Sec. Q-1. 29-A MRSA §254, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
§254. Rented vehicles; records
1. Owner of vehicle to keep record. A person engaged in the business of renting motor vehicles with or without a driver, other than as a transaction involving the sale of the vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented, including a record of the driver's license of the person to whom the vehicle is rented and the exact time the vehicle is subject to that rental or in the person's possession. A person who violates this subsection commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
2. Records open to inspection. Records kept pursuant to subsection 1 must be open to A person required to maintain records pursuant to subsection 1 shall allow inspection of those records by any law enforcement officer. A person who violates this subsection commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
3. Offense. A person commits a Class E crime if that person fails to maintain, possess or permit an inspection of the record required by subsection 1.
4. Form. If the Secretary of State prescribes a form for the keeping of the record required in subsection 1, the owner must shall use that form. The form must be carried in the vehicle during the period of lease or hire.
Sec. Q-2. 29-A MRSA §452, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Proper display. Registration plates must always be properly displayed. The plates, including the numbers, letters and words, must always be plainly visible and legible.
Sec. Q-3. 29-A MRSA §452, sub-§4 is enacted to read:
4. Plainly visible and legible. Registration plates, including the numbers, letters and words, must always be plainly visible and legible.
Sec. Q-4. 29-A MRSA §462, sub-§10, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
10. Prohibition. A person issued temporary registration plates may not:
A. Attach a plate to a vehicle that the person did not sell, lease or transfer; or
B. Provide the plates to another person other than by attachment to a vehicle as authorized by this section.
A person who violates this subsection commits a traffic infraction.
Sec. Q-5. 29-A MRSA §462, sub-§11 is enacted to read:
11. Records. A person issued temporary registration plates by the Secretary of State shall maintain a written record of the use or disposal of every plate. The record must be available for inspection by the Secretary of State at the person's place of business. A person who violates this subsection commits a traffic infraction.
Sec. Q-6. 29-A MRSA §505, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
5. Violation. A person fraudulently obtaining or using a farm truck registration for a purpose other than authorized by this section commits a traffic infraction with a penalty of not less than $100 nor more than $500. if that person:
A. Fraudulently obtains a farm truck registration; or
B. Uses a farm truck registration for a purpose other than authorized by this section.
Sec. Q-7. 29-A MRSA §525, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
9. Violation. The following penalties apply to violations of this section.
A. Except as provided in paragraph B, a person who violates this section commits a Class E crime.
B. A person who displays or causes or permits to be displayed a false decal or permit or a decal or permit issued to another person commits a Class D crime.
An owner or operator stopped for violating this section and against whom enforcement action has been taken does not commit a subsequent violation of this section involving the same vehicle until after the close of business on the next business day following the date of the violation.
The court shall impose a fine of at least $250, which may not be suspended.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-8. 29-A MRSA §532, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
9. Penalty. The following penalties apply to violations of this section.
A. Notwithstanding any other provisions of this Title, a person who fails to comply with the registration requirements of the plan commits a traffic infraction. The minimum fine for this violation is $500. The Secretary of State shall notify the registrant's base jurisdiction of the violation.
B. A person who presents altered credentials commits a Class E crime. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-9. 29-A MRSA §558, sub-§1, as repealed and replaced by PL 1995, c. 625, Pt. A, §32, is repealed.
Sec. Q-10. 29-A MRSA §558, sub-§1-B is enacted to read:
1-B. Violation. The following penalties apply to violations of this subchapter.
A. Except as provided in paragraph C, a person who violates this subchapter or a rule adopted pursuant to this subchapter commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. Except as provided in paragraph C, a person who knowingly permits a violation of this subchapter or a rule adopted pursuant to this subchapter commits a Class E crime.
C. A person commits a Class C crime if:
(1) The person acts knowingly or intentionally;
(2) The violation in fact causes either death or serious bodily injury, as defined in Title 17-A, section 2, to a person whose health or safety is protected by the provision violated; and
(3) The death or injury is a reasonably foreseeable consequence of the violation.
Sec. Q-11. 29-A MRSA §1002, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Limitations on use. A person using a dealer plate may not operate or permit to be operated a vehicle owned or controlled by a manufacturer or dealer except for:
A. Purposes directly connected with the business of buying, selling, testing, adjusting, servicing, demonstrating or exchanging the vehicle, including use of that vehicle by a full-time employee to attend schools and seminars designed to assist the employee in the testing, adjusting or servicing of vehicles;
B. Personal use by a manufacturer or dealer. There may be no more than one dealer plate for the personal use of the manufacturer or dealer and one dealer plate for the personal use of the immediate family of the dealer;
C. Use of the vehicle in a funeral or public parade when no charge is made for that use;
D. Use by a full-time sales representative, general manager, sales manager or service manager who is on the dealer's payroll but not in the dealer's immediate family or members of that person's household;
E. Use by customers for not more than 7 days to demonstrate the vehicle; or
F. Use by the manufacturer or dealer when the combined weight of the vehicle and the load does not exceed 10,000 pounds unless the vehicle, by design, exceeds 10,000 pounds without a load.
Sec. Q-12. 29-A MRSA §1002, sub-§1-A is enacted to read:
1-A. Limitation on use. A person using a dealer plate may not permit a vehicle owned or controlled by a manufacturer or dealer to be operated except for the purposes authorized under subsection 1.
Sec. Q-13. 29-A MRSA §1002, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Penalty. A violation of subsection 1 or subsection 1-A is a traffic infraction for which a minimum penalty of $200 must be adjudged for each infraction. That penalty may not be suspended.
Sec. Q-14. 29-A MRSA §1002, sub-§10, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
10. Loss of dealer plate. Upon the loss of a dealer plate, the dealer immediately shall notify the Secretary of State. If a dealer has written authorization from the Secretary of State, a dealer may use a temporary number plate bearing the registration number issued to that dealer.
Sec. Q-15. 29-A MRSA §1002, sub-§11 is enacted to read:
11. Temporary dealer plate. If a dealer has written authorization from the Secretary of State, a dealer may use a temporary number plate bearing the registration number issued to that dealer.
Sec. Q-16. 29-A MRSA §1004, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Issuance of transit placard. The Secretary of State may issue a transit placard upon application by any person involved in the business of importing new motor vehicles. The transit placard is to be used to facilitate the movement over the highway of the motor vehicles from the port of entry to a storage yard within a 10-mile radius of the port.
2. Required use of transit placard. A transit placard must be displayed in or on any unregistered motor vehicle that is being operated or towed from the port to a storage yard.
3. Prohibited use of transit placard. A transit placard may not be used:
A. On a towing vehicle; or
B. For any purpose other than that permitted under this section.
4. Expiration. Transit placards expire at the end of the month one year from the month of issue.
5. Fee. The fee for a transit license is $100 annually and the fee for each placard is $10. Government and quasi-government agencies may not be assessed a fee.
Sec. Q-17. 29-A MRSA §1251, sub-§1, as amended by PL 2001, c. 687, §13, is repealed and the following enacted in its place:
1. Violation. Except as provided in section 510, subsection 1, a person commits an offense of operating a motor vehicle without a license if that person operates a motor vehicle on a public way or parking area:
A. Without being licensed. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A;
B. In violation of a condition or restriction on the license. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A;
C. Without a license issued by this State if a resident of this State for more than 30 days but fewer than 90 days. Violation of this paragraph is a traffic infraction; or
D. Without a license issued by this State if a resident of this State for more than 90 days. Violation of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-18. 29-A MRSA §1251, sub-§2, as amended by PL 1995, c. 584, Pt. B, §6, is repealed.
Sec. Q-19. 29-A MRSA §1903, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
§1903. Adequate signaling device; use
1. Signaling device required. A person may not operate a motor vehicle without a suitable and adequate horn or other device for signaling.
2. Unnecessarily sounded. A person may not unnecessarily sound a signaling device or horn.
Sec. Q-20. 29-A MRSA §1904, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. General rules; headlights. A person may not operate a motor vehicle that does not meet the following requirements concerning headlights.
A. A motor vehicle must be equipped with headlights.
B. Headlights must be of sufficient power and so adjusted and operated as to enable the operator to proceed with safety under all ordinary conditions of highway and weather.
Sec. Q-21. 29-A MRSA §1904, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
4. Number of headlights. The following rules apply regarding the mounting of headlights.
A. A motor vehicle must have mounted on the front at least 2 headlights, one on each side.
B. A motorcycle or motor-driven cycle must have one mounted headlight.
Sec. Q-22. 29-A MRSA §1906, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Requirements for vehicle 7 feet or more in width. A vehicle 7 feet or more in width must have a green or amber light attached to the extreme left of the front, adjusted to indicate the extreme left lateral extension of the vehicle or load and at least one red light on the extreme left lateral extension of the vehicle or load on the rear.
2. Requirements for closed body vehicle 8 feet or more in height. A vehicle with a closed body 8 feet or more in height must display 2 green or amber lights attached to the extreme left of the front of its body, one at the top and the other at the bottom. The vehicle must also display at least one red light on the extreme upper left lateral extension of its body.
3. Visibility. Body width lights and height lights must be visible not less than 200 feet in the direction towards which the vehicle is proceeding or facing.
4. Reflector alternative. In place of body width lights and height lights, a vehicle may be equipped with an adequate reflector conforming as to color and location to the requirements for the light.
5. Application. This section does not apply to unregistered farm tractors.
Sec. Q-23. 29-A MRSA §1912, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
5. Exception; racing meets. Notwithstanding subsection 2, an owner or operator of a motor vehicle used occasionally in racing meets may obtain a permit from the Secretary of State for installing a cutout, bypass or similar device on the exhaust system of that motor vehicle pursuant to this subsection.
A. The cutout, bypass or similar modification must be kept closed and inoperative while the vehicle is on a public way.
B. The permit must be in the vehicle at all times while on a public way.
C. The Secretary of State shall determine the eligibility of all applicants for a permit.
D. The permit fee is $1 for the registration year.
Sec. Q-24. 29-A MRSA §1919, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Prohibited May 1st to October 1st. Except as provided in subsections 2 and 3, from the first day of May to the first day of October, a person may not operate a vehicle with tires having metal studs, wires, spikes or other metal protruding from the tire tread.
2. Extension of use period and issuance of permit. Extended use of studded tires may be permitted according to this subsection.
A. A person may use studded tires for periods other than those specified in subsection 1, if the Commissioner of Transportation extends the use period or, in a special case, issues a permit covering stated periods of time for the use of studded tires. The fee for a permit may not be less than $3 and not more than $15, as determined by the commissioner.
B. A person issued a permit under paragraph A must carry the permit in an easily accessible place in or about the vehicle.
3. Application. Subsection 1 does not apply to fire department vehicles or school buses during the months school is in regular session.
Sec. Q-25. 29-A MRSA §1952, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Carry flares. A Except as provided in subsection 1-A, a truck or truck tractor with a registration for operation with gross vehicle weight in excess of 10,000 pounds must be equipped with 2 red flags, 3 flares and 3 red lanterns or red emergency reflectors. A vehicle transporting inflammable liquids or gas in bulk may not carry flares.
Sec. Q-26. 29-A MRSA §1952, sub-§1-A is enacted to read:
1-A. Flares prohibited. A vehicle transporting inflammable liquids or gas in bulk may not carry flares.
Sec. Q-27. 29-A MRSA §2051, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Single lane. A vehicle must be operated as nearly as practical entirely within a single lane. A vehicle may not be moved from a lane until the operator has first ascertained that the movement can be made with safety.
Sec. Q-28. 29-A MRSA §2051, sub-§1-A is enacted to read:
1-A. Movement from lane. A vehicle may not be moved from a lane until the operator has first ascertained that the movement can be made with safety.
Sec. Q-29. 29-A MRSA §2052, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Crossing. An operator may not drive a vehicle over, across or within a divider, or an opening or crossover of a divider. An operator may not disobey the restrictions on official signs at an opening or crossover of a divider.
Sec. Q-30. 29-A MRSA §2052, sub-§3-A is enacted to read:
3-A. Divider sign restrictions. An operator may not disobey the restrictions on official signs at an opening or crossover of a divider.
Sec. Q-31. 29-A MRSA §2052, sub-§5, as amended by PL 2001, c. 360, §4, is repealed and the following enacted in its place:
5. Limiting use. The Department of Transportation or a municipality, with respect to a way under that authority's jurisdiction, may prohibit the use of a way by:
A. Pedestrians; or
B. Bicycles or other nonmotorized traffic, scooters, motorized bicycles or tricycles, or motor-driven cycles.
Sec. Q-32. 29-A MRSA §2052, sub-§5-A is enacted to read:
5-A. Limiting use sign restrictions. On limiting the use of a way, the authority shall erect and maintain official signs stating the prohibition. A person may not disobey the restrictions stated on those signs.
Sec. Q-33. 29-A MRSA §2053, sub-§6, as amended by PL 1999, c. 183, §8, is repealed and the following enacted in its place:
6. Traffic circles or rotary intersections. The operator of a vehicle:
A. Approaching a traffic circle or rotary intersection shall yield the right-of-way to a vehicle already within the traffic circle or rotary intersection unless otherwise regulated by a law enforcement officer or by traffic control devices;
B. Entering and passing around a rotary or traffic circle may drive only to the right of the rotary or traffic circle and shall yield the right-of-way to a vehicle on the operator's left; and
C. May not drive on or across the center part of a rotary or traffic circle, except that the wheels of a semitrailer or trailer may cross the center part as long as the wheels of the towing vehicle do not cross the center part.
Sec. Q-34. 29-A MRSA §2055, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Frightened animals. When a person riding, driving or leading an animal that appears to be frightened signals by putting up a hand or by other visible sign, an operator approaching from the opposite direction must stop as soon as possible and remain stationary as long as necessary and reasonable to allow the animal to pass. When traveling in the same direction, the operator must use reasonable caution in passing an animal.
Sec. Q-35. 29-A MRSA §2055, sub-§3-A is enacted to read:
3-A. Passing animals. When traveling in the same direction as an animal on a way, an operator must use reasonable caution in passing the animal.
Sec. Q-36. 29-A MRSA §2057, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
C. A red light, if steady and circular, means:
(1) The operator must stop and remain stationary until an indication to proceed is shown; or
(2) The operator may cautiously enter the intersection to make a right turn after stopping if:
(a) Not prohibited by an appropriate sign such as "NO RIGHT TURN ON RED"; and
(b) The operator executing a turn yields the right-of-way to pedestrians on a crosswalk and to a vehicle having a green signal at the intersection.
Sec. Q-37. 29-A MRSA §2057, sub-§1, ¶¶C-1 and C-2 are enacted to read:
C-1. A red light, if a steady arrow, means the operator may not enter the intersection to make the movement indicated by that arrow.
C-2. A red light, if showing rapid intermittent flashes, means the operator must stop and then proceed as if at a stop sign.
Sec. Q-38. 29-A MRSA §2058, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
5. Yield. The Department of Transportation or municipal officers may erect standard signs requiring operators to yield the right-of-way at certain intersections.
A. Yield signs may be designated where it is expedient to allow traffic to move through or into the intersection at a reasonable speed for existing conditions of traffic and visibility, yielding the right-of-way to vehicles or pedestrians approaching from either direction on the intersecting street.
B. A vehicle approaching on a through way so as to arrive at an intersection at approximately the same instant as a vehicle approaching on another way has the right-of-way.
Sec. Q-39. 29-A MRSA §2060, last ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. Q-40. 29-A MRSA §2060, sub-§4 is enacted to read:
4. Markers, buttons or signs for different course. A municipality may cause markers, buttons or signs to be placed within or adjacent to an intersection requiring a different course to be traveled by a vehicle turning at an intersection. When markers, buttons or signs are so placed, an operator shall obey them.
Sec. Q-41. 29-A MRSA §2062, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
4. Lane use; motorcycles and mopeds. Lane use by motorcycles and mopeds is restricted as follows.
A. An operator of a motorcycle other than a moped may fully use a lane.
B. More than 2 motorcycles may not be operated abreast within the same lane.
C. A motor vehicle may not be driven in such a manner as to deprive a motorcycle of the full use of a lane.
D. A moped may be operated only in single file and as far as practicable to the right side of the way at all times, except when making a left turn.
Sec. Q-42. 29-A MRSA §2063, sub-§3, as repealed and replaced by PL 2001, c. 667, Pt. C, §17, is amended to read:
3. Seating. A person operating a bicycle may not ride other than astride a regular and permanently attached seat. A bicycle may not be used to carry more persons than the number for which it is designed and equipped.
Sec. Q-43. 29-A MRSA §2063, sub-§3-A is enacted to read:
3-A. Number of persons. A bicycle may not be used to carry more persons than the number for which it is designed and equipped.
Sec. Q-44. 29-A MRSA §2068, sub-§1, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
C. The Department of Transportation may place signs prohibiting or restricting the stopping, standing or parking of vehicles on a public way or within 10 feet of the traveled portion of a way or on property under its jurisdiction, where stopping, standing or parking is dangerous to those using the way or would unduly interfere with the free movement of traffic.
An operator may not stop, stand or park a vehicle in violation of the restriction on such a sign.
Sec. Q-45. 29-A MRSA §2068, sub-§1, ¶C-1 is enacted to read:
C-1. An operator may not stop, stand or park a vehicle in violation of the restriction on a sign under paragraph C.
Sec. Q-46. 29-A MRSA §2071, sub-§§2 and 4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are repealed and the following enacted in their place:
2. Turn signal. An operator must give a turn signal as follows.
A. An operator may not turn a vehicle without giving an appropriate signal if other traffic may be affected by that movement.
B. A turn signal must be given continuously during at least the last 100 feet traveled before turning.
4. Types of signals. A stop or turn signal must be given by the hand and arm, a signal light or mechanical signal device.
A. When a vehicle is constructed or loaded so that a hand and arm signal is not visible to the front and rear, then signals must be given by a light or device.
B. A light signal must emit a white or amber light to the front and a red or amber light to the rear for turn signals and red to the rear for stop signals.
Sec. Q-47. 29-A MRSA §2075, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Operation impeding movement of traffic. A person may not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation of the motor vehicle or in compliance with law.
Sec. Q-48. 29-A MRSA §2075, sub-§1-A is enacted to read:
1-A. Minimum speed limit. When the Department of Transportation determines, on the basis of an engineering and traffic investigation, that slow speeds on a public way consistently impede the normal and reasonable movement of traffic, the Commissioner of Transportation, with the approval of the Chief of the Maine State Police, may establish a minimum speed limit.
A person may not operate a vehicle below a posted minimum speed limit, except when necessary for safe operation.
Sec. Q-49. 29-A MRSA §2076, sub-§3, as enacted by PL 1995, c. 247, §5 and affected by Pt. B, §5, is amended to read:
3. Required stops. The operator A person operating any of the following vehicles may not cross a railroad track shall stop the vehicle at a grade crossing unless the vehicle stops between 50 feet and 15 feet from the nearest rail, listens listen, looks look in each direction along the tracks for an approaching train and ascertains ascertain that no train is approaching:
A. A bus transporting passengers;
B. A motor vehicle transporting any quantity of chlorine;
C. A motor vehicle that, in accordance with 49 Code of Federal Regulations, Part 172, Subpart F, is required to be marked or placarded;
D. A cargo tank vehicle, whether loaded or empty, used to transport:
(1) A hazardous material as defined in 49 Code of Federal Regulations, Parts 170 to 189; or
(2) A commodity under special permit in accordance with the provisions of the Code of Federal Regulations; or
E. A cargo tank vehicle transporting a commodity that at the time of loading has a temperature above its flash point as determined by 49 Code of Federal Regulations, Part 173.115.
Sec. Q-50. 29-A MRSA §2076, sub-§3-A is enacted to read:
3-A. Yield at grade crossing. The operator of any of the vehicles listed in subsection 3 shall yield at a grade crossing to an approaching train.
Sec. Q-51. 29-A MRSA §2076, sub-§5, as amended by PL 1999, c. 771, Pt. C, §14 and affected by Pt. D, §§1 and 2, is repealed and the following enacted in its place:
5. Penalty. The following penalties apply to violations of this section.
A. An operator failing to comply with the requirements of subsection 1 or 2 commits a traffic infraction.
B. An operator who fails to comply with subsection 3 commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
C. An operator commits a Class D crime if that operator is required to stop under subsection 3 and fails to stop for or yield the right-of-way to a train, engine or conveyance on the track. This crime is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-52. 29-A MRSA §2101, as amended by PL 2001, c. 471, Pt. A, §§31 and 32 and affected by §33, is repealed.
Sec. Q-53. 29-A MRSA §2101-A is enacted to read:
§2101-A. Permitting unlawful use
1. Traffic infraction. A person who knowingly authorizes or permits a vehicle owned by or under control of that person to be driven on a public way by a person not authorized under this Title or in violation of a provision of this Title commits a traffic infraction if the conduct of the driver is punishable as a traffic infraction.
2. Crime. A person who knowingly authorizes or permits a vehicle owned by or under control of that person to be driven on a public way by a person not authorized under this Title or in violation of a provision of this Title commits a Class E crime if the conduct of the driver is punishable as a crime.
Sec. Q-54. 29-A MRSA §2102, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Display. Displays or possesses a revoked, suspended, mutilated, fictitious or fraudulently altered driver's license or identification card issued or represented to be issued by this State or any other state or province;
Sec. Q-55. 29-A MRSA §2102, sub-§1-A is enacted to read:
1-A. Possess. Possesses a revoked, suspended, mutilated, fictitious or fraudulently altered driver's license or identification card issued or represented to be issued by this State or any other state or province;
Sec. Q-56. 29-A MRSA §2102, sub-§§3 and 4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:
3. Representation. Displays or represents as one's own a driver's license or identification card issued to another by this State or any other state or province; or
4. Use. Knowingly permits an unlawful use of a driver's license or identification card issued or represented to be issued by this State or any other state or province.; or
Sec. Q-57. 29-A MRSA §2102, as amended by PL 1997, c. 437, §43, is further amended by adding at the end a new paragraph to read:
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-58. 29-A MRSA §2104, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Attaching false plates. A person commits a Class E crime if that person attaches or permits to be attached to a vehicle a registration plate assigned to another vehicle or not currently assigned to that vehicle.
Sec. Q-59. 29-A MRSA §2104, sub-§1-A is enacted to read:
1-A. Permitting attachment of false plates. A person commits a Class E crime if that person permits to be attached to a vehicle a registration plate assigned to another vehicle or not currently assigned to that vehicle.
Sec. Q-60. 29-A MRSA §2104, sub-§5 is enacted to read:
5. Strict liability. Violation of subsection 1, 2 or 3 is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-61. 29-A MRSA §2114, sub-§2, as amended by PL 1999, c. 356, §1, is repealed and the following enacted in its place:
2. Definitions. As used in this section, the following terms have the following meanings.
A. "Diesel-powered motor vehicle" refers only to a diesel-powered motor vehicle that has a gross vehicle weight rating of 18,000 or more pounds. "Diesel-powered motor vehicle" does not include a truck registered as a farm truck.
B. "Opacity" means the degree of light-obscuring capability of emissions of visible air contaminants expressed as a percentage. Complete obscuration must be expressed as 100% opacity.
Sec. Q-62. 29-A MRSA §2114, sub-§3, as amended by PL 1999, c. 356, §1, is further amended to read:
3. Testing and repair requirement. A person who causes operation of a diesel-powered motor vehicle shall comply with the requirements of the program, including emission opacity standards and testing and repair requirements. Owners or operators of diesel-powered motor vehicles that have failed opacity standards for the first time have 30 days from the date that the operator was notified of the failure of the test to certify to the department that repairs were made to bring the vehicle into compliance with the opacity standards established pursuant to this section. If certification is not made within 30 days, then owners or operators are assessed a $250 fine for the first violation; 2nd or subsequent violations are assessed a $500 fine commit a traffic infraction. A person may not be found in violation of this section until after January 1, 2000.
Only diesel-powered motor vehicles identified by certified inspectors as potential violators of the program's emission opacity standards are subject to testing under this section. Inspectors must be certified pursuant to the procedures for certification specified in 40 Code of Federal Regulations, Part 60, Appendix A, Method 9.
Sec. Q-63. 29-A MRSA §2114, sub-§3-A is enacted to read:
3-A. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a traffic infraction for which a fine of $250 may be adjudged.
B. A person who violates this section after previously having been adjudicated as violating this section commits a traffic infraction for which a fine of $500 may be adjudged.
Sec. Q-64. 29-A MRSA §2114, sub-§7, as enacted by PL 1999, c. 356, §1, is repealed.
Sec. Q-65. 29-A MRSA §2358, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
7. Out-of-service sticker. If the weight exceeds the maximum allowable gross vehicle weight by 20% or more, the officer shall affix an out-of-service sticker to the windshield until the vehicle is brought into compliance.
The vehicle may not be moved until it is brought into compliance.
When a vehicle is brought into compliance, an officer may attest to compliance by signing the out-of-service sticker.
A person commits a Class E crime if that person moves a vehicle with an out-of-service sticker that has not been signed by an officer attesting to compliance.
An owner or operator who fails to have the out-of-service sticker attested or who fails to return the attested sticker or portion to the Bureau of State Police within 15 days of issuance commits a traffic infraction.
A. A person who moves a vehicle with an out-of-service sticker that has not been signed by an officer attesting to compliance commits a Class E crime. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
B. An owner or operator who fails to have the out-of-service sticker attested or who fails to return the attested sticker or portion to the Bureau of State Police within 15 days of issuance commits a traffic infraction.
Sec. Q-66. 29-A MRSA §2360, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Violation of weight provision. A person who operates or causes operation of a motor vehicle in violation of a weight provision for any axle or group of axles or gross vehicle weight commits a traffic infraction. if the vehicle is:
A. One percent to 10% over allowed basic weight;
B. Eleven percent to 20% over allowed basic weight;
C. Twenty-one percent to 30% over allowed basic weight;
D. Thirty-one percent to 40% over allowed basic weight;
E. Forty-one percent to 50% over allowed basic weight; or
F. More than 50% over allowed basic weight.
Sec. Q-67. 29-A MRSA §2364, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. General road limit. The general road limit for this vehicle is 54,000 pounds gross vehicle weight when the vehicle operates as a 3-axle single unit vehicle; 69,000 pounds when the vehicle operates as a 4-axle or 5-axle single unit vehicle; and 77,200 pounds gross vehicle weight when the vehicle operates as a 6-axle single unit vehicle;:
A. When the vehicle operates as a 3-axle single unit vehicle, 54,000 pounds gross vehicle weight;
B. When the vehicle operates as a 4-axle or 5-axle single unit vehicle, 69,000 pounds gross vehicle weight; and
C. When the vehicle operates as a 6-axle single unit vehicle, 77,200 pounds gross vehicle weight;
Sec. Q-68. 29-A MRSA §2380, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.
Sec. Q-69. 29-A MRSA §2380, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
2. Maximum height. The following height restrictions apply.
A. A vehicle with a permanent or temporary structural part more than 13 feet, 6 inches in height measured vertically from a level ground surface may not be operated on a public way or bridge.
B. A vehicle may not be operated on a public way or bridge if the load extends more than 6 inches above the maximum permissible structural height of the vehicle.
C. A vehicle may not be operated over a section of a way or bridge that does not provide adequate overhead clearance.
Sec. Q-70. 29-A MRSA §2380, sub-§3, as repealed and replaced by PL 1999, c. 78, §1, is amended to read:
3. Maximum width; exceptions. A vehicle that is wider than 102 inches over all may not be operated on a public way or bridge. A portion of a vehicle or load may not project beyond the side of that vehicle to make a total width greater than 102 inches, except as provided in this subsection and subsection 4. Reflecting mirrors and turn signal lamps are excluded from measurement of width. The following conditions and appurtenances attached to a commercial motor vehicle are excluded from the measurement of width provided that they do not extend more than 3 inches from the side of a vehicle:
A. Corner caps;
B. Rear and side door hinges and their protective hardware;
C. Rain gutters;
D. Side lamp markers;
E. Lift pads for piggyback trailers;
F. Hazardous materials placards;
G. Tarps and tarp hardware;
H. Tiedown assemblies on platform trailers;
I. Weevil pins and sockets on lowbed trailers;
J. Steps and handholds for entry and egress;
K. Flexible fender extensions;
L. Mud flaps and splash and spray suppressant devices;
M. Refrigeration units or air compressors;
N. Load-induced tire bulge; and
O. Wall variation from true flat.
Sec. Q-71. 29-A MRSA §2380, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
7. Penalty. The penalty for the violation of A person who violates this section is commits a traffic infraction for which a fine of not less than $100 nor and not more than $1,000 may be adjudged, except that the minimum fine for a violation of a posted bridge height is $250.
Sec. Q-72. 29-A MRSA §2381, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Prohibition. A person may not move a vehicle or other object over a public way or bridge without obtaining a permit under this section if that vehicle or object:
A. Exceeds the length, width, height or weight prescribed in this Title; or
B. Has attached to its wheels a flange, rib, clamp or other object likely to injure the surface of the public way or bridge.
Sec. Q-73. 29-A MRSA §2382, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. County and municipal permits. A county commissioner or municipal officer may grant a permit may be granted, for a reasonable fee, by county commissioners or municipal officers for travel over a way or bridge maintained by that county or municipality.
Sec. Q-74. 29-A MRSA §2382, sub-§9, as amended by PL 1997, c. 144, §1, is repealed and the following enacted in its place:
9. Pilot vehicles. The following restrictions apply to pilot vehicles.
A. Pilot vehicles required by a permit must be equipped with warning lights and signs as required by the Secretary of State with the advice of the Department of Transportation.
B. Warning lights may be operated and lettering on the signs may be visible on a pilot vehicle only while it is escorting a vehicle with a permit on a public way.
With the advice of the Commissioner of Transportation and the Chief of the State Police, the Secretary of State shall establish rules for the operation of pilot vehicles.
Sec. Q-75. 29-A MRSA §2396, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
1. Injurious substances. A person may not place on a way a tack, nail, wire, scrap metal, glass, crockery or other substance that may injure feet, tires or wheels. If a person accidentally places such substance on a way, that person shall immediately make all reasonable efforts to clear the way of that substance.
Sec. Q-76. 29-A MRSA §2396, sub-§1-A is enacted to read:
1-A. Duty to clear way. If a person accidentally places an injurious substance on a way, that person shall immediately make all reasonable efforts to clear the way of that substance.
Sec. Q-77. 29-A MRSA §2411, sub-§1, as amended by PL 1995, c. 368, Pt. AAA, §7, is repealed.
Sec. Q-78. 29-A MRSA §2411, sub-§1-A is enacted to read:
1-A. Offense. A person commits OUI if that person:
A. Operates a motor vehicle:
(1) While under the influence of intoxicants; or
(2) While having a blood-alcohol level of 0.08% or more;
B. Violates paragraph A and:
(1) Has one previous OUI offense within a 10-year period;
(2) Has 2 previous OUI offenses within a 10-year period; or
(3) Has 3 or more previous OUI offenses within a 10-year period;
C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:
(1) Has no previous OUI offenses within a 10-year period;
(2) Has one previous OUI offense within a 10-year period;
(3) Has 2 previous OUI offenses within a 10-year period; or
(4) Has 3 previous OUI offenses within a 10-year period; or
D. Violates paragraph A, B or C and:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% or greater.
Sec. Q-79. 29-A MRSA §2411, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
2. Pleading and proof. The alternatives outlined in subsection 1 1-A, paragraphs paragraph A and B may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17-A, section 33 in assessing any causation under this section.
Sec. Q-80. 29-A MRSA §2411, sub-§5, as amended by PL 2001, c. 511, §3, is further amended by amending the first paragraph to read:
5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended:
Sec. Q-81. 29-A MRSA §2411, sub-§5, ¶D-1 is enacted to read:
D-1. A violation of subsection 1-A, paragraph D is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,000 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;
Sec. Q-82. 29-A MRSA §2411, sub-§5, ¶G, as enacted by PL 1997, c. 737, §11, is amended to read:
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C or, D or D-1 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
Sec. Q-83. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 332, §1, is repealed.
Sec. Q-84. 29-A MRSA §2412-A, sub-§1, as amended by PL 1999, c. 743, §5, is repealed.
Sec. Q-85. 29-A MRSA §2412-A, sub-§1-A is enacted to read:
1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person:
A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person:
(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
(3) Has actual knowledge of the suspension or revocation;
(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608;
B. Violates paragraph A and the suspension was for OUI or an OUI offense;
C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:
(1) Has one prior conviction for violating this section;
(2) Has 2 prior convictions for violating this section; or
(3) Has 3 or more prior convictions for violating this section; or
D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section.
Except as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-86. 29-A MRSA §2414, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
6. Aggravating factor; eluding an officer. A person commits a Class B crime if that person attempts to elude a law enforcement officer or passes or attempts to pass a roadblock and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result.
Sec. Q-87. 29-A MRSA §2414, sub-§7 is enacted to read:
7. Aggravating factor; passing roadblock. A person commits a Class B crime if that person passes or attempts to pass a roadblock and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result.
Sec. Q-88. 29-A MRSA §2434, sub-§10, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
10. Failure to sign acknowledgment of notice or surrender license. A person commits a Class E crime if that person refuses to sign the acknowledgement of notice or, without good cause, fails to surrender a license within the period of suspension.:
A. Refuses to sign the acknowledgment of notice; or
B. Without good cause, fails to surrender a license within the period of suspension.
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-89. 29-A MRSA §2458, sub-§5, as amended by PL 1997, c. 111, §1, is further amended to read:
5. Penalty. A person commits a Class E crime if that person recklessly or with criminal negligence fails upon request to disclose to the Secretary of State information required under subsection 6 or, after notice of suspension, revocation, or cancellation fails to obey an order of the Secretary of State under this section or fails to surrender to the Secretary of State on demand a license, certificate of title, certificate of registration or fuel use decal that has been suspended, revoked or cancelled by proper authority.:
A. Recklessly or with criminal negligence fails upon request to disclose to the Secretary of State information required under subsection 6;
B. After notice of suspension, revocation or cancellation fails to obey an order of the Secretary of State under this section. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A; or
C. Fails to surrender to the Secretary of State on demand a license, certificate of title, certificate of registration or fuel use decal that has been suspended, revoked or cancelled by proper authority. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. Q-90. 29-A MRSA §2557, sub-§1, as amended by PL 1997, c. 776, §51, is further amended to read:
1. Crime. A person commits a crime as defined in subsection 2 if that person operates may not operate a motor vehicle on a public way, as defined in Title 17-A, section 505, subsection 2, when that person's license to operate a motor vehicle has been revoked under this subchapter or former Title 29, chapter 18-A and that person:
A. Has received written notice of the revocation from the Secretary of State;
B. Has been orally informed of the revocation by a law enforcement officer;
C. Has actual knowledge of the revocation; or
D. Is a person to whom written notice was sent in accordance with section 2482 or former Title 29, section 2241, subsection 4.
Sec. Q-91. 29-A MRSA §2557, sub-§2, as amended by PL 1997, c. 476, §1, is further amended to read:
2. Offense; penalty. Violation of this section is:
A. A Class D crime if the person violates subsection 1 and:
(1) The person has no conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
(2) The person has no conviction for violating section 2411 or former Title 29, section 1312-B within the previous 10 years; and
B. A Class C crime if the person violates subsection 1 and:
(1) The person has one or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
(2) The person has one or more convictions for violating section 2411 or former Title 29, section 1312-B within the previous 10 years.
The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years after the original date scheduled for eligibility to apply for relief of that status.
Sec. Q-92. 29-A MRSA §2557, sub-§§2-A and 2-B are enacted to read:
2-A. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
2-B. Relief from habitual offender status. The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
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