for each

percent over 30%

41% or more $4,380 +

$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 §2360, sub-§2, as amended by PL 1995, c. 546, §1, is further amended to read:

2. Penalty. Notwithstanding section 101, subsection 85, a person who is guilty of excessive vehicle weight must be punished by a fine in accordance with this section. When both gross and axle weight limits are exceeded, the penalty imposed must be for the violation that results in the higher fine except that, for a violation of section 2355, a minimum fine must also be imposed for any other applicable violation of section 2355 in accordance with subsection 9. A law enforcement officer may not issue more than one citation to a person operating a commercial vehicle for an inspection or excessive vehicle weight violation within a 24- hour period.

Sec. 3. 29-A MRSA §2360, sub-§8, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

8. Multiple reductions. If multiple waivers or reductions of fines may apply, the subsection that gives the smallest fine applies. Reductions may not must be combined.

Sec. 4. 29-A MRSA §2360, sub-§18 is enacted to read:

18.__Exception to fine schedule for owner with gross income under $100,000. The fine assessed for an excessive vehicle weight violation under this section must be reduced by 1/2 if the owner of the overweight vehicle has an annual gross income of less than $100,000.