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Title 17-A, section 9-A governs the use of prior convictions | | when determining a sentence. |
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| | | Sec. X-10. 38 MRSA §1316-M, sub-§4, as enacted by PL 1995, c. 579, §5, | | is amended to read: |
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| | | 4. Transporting without license or manifest; penalties. A | | person who in fact transports scrap tires without a license or | | without a manifest as required by department rules commits a | Class E crime if that person in fact transports scrap tires | without a license or without a manifest as required by department | rules | | as defined in Title 17-A, section 34, subsection 4-A. The | | minimum fines for transporting scrap tires without a manifest are | as follows: for a vehicle with a registered gross weight of up | to 12,000 pounds, $500; for a vehicle with a registered gross | weight of between 12,001 and 34,000 pounds, $2,000; and for a | vehicle with a registered gross weight of over 34,000 pounds, | $4,500. This minimum fine may not be suspended, but it may be | reduced by the amount of the disposal fee paid by the transporter | for disposal of the truckload of tires at a licensed waste | facility. A person commits a Class D crime if that person, after | being cited for a violation of the manifest requirements, | transports the tires to an unlicensed, nonexempt waste facility. | Notwithstanding Title 17-A, section 1301, the fine for a Class E | crime under this subsection may not exceed $10,000 per violation, | and the fine for a Class D crime under this subsection may not | exceed $25,000 per violation. |
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| | | A.__For a vehicle with a registered gross weight of up to | | 12,000 pounds, $500; |
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| | | B.__For a vehicle with a registered gross weight of between | | 12,001 and 34,000 pounds, $2,000; and |
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| | | C.__For a vehicle with a registered gross weight of over | | 34,000 pounds, $4,500. |
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| | | This minimum fine may not be suspended, but it may be reduced by | | the amount of the disposal fee paid by the transporter for | | disposal of the truckload of tires at a licensed waste facility.__ | | Notwithstanding Title 17-A, section 1301, the maximum fine under | | this subsection is not more than $10,000 per violation. |
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| | | Sec. X-11. 38 MRSA §1316-M, sub-§5 is enacted to read: |
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| | | 5.__Transporting after citation.__A person who, after being | | cited for a violation of the manifest requirements, transports | | scrap tires to an unlicensed, nonexempt waste facility commits a | | Class D crime.__Violation of this subsection is a strict |
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