CHAPTER 482
S.P. 667 - L.D. 1750
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §708, sub-§3, as enacted by PL 1991, c. 481, §2, is amended to read:
3. Exceptions. Exceptions from the provisions of this section are permitted only when:
A. Federal laws, rules and regulations take precedence over these provisions; or
B. The commissioner determines that there is a compelling safety interest that can not be addressed by any other method.; or
C. The commissioner determines that a lighting installation is related to a department bridge project of state and regional significance and is supported by municipalities directly affected by the installation.
Sec. 2. 23 MRSA §1912-B, first ¶, as amended by PL 1995, c. 663, §1, is further amended to read:
Pursuant to rules adopted under this section, the commissioner may authorize the placement of logo signs within the right-of-way of the interstate system. A logo sign may not be larger than existing service information signs permitted on the interstate highway. Logo signs may be installed only on portions of the interstate highway that are rural in character or on certain connector highways where it is necessary to establish continuity for logo signs erected on the Maine Turnpike. A logo sign may include only logos for gas, food, lodging and, camping and attractions. Applications from at least 3 qualified businesses must be approved before installation of a logo sign panel at an exit. Logos for 2 or more types of service may be displayed on the same sign panel. More than one logo sign panel may be installed at an exit only when 3 or more qualified businesses are available for each of 2 or more types of service. The number of logo sign panels at an exit may not exceed one for each type of service or a total of 4 5 for all types of services. Rules adopted under this section must regulate the size, shape, manner and location of logo signs and must describe the procedure for applying to the department for permission to erect a logo sign and the criteria used by the department to select among applicants. The commissioner shall establish an initial fee fees for the production and placement of a logo sign and an annual fee fees to cover the maintenance costs. Fees charged must approximate direct costs.
Sec. 3. 23 MRSA §1914, sub-§11-A, ¶B, as amended by PL 2005, c. 195, §1, is further amended to read:
B. The display on each side of a changeable sign:
(1) May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance;
(2) Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash; and
(3) May consist only of alphabetic or numeric text on a plain background and may not include any graphic, pictorial or photographic images.
Sec. 4. 29-A MRSA §2054, sub-§2, ¶C, as amended by PL 2005, c. 314, §12, is further amended to read:
C. The use of amber lights on vehicles is governed by the following.
(1) A vehicle engaged in highway maintenance or in emergency rescue operations by civil defense and public safety agencies and a public utility emergency service vehicle may be equipped with auxiliary lights that emit an amber light.
(2) A wrecker must be equipped with a flashing light mounted on top of the vehicle in such a manner as to emit an amber light over a 360` angle. The light must be in use on a public way or a place where public traffic may reasonably be anticipated when servicing, freeing, loading, unloading or towing a vehicle.
(3) A vehicle engaged in snow removal or sanding operations on a public way must be equipped with and display at least 2 an auxiliary lights mounted on the highest practical point on the vehicle and provide light that provides visible light coverage over a 360` range. The lights light must emit an amber beam of light, be at least 6 inches in diameter and be equipped with a blinking attachments or strobe light function and have sufficient intensity to be visible at 500 feet in normal daylight. In lieu of the lights specified, a vehicle may be equipped with at least one auxiliary rotating flashing light having 4-inch sealed beams and showing amber beams of light over a 360` range or an amber strobe, or combination of strobes, that emits at a minimum a beam of 1,000,000 candlepower and provides visible light coverage over a 360` range. When the left wing of a plow is in operation and extends over the center of the road, an auxiliary light must show the extreme end of the left wing. That light may be attached to the vehicle so that the beam of light points at the left wing. The light illuminating the left wing may be controlled by a separate switch or by the regular lighting system and must be in operation at all times when the vehicle is used for plowing snow on public ways.
(4) A vehicle equipped and used for plowing snow on other than public ways may be equipped with an auxiliary rotary flashing light that must be mounted on top of the vehicle in such a manner as to emit an amber beam of light over a 360` angle, or an amber strobe, or combination of strobes, that emits at a minimum a beam of 50 candlepower and provides visible light coverage over a 360` range. The light may be in use on a public way only when the vehicle is entering the public way in the course of plowing private driveways and other off-highway locations.
(5) A rural mail vehicle may be equipped with auxiliary lights.
(a) The lights used to the front must be white or amber, or any shade between white and amber.
(b) The lights used to the rear must be amber or red, or any shade between amber and red.
(c) The lights, whether used to the front or rear, must be mounted at the same level and as widely spaced laterally as possible.
(d) The lights, whether used to the front or rear, must flash simultaneously.
(e) The lights must be visible from a distance of at least 500 feet under in normal atmospheric conditions at night daylight.
(6) A vehicle used or provided by a contract security company to assist in traffic control and direction at construction or maintenance sites on a public way may be equipped with auxiliary lights. Effective July 1, 1996, the auxiliary lights must be amber. Prior to July 1, 1996, the auxiliary lights must be green or amber.
(7) A Department of Public Safety vehicle operated by a motor carrier inspector may be equipped with auxiliary lights that emit an amber light.
(8) A vehicle used by an animal control officer appointed pursuant to Title 7, section 3947 may be equipped with auxiliary lights that emit a flashing amber light.
(9) A refuse, garbage or trash business vehicle used by an individual to transport refuse, garbage and trash may be equipped with auxiliary lights that emit a flashing amber light.
Sec. 5. 29-A MRSA §2380, sub-§3, as amended by PL 2003, c. 452, Pt. Q, §70 and affected by Pt. X, §2, is further amended to read:
3. Maximum width; exceptions. A vehicle that is wider than 102 inches over all may not be operated on a public way or bridge. A portion of a vehicle or load may not project beyond the side of that vehicle to make a total width greater than 102 inches, except as provided in this subsection and subsection subsections 3-A and 4. Reflecting mirrors and turn signal lamps are excluded from measurement of width. The following conditions and appurtenances attached to a commercial motor vehicle are excluded from the measurement of width provided that if they do not extend more than 3 inches from the side of a vehicle:
A. Corner caps;
B. Rear and side door hinges and their protective hardware;
C. Rain gutters;
D. Side lamp markers;
E. Lift pads for piggyback trailers;
F. Hazardous materials placards;
G. Tarps and tarp hardware;
H. Tiedown assemblies on platform trailers;
I. Weevil pins and sockets on lowbed trailers;
J. Steps and handholds for entry and egress;
K. Flexible fender extensions;
L. Mud flaps and splash and spray suppressant devices;
M. Refrigeration units or air compressors;
N. Load-induced tire bulge; and
O. Wall variation from true flat.
Sec. 6. 29-A MRSA §2380, sub-§3-A is enacted to read:
3-A. Maximum width; additional exceptions. In addition to the exceptions in subsection 3, the following are excluded from the measurement of vehicle width:
A. Reflecting mirrors;
B. Turn signal lamps; and
C. Appurtenances on motor homes, truck campers and camp trailers, if such appurtenances extend no more than 6 inches from either side of the body of the vehicle.
Effective August 23, 2006.
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