SP0211, LD 722, item 2, 125th Maine State Legislature , Amendment C "A", Filing Number S-114, Sponsored by

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Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘
Sec. 1. 29-A MRSA §558, sub-§1-A, as amended by PL 2009, c. 598, §20, is further amended to read:
 
1-A. Maximum fine.   Notwithstanding Title 17-A, section 1301, the ~~minimum~~maximum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations~~, Parts 392, 395.3, 395.8e and 395.8k is $250~~and that is not an out-of-service order is $250, and the maximum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations and that meets the definition of an out-of-service order as defined in 49 Code of Federal Regulations is $500. ~~If a minimum fine is provided by any rule adopted pursuant to this subchapter, the court shall impose at least the minimum fine, which may not be suspended by the court.~~
 
For purposes of this subsection, "out-of-service order" means a declaration by a law enforcement officer authorized to enforce the provisions of this subchapter that a driver, a commercial motor vehicle or a motor carrier operation is out of service pursuant to 49 Code of Federal Regulations, Part 386.72, 392.5, 392.9a, 395.13 or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.’
 
SUMMARY
This amendment strikes the bill and removes the emergency preamble and the emergency clause. The amendment provides that the maximum fine for a violation of a state rule that adopts by reference the Federal Motor Carrier Safety Administration regulations and that does not meet the definition of an out-of-service order is $250. The amendment also provides that the maximum fine for a violation of a state rule that adopts by reference the Federal Motor Carrier Safety Administration regulations and that meets the definition of an out-of-service order is $500. The amendment provides that an out-of-service order means a declaration by a law enforcement officer authorized to enforce Federal Motor Carrier Safety Administration regulations that a driver, a commercial motor vehicle or a motor carrier operation is out of service pursuant to federal law.

SP0211, Filing Number S-114, LR 1883, item 2,First Regular Session - 125th Maine Legislature, page