‘An Act To Enforce Restrictions in Parking Spaces and Access Aisles Designated for Persons with a Walking Disability’
| HP0256 LD 390 |
Session - 127th Maine Legislature C "A", Filing Number H-73, Sponsored by
|
LR 1169 Item 2 |
|
| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Enforce Restrictions in Parking Spaces and Access Aisles Designated for Persons with a Walking Disability’
Amend the bill in section 1 in subsection 9-A by striking out all of the last sentence (page 1, lines 15 to 18 in L.D.) and inserting the following: ' Testimony under oath with clear photographic evidence from a person with a disability or the driver of a vehicle transporting a person with a disability that a vehicle was parked in violation of this subsection is prima facie evidence of a violation of this subsection. For purposes of this subsection, "person with a disability" has the same meaning as in subsection 1.'
Amend the bill by adding after section 1 the following:
‘Sec. 2. 29-A MRSA §521, sub-§9-B, as amended by PL 2013, c. 381, Pt. C, §2, is further amended to read:
(1) If a person other than the owner is found to be operating the vehicle at the time of the violation and is adjudicated of violating subsection 9-A, then the registered owner may not be found in violation of this subsection.
(2) If the registered owner is a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides the investigating officer with a copy of the lease agreement containing the information required by section 254, then the lessee and not the lessor may be charged under this subsection.
(3) If the vehicle is operated using a dealer or transporter registration plate and at the time of the violation the vehicle was operated by any person other than the dealer or transporter, and if the dealer or transporter provides the investigating officer with the name and address of the person who had control over the vehicle at the time of the violation, then that person and not the dealer or transporter may be charged under this subsection.
(4) If a report that the vehicle was stolen is given to a law enforcement officer or agency before the violation occurs or within a reasonable time after the violation occurs, then the registered owner may not be charged under this subsection.
summary
This amendment provides that testimony under oath with clear photographic evidence from a person with a disability or the driver of a vehicle transporting a person with a disability is prima facie evidence that a violation of a disability parking restriction has occurred. This provision applies to the registered owner’s liability for a vehicle illegally parked in a disability parking space or access aisle.