originally manufactured.

     Sec. 10. 29-A MRSA §2068, sub-§1, ¶B-1 is enacted to read:

     Sec. 11. 29-A MRSA §2070, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

     1. Passing on left. An operator of a vehicle passing another vehicle proceeding in the same direction must pass to the left at a safe distance and may not return to the right until safely clear of the passed vehicle. An operator may not overtake another vehicle by driving off the pavement or main traveled portion of the way.

     Sec. 12. 29-A MRSA §2601, sub-§10, as enacted by PL 1993, c. 683, Pt. A, §2, and affected by Pt. B, §5, is amended to read:

     10. Refusal to sign. A person who refuses to sign a Uniform Summons and Complaint or a Violation Summons and Complaint after having been ordered to do so by a law enforcement officer commits a Class E crime. A law enforcement officer may not order a person to sign the Uniform Summons and Complaint for a civil violation unless the civil violation is an offense defined in Title 12; Title 28-A, section 2052; or this Title. Notwithstanding any other provision of law, the venue for a violation of this subsection is the same judicial division as for the Uniform Summons and Complaint or Violation Summons and Complaint that the person refuses to sign.

Effective June 30, 1998, unless otherwise indicated.

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