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| 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. |
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| | | Sec. R-61. 29-A MRSA §2114, sub-§2, as amended by PL 1999, c. 356, §1, | | is repealed and the following enacted in its place: |
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| | | 2.__Definitions.__As used in this section, the following terms | | have the following meanings. |
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| | | 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. |
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| | | 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. |
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| | | Sec. R-62. 29-A MRSA §2114, sub-§3, as amended by PL 1999, c. 356, §1, | | is further amended to read: |
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| | | 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. |
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| | | 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. |
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| | | Sec. R-63. 29-A MRSA §2114, sub-§3-A is enacted to read: |
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| | | 3-A.__Penalties.__The following penalties apply to violations | | of this section. |
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