$175 for each

percent over 40%

For all vehicles manufactured, modified or retrofitted with liftable or variable load suspension axles after October 30, 1991, liftable or variable load suspension axles are permitted only under the following conditions: only one liftable or variable load axle may be present on the truck tractor and only one liftable or variable load axle may be present on the semitrailer; liftable or variable load axles must be located on the vehicle so that they are legally part of the tandem axle group or tri-axle group as appropriate; and the axle weight rating of liftable or variable load axles must conform to the expected loading of the suspension and must be 20,000 pounds or more.

Sec. 2. 29-A MRSA §2356, sub-§§1 and 2, as amended by PL 1995, c. 65, Pt. C, §7 and affected by Pt. A, §153 and Pt. C, §15, are further amended to read:

1. Operation prohibited. A person commits a Class E crime traffic infraction if that person operates or causes operation of a vehicle in excess of its registered weight on a public way.

2. Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the person holding the operating authority license for that vehicle from the Secretary of State vehicle registrant.

Sec. 3. 29-A MRSA §2356, sub-§3, as amended by PL 1995, c. 65, Pt. C, §7 and affected by Pt. A, §153 and Pt. C, §15, is repealed.

Sec. 4. 29-A MRSA §2356, sub-§4, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

4. Penalty. Notwithstanding Title 17-A, section 4-B, except as provided in subsection 5, the fine for a violation of subsection 1 must be 1/2 of is twice the difference in the registration fees for the actual weight and the registered weight of the vehicle. Except as provided in subsection 5, the The minimum fine for a violation of this section is $25.

Sec. 5. 29-A MRSA §2356, sub-§5, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed.

Sec. 6. 29-A MRSA §2360, sub-§3, as amended by PL 1999, c. 580, §9, is further amended to read:

3. Schedule of fines. Except as provided in section 2354, subsection 2, the fine must be based on the amount of gross vehicle weight or axle weight in excess of the limits prescribed in sections 2352 to 2355, 2357 or 2365, as appropriate.

This schedule is cumulative:

Percent over allowed basic Fine for

weight each percent

1-10% $10 for each

percent

11-20% $100 + $15 $65

for each

percent over 10%

21-30% $250 $750 + $20 $75

for each

percent over 20%

31-40% $450 $1,500 + $25 $105

for each

percent over 30%

41-50% $700 $2,550 + $30 $140

for each

percent over 40%

more than 50% $1,000 $3,950 + $10

$180 for each

percent over 50%

Sec. 7. 29-A MRSA §2360, sub-§9, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

9. Minimum fine. For a vehicle using the Interstate Highway System, the minimum fine for a gross vehicle weight or axle weight violation is $20 $60, which may not be waived, and cost of court. For a vehicle on all other highways, the minimum fine for a gross vehicle weight or axle weight violation is $10 $30.

Sec. 8. 29-A MRSA §2361, as amended by PL 1995, c. 65, Pt. A, §111 and affected by §153 and Pt. C, §15, is repealed.

Sec. 9. 29-A MRSA §2361-A is enacted to read:

§2361-A.__Aggravated gross weight violations

1.__Aggravated gross weight violation.__The operation of a vehicle exceeding the maximum allowable gross vehicle weight by 20% or more is an aggravated gross weight violation.__The penalty for an aggravated gross weight violation is the fine established in section 2360, subsection 3.

2.__Suspension for repeat violators.__If a registrant commits 3 or more aggravated gross weight violations in a 12-month period, 5 or more aggravated gross weight violations in a 24- month period or 7 or more aggravated gross weight violations in a 36-month period, the Secretary of State may suspend the registrant's privilege to operate commercial motor vehicles for a period of 15 to 45 days.

3.__Criminal penalty.__A registrant commits a Class E crime if the registrant operates or causes the operation of commercial motor vehicle while that registrant's privilege to operate such a vehicle is suspended pursuant to subsection 2.

Sec. 10. 29-A MRSA §2362, as amended by PL 1995, c. 546, §2, is repealed.

Sec. 11. 29-A MRSA §2390, sub-§1, ¶D, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

D. The load on a combination vehicle transporting tree- length logs exclusively may extend rearward beyond the body of the vehicle by no more than 8 1/2 feet, as long as no more than 25% of the length of the logs extends beyond the body and the total length of the vehicle and load does not exceed 74 feet.

SUMMARY

This bill increases fines for the operation of a vehicle in excess of established weight limits.

It makes the vehicle registrant responsible for operation of a vehicle in excess of registered weight and repeals the reduced penalty provision for such a violation.

The bill amends the minimum fine provision to reflect the amended fine schedule minimum amount.

It repeals the current vehicle-specific aggravated overweight and repeat offender provisions and enacts penalty provisions based upon the vehicle registrant's record of prior offenses.

The bill limits the maximum length of vehicles carrying tree- length logs to 74 feet without a special permit.