LD 1567
pg. 140
Page 139 of 179 PUBLIC Law Chapter 452 Page 141 of 179
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LR 526
Item 1

 
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 D, §§1 and 2, is repealed and the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§§31 and 32 and affected by §33, is repealed.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.


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