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Second Regular Session of the 122nd

H.P. 1213 - L.D. 1706

An Act To Prohibit Parking in Access Aisles

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, current law is ambiguous on the use of access aisles for disability parking by the disabled; and

     Whereas, it is necessary that this ambiguity be eliminated as soon as possible; 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 §521, sub-§9-A, as amended by PL 2005, c. 433, §7 and affected by §28, is further amended to read:

     9-A. Enforcement of disability parking restrictions. A law enforcement officer may enforce disability parking restrictions. The State Police shall enforce disability parking restrictions at service facilities established on the Maine Turnpike and on the interstate highway system in the State. A person commits a traffic infraction if that person parks in a parking space or access aisle designated and clearly marked for persons with physical disabilities and has not been issued or is not transporting a person who has been issued a disability registration plate or a removable windshield placard pursuant to this section or section 523 or a disability registration plate or placard issued by another state. A person commits a traffic infraction if that person parks in an access aisle, regardless of whether the person has been issued a disability registration plate or removable placard. Notwithstanding section 2604, a person who violates this subsection is subject to a fine of not less than $200 and not more than $500.

     Sec. 2. 29-A MRSA §521, sub-§9-B is enacted to read:

     9-B. Registered owner's liability for vehicle illegally parked in disability parking space access aisle. A person who is a registered owner of a vehicle at the time that vehicle is involved in a violation of subsection 9-A commits a traffic infraction. For purposes of this subsection, "registered owner" includes a person issued a dealer or transporter registration plate.

     Sec. 3. 30-A MRSA §3009, sub-§1, ¶D, as amended by PL 2003, c. 117, §1, is further amended to read:

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 4, 2006.

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