CHAPTER 397
H.P. 313 - L.D. 393
An Act Authorizing the Operation of Low-speed Vehicles on Certain Roads
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, recent advances in technology have allowed the development of certain low-speed vehicles; and
Whereas, these low-speed vehicles are important as they represent the cutting edge of transportation technology that does not rely solely on gasoline or diesel fuel, reducing both pollution and the State's reliance on oil-based fuel; and
Whereas, the advancement of this technology relies on public relations efforts and competition in the form of rallies and races, which take place primarily during the summer; and
Whereas, the effective date of this legislation would fall after the season for low-speed vehicle rallies and races; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §101, sub-§32-A, as enacted by PL 1999, c. 660, §1, is amended to read:
32-A. Low-speed vehicle. "Low-speed vehicle" means a 4-wheeled automobile that is able to attain a speed of at least 20 miles per hour but not more than 25 miles per hour and does not exceed 1800 pounds in unloaded weight. "Low-speed vehicle" does not include an ATV as defined in Title 12, section 7851. A low-speed vehicle must be originally manufactured and maintained in accordance with the Federal Motor Vehicle Safety Standards as a low-speed vehicle pursuant to 49 Code of Federal Regulations, Section 571.500 (1998), as amended.
Sec. 2. 29-A MRSA §102, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
§102. Public way use authorized
Any vehicle may be operated on a public way unless prohibited or restricted by this Title, by special law or municipal ordinance, or by rule of the department.
1. Operation of low-speed vehicles; beginning June 1, 2003. Notwithstanding subsection 2, beginning on June 1, 2003, the registration and operation of low-speed vehicles in accordance with section 501, subsection 11 and section 2089 are authorized for use on islands that have public aid roads and do not have motor vehicle access by bridge or causeway and on public roads in:
A. Bar Harbor;
B. Biddeford, including Biddeford Pool;
C. Boothbay Harbor;
D. Brunswick;
E. Cape Elizabeth;
F. Damariscotta;
G. Kennebunk;
H. Kennebunkport;
I. Kittery, including Kittery Point and the Kittery shipyard;
J. Lewiston;
K. Mt. Desert;
L. Ogunquit;
M. Old Orchard Beach, including Ocean Park;
N. Portland;
O. Saco;
P. South Portland;
Q. Southwest Harbor;
R. Tremont;
S. Waterville;
T. Wells;
U. Wiscasset; and
V. York, including York Beach and York Harbor.
This subsection is repealed on September 1, 2003.
2. Operation of low-speed vehicles; beginning September 1, 2003. The registration and operation of low-speed vehicles in accordance with section 501, subsection 11 and section 2089 are authorized beginning September 1, 2003. A municipality may prohibit the use of low-speed vehicles by municipal ordinance or restrict the use of low-speed vehicles in accordance with section 2089 subsection 2.
Sec. 3. 29-A MRSA §501, sub-§11 is enacted to read:
11. Low-speed vehicles. The Secretary of State may issue a registration for a low-speed vehicle upon application and payment of an annual fee of $25. The registrant must provide a certificate of title required by section 651, proof of financial responsibility required by section 1601 and evidence of payment of the excise tax required by Title 36, section 1482. A low-speed vehicle registered under this section is issued a registration plate with the word "low-speed" instead of "Vacationland." The Secretary of State may issue a facsimile plate for a 60-day period.
Sec. 4. 29-A MRSA §1301, sub-§8 is enacted to read:
8. Vehicle used for examination. An applicant for a license may not use a low-speed vehicle to demonstrate ability to operate a motor vehicle as required under subsection 4.
Sec. 5. 29-A MRSA §1752, sub-§8, ¶C, as repealed and replaced by PL 1997, c. 437, §42, is amended to read:
C. Has a partial annual inspection of running gear, steering mechanism, brakes and exhaust system and tires under section 1917, subsection 3; and
Sec. 6. 29-A MRSA §1752, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
9. Registered in this State. A motor vehicle registered in this State displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program until its normal expiration.;
Sec. 7. 29-A MRSA §1752, sub-§10, as enacted by PL 2003, c. 125, § 4, is amended to read:
10. Experimental motor vehicle. A vehicle registered as an experimental motor vehicle pursuant to section 470. An experimental motor vehicle must meet minimum equipment standards pursuant to section 470, subsection 2.; and
Sec. 8. 29-A MRSA §1752, sub-§11 is enacted to read:
11. Low-speed vehicle. A low-speed vehicle registered pursuant to section 501, subsection 11. A low-speed vehicle must be equipped in accordance with section 1925.
Sec. 9. 29-A MRSA §1925 is enacted to read:
§1925. Equipment requirements for low-speed vehicles
1. Equipment required. A low-speed vehicle registered pursuant to section 501, subsection 11 must be equipped with:
A. Brakes for each wheel;
B. Headlights that comply with section 1904;
C. An odometer;
D. One exterior rearview mirror;
E. One interior rearview mirror;
F. A parking brake;
G. Rear reflectors;
H. A safety glass windshield;
I. A speedometer;
J. Stop lamps;
K. Rear lights that comply with section 1905;
L. Seat belts and child restraint systems that comply with section 2081;
M. Turn signal lamps;
N. Windshield wipers; and
O. A vehicle identification number.
2. Working condition. Equipment required in subsection 1 must be in good working condition.
Sec. 10. 29-A MRSA §2089 is enacted to read:
§2089. Operation of low-speed vehicles
A person operating a low-speed vehicle on a public way shall comply with the provisions of this chapter as they apply to the operator of an automobile and with this section.
1. License required. A person operating a low-speed vehicle must possess a valid Class A, Class B or Class C driver's license pursuant to section 1252.
2. Road restrictions. A low-speed vehicle may be operated only on a road or street where the posted speed limit is 35 miles per hour or less. A low-speed vehicle may cross, at an intersection, a road or street with a posted speed limit of more than 35 miles per hour. The department may prohibit the operation of a low-speed vehicle on any highway or segment of highway under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety. A municipality may prohibit the operation of a low-speed vehicle on any road under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
3. Violation. A person who operates a low-speed vehicle in violation of subsection 2 commits a traffic infraction.
4. Rulemaking. The Secretary of State, in consultation with the Commissioner of Transportation and the Commissioner of Public Safety, may adopt rules in accordance with Title 5, chapter 375 to implement this section, monitor the registration and use of low-speed vehicles and provide for the safe operation of low-speed vehicles.
Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
SECRETARY OF STATE, DEPARTMENT OF THE
Administration - Motor Vehicles 0077
Initiative: Allocates funds on a one-time basis for the costs of revising the Bureau of Motor Vehicles' automated system to accommodate the registration of low-speed vehicles.
Highway Fund 2003-04 2004-05
All Other $5,000 $0
__________ __________
Highway Fund Total $5,000 $0
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 3, 2003.
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