CHAPTER 633
S.P. 626 - L.D. 1694
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2103-A, sub-§1, as enacted by PL 1989, c. 754, Pt. C, §1, is amended to read:
1. Content of state rules. Any state rule adopted under this section must contain a brief description of the substance of the referenced federal regulations or amendments and instructions for obtaining a copy or a certified copy of those referenced federal regulations or amendments from the appropriate federal agency.
Sec. 2. 29-A MRSA §521, sub-§9-A, as enacted by PL 1997, c. 673, §2, is amended to read:
9-A. Enforcement of disability parking restrictions. Local or county A law enforcement agencies officer may enforce handicapped disability parking restrictions on private off-street parking areas. The State Police shall enforce handicapped disability parking restrictions at service facilities established on the Maine Turnpike and on the interstate highway system in the State. A person commits a traffic infraction if that person parks in a parking space designated and clearly marked for persons with physical disabilities and has not been issued or is not transporting a person who has been issued a disability registration plate or a removable windshield placard pursuant to this section or section 523 or a disability registration plate or placard issued by another state.
Sec. 3. 29-A MRSA §1763, first ¶, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
Notwithstanding Title 5, section 10003, a State Police officer or employee of the State Police designated as a motor vehicle inspector may immediately suspend or revoke the license issued to any official inspection station or the inspection mechanic certificate issued to any inspecting mechanic for a violation of this chapter or the rules promulgated pursuant to section 1769. The penalty for a first offense is a license suspension for a period of 6 months. The penalty for a 2nd or subsequent offense is a license suspension for a period of one year or license revocation.
Sec. 4. 29-A MRSA §2054, sub-§2, ¶D, as repealed and replaced by PL 2003, c. 510, Pt. C, §8 and affected by §10, is amended to read:
D. Except as provided in this paragraph, a vehicle may not be equipped with or display a blue light.
(1) Emergency lights used on the following vehicles must emit a blue light or a combination of blue and white light: a police vehicle; a Department of Corrections vehicle as described in subsection 1, paragraph B, subparagraph (6); a vehicle operated by a chief of police, a sheriff or a deputy sheriff; and a vehicle operated by a qualified deputy sheriff or other qualified individual performing court security-related functions and services.
(2) Emergency lights used on an ambulance, an emergency medical service vehicle, a fire department vehicle, a fire vehicle or a hazardous material response vehicle may include one blue light mounted at facing toward the rear of the vehicle so that the light is primarily visible to approaching traffic from the rear only.
(3) The taillight of a vehicle, or replica of a vehicle, manufactured prior to 1952 and registered under section 457, may contain a blue or purple insert of not more than one inch in diameter.
Sec. 5. 29-A MRSA §2054, sub-§5, as amended by PL 2001, c. 360, §7, is further amended to read:
5. Exercise of privileges. The operator of an authorized emergency vehicle when responding to, but not upon returning from, an emergency call or fire alarm or when in pursuit of an actual or suspected violator of the law may exercise the privileges set forth in this subsection. The operator of an authorized emergency vehicle may:
A. Park or stand, notwithstanding the provisions of this chapter;
B. Proceed past a red signal, stop signal or stop sign, but only after slowing down as necessary for safe operation;
C. Exceed the maximum speed limits as long as life or property is not endangered, except that capital security officers and employees of the Department of Corrections may not exercise this privilege;
D. Disregard regulations governing direction of movement or turning in specified directions; and
E. Proceed with caution past a stopped school bus that has red lights flashing only:
(1) After coming to a complete stop; and
(2) When signaled by the school bus operator to proceed.
Nothing in this subsection prohibits the operator of an authorized emergency vehicle from activating emergency lights for the limited purpose of warning motorists when entering or exiting structures designed to house the emergency vehicles.
Sec. 6. 29-A MRSA §2057-A is enacted to read:
§2057-A. Preemptive traffic light devices prohibited
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Lighted traffic control device" means a traffic control device conforming to the requirements of section 2057, subsection 1.
B. "Preemptive traffic light device" means a device capable of altering or interrupting the normal cycle of a lighted traffic control device or equipment associated with the functionality of a lighted traffic control device.
2. Violation. A person commits a Class E crime if that person possesses a preemptive traffic light device or operates or allows the operation of a motor vehicle, vehicle, motorized wheelchair, electric personal mobility device, scooter or bicycle equipped with a preemptive traffic light device.
3. Exemptions. This section does not apply to:
A. An authorized emergency vehicle maintained by a municipality, county or state agency or an ambulance or emergency medical services vehicle as defined in section 2054, subsection 1;
B. Transit route buses engaged in the transportation of passengers and maintained by or contracted to a municipal, county or state agency; or
C. A vehicle used by the Department of Transportation for the purpose of installing, maintaining or testing a lighted traffic control device.
Sec. 7. 29-A MRSA §2307, sub-§§1, 2 and 3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, are amended to read:
1. Biannual inspection. Notwithstanding chapter 15, a school bus must be inspected by an official inspection station designated by the Chief of the State Police as a school bus inspection station, biannually during each August and February of the 2 months designated by the State Police in consultation with the Department of Education.
2. Additional inspection. In addition to inspection inspections under subsection 1, between September 1st and November 30th and between March 1st and May 31st a school bus inspection must be conducted by the State Police at least annually within 3 months following one of the inspections required by subsection 1.
3. Other dates. A school bus requiring inspection during a month other than August and February a month designated pursuant to subsection 1 that satisfies the inspection requirements must be issued the school bus inspection sticker that expires the next August or February, whichever is earlier month designated pursuant to subsection 1.
Sec. 8. 29-A MRSA §2411, sub-§1-A, ¶D, as enacted by PL 2003, c. 452, Pt. Q, §78 and affected by Pt. X, §2, is amended to read:
D. Violates paragraph A, B or C and:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% or greater.
Effective July 30, 2004, unless otherwise indicated.
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