SP0211
LD 722
First Regular Session - 125th Maine Legislature
C "A", Filing Number S-114, Sponsored by
LR 1883
Item 2
Bill Tracking, Additional Documents Chamber Status

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.


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