An Act To Amend Maine Motor Vehicle Laws
Sec. 1. 22 MRSA §1549, as enacted by PL 2007, c. 591, §1 and affected by §2, is repealed.
Sec. 2. 29-A MRSA §101, sub-§93, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 3. 29-A MRSA §525, sub-§9-A, as repealed and replaced by PL 2003, c. 688, Pt. A, §32 and affected by §33, is amended to read:
An owner or operator stopped for violating this section and against whom enforcement action has been taken does not commit a subsequent violation of this section involving the same vehicle until after the close of business on the next business day following the date of the violation.
The court shall impose a fine of at least $250, which may not be suspended.
Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. 4. 29-A MRSA §558-A, sub-§2, ¶A, as amended by PL 2015, c. 176, §1, is further amended to read:
(1) 49 Code of Federal Regulations, Section 390.21 (2007);
(2) Except as otherwise provided in subsection 1, paragraph C, 49 Code of Federal Regulations, Section 391.41 (2007);
(3) 49 Code of Federal Regulations, Sections 392.7, 392.8, 392.9(a), 392.9(b), 392.16, 392.22, 392.24, 392.25, 392.33, 392.71, 392.80 and 392.82 (2007);
(4) Any section of 49 Code of Federal Regulations, Part 393 (2007);
(4-A) 49 Code of Federal Regulations, Sections 395.3(a)(3)(ii), 395.8(a)(2)(ii), 395.8(d) and 395.8(i) (2014); or
(5) 49 Code of Federal Regulations, Part 396, except Sections 396.7 and 396.9 (2007).
Sec. 5. 29-A MRSA §1605, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 6. 29-A MRSA §1605, sub-§6-A is enacted to read:
Sec. 7. 29-A MRSA §1752, sub-§3, as amended by PL 2013, c. 381, Pt. A, §4, is further amended to read:
Sec. 8. 29-A MRSA §1951, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
§ 1951. Name of owner or lessee displayed
A truck tractor owner or operator shall display on both sides of the truck tractor the name of the owner or lessee in letters not less than 2 1/2 inches in height that meet the standards set forth in 49 Code of Federal Regulations, Section 390.21.
Sec. 9. 29-A MRSA §1953, sub-§2, ¶C, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Sec. 10. 29-A MRSA §2120 is enacted to read:
§ 2120. Smoking in vehicles when minor under 16 years of age is present
Sec. 11. 29-A MRSA §2390, sub-§1, as amended by PL 2007, c. 306, §8, is further amended to read:
The overall length of the combination of truck tractor and trailer or semitrailer in this paragraph may not exceed 69 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle, including any rear overhang.
The interaxle distance and overall combination vehicle length maximum limits required by this paragraph do not apply on the Interstate Highway System and those qualifying federal aid primary system highways designated by the Secretary of the United States Department of Transportation, pursuant to the United States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 411.
(1) The wheelbase of the semitrailer, measured as the distance from the kingpin to the center of the rearmost axle of the semitrailer, may not exceed 43 feet.
(2) The kingpin setback of the semitrailer, measured as the distance from the kingpin to the front of the semitrailer, may not exceed 3 1/2 feet in length.
(3) The rear overhang of the semitrailer, measured as the distance from the center of the rear tandem axles of the semitrailer to the rear of the semitrailer, may not exceed 35% of the wheelbase of the semitrailer.
(4) The semitrailer must be equipped with a rear underride guard that is of sufficient strength to prevent a motor vehicle from penetrating underneath the semitrailer, extends across the rear of the semitrailer to within an average distance of 4 inches of the lateral extremities of the semitrailer, exclusive of safety bumper appurtenances, and is placed at a height not exceeding 22 inches from the surface of the ground as measured when the semitrailer is empty and is on a level surface.
(5) The semitrailer must be equipped with vehicle lights that comply with or exceed federal standards and reflective material approved by the Commissioner of Transportation that must be located on the semitrailer in a manner prescribed by the commissioner. The semitrailer must display a conspicuous warning on the rear of the semitrailer indicating that the vehicle combination has a wide turning radius.
(8) Except as provided in subparagraph (10), the overall length of the truck tractor and semitrailer combination of vehicles traveling beyond the national network may not exceed 74 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle. For the purposes of this subparagraph, "national network" means those highways in the State identified under 23 Code of Federal Regulations, Appendix A to Part 658.
(9) Notwithstanding section 2380, the width of the semitrailer must be 102 inches, except that the width of the rear safety bumper and appurtenances to the safety bumper may not exceed 103 inches and except that the width of a flatbed or lowboy semitrailer, measured as the distance between the outer surface edges of the semitrailer's tires, must be at least 96 inches but no more than 102 inches.
(10) For vehicles whose overall length exceeds 74 feet, including all structural parts of the vehicle, permanent or temporary, and any load carried on or in the vehicle, access is permitted to service facilities or terminals within one mile of the national network. For purposes of this subparagraph, "national network" means those highways in the State identified under 23 Code of Federal Regulations, Appendix A to Part 658.
(12) This vehicle combination may not transport cargo that has been prohibited for this vehicle combination by the Commissioner of Transportation.
(13) This paragraph does not apply to a trailer or semitrailer when transporting or returning empty from transporting a nondivisible load or object under the provisions of an overlimit permit granted by section 2382.
Nothing in this paragraph limits the authority of the department under Title 23, section 52 to adopt rules prohibiting or limiting access by semitrailers or other vehicles to a highway or portion of a highway or other segment of the transportation infrastructure in order to ensure public safety.
SUMMARY
This bill amends the motor vehicle and traffic laws to:
1. Clarify the definition of the word "wrecker" to specify that it applies only when the vehicle is in the act of towing or carrying a vehicle or freeing a stuck vehicle;
2. Decriminalize certain provisions of law regarding fuel tax licensing and reporting. Displaying a false fuel use identification decal remains a Class D crime;
3. Specify that the version of the federal regulations incorporated by reference into rules of the Department of Public Safety is the most current version as filed with the Secretary of State;
4. Increase the class of crime from a Class E to a Class D crime for operating, or permitting the operation of, a motor vehicle without proof of financial responsibility and to a Class C crime if death or serious bodily injury results from an accident involving that motor vehicle;
5. Clarify that the exemption from inspection requirements for antique autos applies only if the vehicle is registered as an antique auto;
6. Require a truck tractor owner or operator to display on both sides of the truck tractor the name of the owner or lessee in letters that meet the standards set forth in the Code of Federal Regulations. Current law specifies the size of the letters;
7. Correct an error in the statute pertaining to splash guards to exempt a truck tractor from having splash guards when it is hauling a trailer or semitrailer;
8. Reallocate from the Maine Revised Statutes, Title 22 to Title 29-A the statute that prohibits a person from smoking in a motor vehicle when a person who has not attained 16 years of age is present in that motor vehicle; and
9. Clarify the statute governing vehicle lengths so that it explicitly states the statute applies to recreational vehicles and so that it conforms certain vehicle lengths to federal law.