NOTE: The following information is supplemental and is NOT part of the foregoing regulation. The information included in the pages that follow is for general reference only, and the accuracy thereof should be independently verified by the users of this manual.
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Maine State Police Inspection Unit
Application and Product Fee Information as of 09/01/2020
Inspection Technician Application Fee | $1.00 |
SBI Fee (criminal history check) | Required for the following applications: * Inspection Technician * Inspection Technician Renewal * Inspection Station -owners and on-site managers | $21.00 |
Inspection manual | This reference contains agency rules regarding the inspection of motor vehicles and the inspection program (16-222 Chapter 1), as well as other reference information. | $15.00 |
Window Tint Certificates | Package of 50 | $5.00 |
Commercial Vehicle Inspection forms (Periodic Inspection Report) | Package of 50 | $5.00 |
Inspection Stickers New Vehicle Dealers | Each | $2.50 $3.50 |
Inspection Fee information
TYPE | DESCRIPTION | FEE |
CLASS A Inspection | * All motor vehicles under 10,001 lbs. * At the station's option, any motor vehicle between 10,001 and 26,000 lbs without air brakes and not used in commerce. | Not more than $12.50 |
Class B Inspection | * School bus | $8.00 |
Class C Inspection | * Motorcycle | Not more than $12.50* |
Class D/T Inspection | * Vehicles with GVWR of 10,001 lbs or more and not used in commerce. Such as motor homes and public works vehicles, trailers without airbrakes and not used in commerce, etc. * Trailers less than 10,001 GVWR and not used in commerce. | Not more than $12.50* (Farm truck maximum is $45.00 per Title 29-A 1753.3) |
* Vehicles with GVWR of 10,001 lbs or more and used in commerce | Hourly labor rate |
Class E Inspection | * Enhanced inspection of gasoline powered vehicles required to be registered in Cumberland County, or any other gasoline power vehicles at owner's request. * Excluding motorcycles and school buses | Not more than $12.50 for pre-1974 vehicles Not more than $15.50 for 1974-1995 model year vehicles Not more than $18.50 for 1996 and subsequent model year vehicles |
*Fee as recommended by Maine State Police, Motor Vehicle Inspection Unit.
Below is a copy of a sticker stub of a 2019-20 inspection sticker. You will notice a few differences from previous year stubs. The purpose of this memorandum is to explain what information you will need to fill in. SEE BELOW:
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INSTRUCTIONS FOR USE OF INSPECTION REFUSAL FORM
The sample defect documentation form on the next this page was prepared for your convenience. You may copy this as many times as you would like to fill out and give to your customers if their vehicle is rejected for inspection.
Do not send these reject forms or information to the Maine State Police Motor Vehicle Inspection Unit.
Tell your customer that you are providing the defect form so they know why their vehicle failed inspection. Tell them that the defect form is for their own information only and that they are not to send the defect form to the State Police after the repairs are made.
There is no requirement that you use the defect form we have provided. You may create your own defect form or utilize the systems that you already have in place to give a written reason as to why the vehicle failed inspection. We are aware that many stations have a computer-generated printout that they can give customers explaining the reason(s) why the vehicle was rejected. You may continue this practice.
This rejection form must state that a complaint may be filed with Maine State Police Inspection unit online@ Maine.gov/dps/msp/investigation-traffic or by calling 207-624-8949.
Questions may be directed to the Maine State Police Motor Vehicle Inspection Unit at 624-8935 or 6248934.
MAINE STATE POLICE | MAINE STATE |
MOTOR VEHICLE INSPECTION UNIT | INSPECTION |
20 State House Station, Augusta, ME 04333 | REFUSAL |
207-624-8935 | RECORD |
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INSTRUCTIONS TO INSPECTION TECHNICIAN: After determining that the vehicle fails for inspection, fill out this sheet.
Complaints may be filed with Maine State Police Inspection unit on line @ Maine.gov/dps/msp/investigation-traffic or by calling 207-624-8949.
REGISTRATION TYPE | CODE | REGISTRATION TYPE | CODE |
Agriculture (passenger car) | AG | Horseless Carriage (Model A or T) | HC |
Agriculture (commercial) | AC | Island Use | IU |
Agriculture (farm) | AF | Lobster | LB |
Animal Welfare | AW | Lobster Commercial | LC |
Antique | AQ | Low Speed | LS |
Antique Motorcycle | MQ | Medal of Honor | MO |
Apportioned | AP | Modified Vehicle | CV |
Autocycle | AU | Moped | MP |
Barbara Bush | BH | Motorcycle | MC |
Black Bear | BB | Motor Home | MH |
Breast Cancer Support | BC | Municipal (city / county) | CI |
Bus | BU | Municipal Motorcycle | MM |
Combination (passenger/commercial) | CM | Over limit permit (CVEU) | PE |
Conservation | CN or CR | Over limit permit by LIC (CVEU) | PL |
Conservation Commercial | CC | Passenger Car | PC |
Conservation Disabled | CD | Pearl Harbor Survivor | PS |
Conservation Trailer | CL | Prisoner Of War | PO |
Conservation Motor Home | RV | Purple Heart | PH |
Commercial | CO | Purple Heart Motorcycle | PM |
County Sheriff's Departments | CS | Special Equipment | SE |
Dealer | DL | Special Veterans Motorcycle | VM |
Disability Special Vet | DS | State Vehicle | ST |
Disabled | DX | Street Rod | SR |
Disabled Motorcycle | MX | Support Our Troops | TS |
Disabled Motor Home | WX | Support Wildlife (Sportsman Specialty) | SW |
Disabled Veteran | DV | Tractor | TR |
Disabled Veteran Motorcycle | XV | Trailer | TL |
Disabled Veteran Parking Plate | VX | Trailer (starting with 800 series) | TT |
Emergency/Ambulance/Coach | AM | Transit | TN |
Farm Vehicle (farm use only) | FM | Truck Mounted Campers | TC |
Firefighter | FD | University of Maine | UM |
Hire (taxi) | TX | Veteran | VT |
Gold Star Family | GS | Wabanaki | WB |
PARTIAL INSPECTIONS
1.Partial inspection means an inspection that consists of running gear, steering, brakes, exhaust system and lights. Running gear means the wheels, axles, springs, and frame of a vehicle. If a vehicle has no windshield, the inspection sticker shall be kept with the registration certificate.2.Limited use farm trucks that bear the name of the municipality in which excise tax is paid and which are operated within a 20-mile radius from the main entrance of the farm where the vehicle is customarily kept are subject to the partial inspection listed above. In addition, limited use farm trucks must meet the safety glass requirements of 29-A MRSA § 1915 and safe tire requirements of 29-A MRSA § 1917. 3.Fish trucks that bear the name of the municipality in which excise tax is paid and which are operated within a 20-mile radius of the municipality in which excise tax is paid are subject to the partial inspection listed above. In addition, fish trucks must meet the safety glass requirements of 29-A MRSA § 1915 and visual tire requirements of 29-A MRSA § 1917(3).4.Woods tractors that are registered pursuant to 29-A MRSA § 509 or are exempt from registration and which are operated only during daylight hours, and only within a 10 mile radius of the premises where the tractor is customarily kept, and only between those premises and a woodlot used for the logging purposes by the owner and a filling station or garage for fuel or repairs, is subject to the partial inspection listed above. In addition, woods tractors are subject to the visual tire requirements of 29-A MRSA § 1917(3). Woods tractors are exempt from the inspection of lights as listed in the partial inspection. VEHICLES REGISTERED IN A FOREIGN STATE
Any vehicle registered in a foreign state or other jurisdiction may, at the discretion of the owner or operator, may have a Maine safety inspection at any licensed inspection station for the purposes of obtaining a Maine inspection sticker. If the vehicle passes the inspection, a Maine inspection sticker may be issued and affixed to the vehicle.
THIS INFORMATION IS A STEP-BY-STEP PROCEDURE FOR CLASS A INSPECTIONS.
This information is only a recommendation, your experience training and expertise may allow a different procedure.
1. Obtain vehicle registration.2. Verify VIN and registration.3. Proceed to the interior of the vehicle.4. Drive vehicle into service bays and check for brake pedal reserve, brake pedal fade, smooth shifting operation, and proper braking. Be aware of any other possible noises from wheel bearings, strut mounts, sway bar links, and bushings. Check speedometer for proper operation. Check for smooth operation of steering.5. While in the driver seat turn key to the on position, engine off. Observe all warning lights that are required to be checked for inspection, airbag, ABS and brake warning should cycle on and then remain off after vehicle started. While still in the interior of the vehicle check the following operations: A. Check all seatbelts for proper operation.B. Check front windows for proper operation.C. Check all door latches and hinges for proper operation.D. Release the hood mechanism E. Check parking brake operation.6. Exterior of vehicle. Open hood and check:
B. Master cylinder is full and not leaking.C. Check all brake lines to master cylinder and front wheels for rust and proper securement.D. Check for oil and fuel leaks.F. Check exhaust manifolds for leaks or cracks.G. Check all lights for proper operation.H. Bounce all four corners of vehicle to check struts and shocks for proper movement.7. Install a jack under the front lower control arms providing a load on the front suspension.A. Grasp front wheels moving the wheels back and forth and up-and-down to check for any play in ball joints, tie rod ends, control arm bushing's and wheel bearing. If I any play is observed check manufacturers recommended inspection procedures.
B. Install vehicle on the lift, refer to manufacturer's recommendations for lift points on vehicles (damage to vehicle may occur if this step is not followed).C. Raise vehicle to halfway position on the lift.D. Walk around vehicle and check struts and springs for any that are cracked, broken or damaged. With the vehicle suspension unloaded on the lift check each wheel moving them back-and-forth and up-and-down while checking for movement. (refer to all manufacturers specifications).F. Check that all outer body components are secure.G. Check all lenses and lights for cracking or broken components.H. Check all brakes and rotors observing them through the front rims. If a clear view cannot be obtained while checking brakes refer to inspection manual for further information.
8. Lift vehicle to fully lifted position.A. Check all underbody components for rust, including vehicle frame, unit body, K frames, floorboards, trunk pan, cross members, body mounts and bumper supports.B. Check exhaust system for any leaks or loose baffles in the catalytic converter or muffler.C. Check all brake lines and brake hoses for rust and proper securement.D. Rotate all wheels to make sure there is no binding from the brakes or wheel bearing noise.E. Check all wheels and tires.F. Check struts for leakage.H. Check all brake cables.9. Lower vehicle and issue a new inspection sticker if the vehicle meets minimum standards or provide the consumer with a written list of the defects if it fails. IMPORTANT INFORMATION REGARDING CATALYTIC CONVERTORS
Only CARB certified AMCCs or original equipment converters may be advertised, sold or installed on 2001 and newer vehicles certified by CARB or EPA 50 state certified.
Applies to 2001 and newer gasoline-powered cars, light-duty trucks, and medium-duty vehicles under 14,000 pounds GVW.
Does not apply to EPA certified and all pre-2001 vehicles.
Used catalytic converters are illegal to install or sell except for scrap metal recycling.
Warranty cards and records of retail sale or installation of AMCCs must be retained for four years, including date of sale, purchaser name and address, vehicle model and work performed. Records must be available for compliance review.
Be covered by a warranty for a period of 5 years or 50,000 miles of use.
Be compatible with the onboard diagnostic systems (OBD II) on 1996 and newer vehicles.
Contact: Peter Carleton at 207-242-6103
INSTALLER'S CHECKLIST FOR NEW AFTERMARKET CATALYTIC CONVERTERS
1) I have confirmed the need for a replacement catalytic converter. If the original converter is still installed, a diagnosis that it is malfunctioning is required.2) I have verified that the vehicle manufacturer's warranty for the original catalytic converter has expired. If the warranty has not expired, you must install an OEM catalytic converter. Warranties range from a minimum of 8 years/ 80,000 miles to 15 years/150,000 miles for hybrid and PZEV vehicles. Consult the owner's manual.3) I have confirmed that the vehicle model and engine family (test group) is included in the list for the catalytic converter model I intend to install, and the converter is currently approved for sale in California. It is illegal to select a converter for installation based solely on physical shape, size, configuration, or pipe diameter. www.maine.gov/dep/air or Carbcats.com 4) The replacement converter is installed in the same location as the original converter (the front face location is within three inches compared to the original design) with the identification clearly visible.5) All oxygen sensors are installed in their original location(s). HEADLAMP AIMING
All equipment for testing headlamps must comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.
MECHANICAL AIMER
If a mechanical aimer is used, it shall be in good repair and adjustment, and shall be used according to the manufacturer's instructions and must be calibrated to the slope of the floor on which the vehicle stands.
HEADLAMP TESTING MACHINE
If a headlamp testing machine is used, it shall give results equivalent to those obtained using the screen procedure shown below. It shall be in good repair and adjustment, and shall be used in accordance with the manufacturer's instructions. The machine using a photo-electric cell or cells to determine aim should also have a visual screen upon which the beam pattern is projected proportional to its appearance and aim on a screen at 25 feet. Such visual screen shall be plainly visible to the operator and should have horizontal and vertical reference lines to permit visual appraisal of the lamp beam.
HEADLAMP AIMING BY THE SCREEN METHOD
Locate the vehicle so that it is square with the screen and with the front of the headlamps directly over a reference line, which has been painted on the floor. Next, locate the center line on the aiming screen so that it is in line with the center of the vehicle. This can be done as shown below by sighting through the center of the rear window of the vehicle and over the hood ornament - have vehicle moved until it is in alignment with these two points. If there is no center hood ornament, mark the center of the front and rear windows with narrow strips of masking tape. Use these "sights" to locate the center line of the aiming screen directly in line with the vertical axis.
AIMING AREA REQUIRED
It is desirable to have a specific aiming area in a darkened location. This should be sufficient for the vehicle and an additional 25 feet measured from face of lamps to the front of the visual screen. The floor on which the car rests must be flat, and level with the bottom of the screen. If the floor is not level, compensate.
AIMING SCREEN
If a screen is used, it should be 5' high x 12' wide with a matte white surface well shaded from extraneous light, and properly adjusted to the floor on which the vehicle stands. Provisions may be made for moving the screen so that it can be aligned parallel with the rear axle and so that a horizontal line drawn perpendicularly from the centerline of the screen will pass an equal distance midway between the two headlamps. The screen shall be provided with a fixed vertical centerline, two laterally adjustable vertical tapes, and one vertically adjustable horizontal tape. If a regular commercial aiming screen is not available, the screen may consist of a vertical wall having a clear uninterrupted area approximately 6 feet high and 12 feet wide.
The surface should be finished with a washable non-gloss white paint.
After the aiming screen has been set up in its permanent location, it is necessary to paint a reference line on the floor directly under the lens of the lamps to indicate the proper location of the headlamps when they are being aimed.
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MOTORCYCLE HEADLIGHT AIMING 12.5 Foot Distance
Procedure: Tires must be inflated to the pressure recommended by the manufacturer. Conduct the test with the motorcycle in the upright position, with the rider seated in the normal riding position and the front wheel facing straight ahead. Inspect headlamps on the upper beam.
Vertical Aim: After measuring the height from the floor to the headlamp center, adjust the horizontal line on the chart to the corresponding height. Reject vehicle if the high intensity zone is higher than the horizontal line or more than 4 inches below it.
Lateral Aim: Reject vehicle if the high intensity zone is more than 6 inches right or left of the vertical line.
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Headlamp Aiming Procedure - High Beam
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Headlamp Aiming Procedure - Low Beam
Procedure: Tires must be inflated to the pressure recommended by the manufacturer. Conduct the test with the motorcycle in the upright position, with the rider seated in the normal riding position and the front wheel facing straight ahead.
Composite type lamps incorporating both the high and low beam in the same housing should be checked for alignment on the low beam. Alignment tolerances must be within four inches of the horizontal and vertical center.
High beam is aligned with the "hot spot" or center of the high intensity zone centered on the horizontal/vertical axis that is located at the same height as the headlamp at a distance of 25 feet.
Low beam is aligned by locating the beam pattern so the upper edge of the high intensity zone is at the horizontal axis and the left edge of the high intensity zone is at the vertical axis. The low beam "hot spot'' will be 2 to 4 inches down and S to 8 inches right of the horizontal/vertical axis.
SCHOOL BUS RECOMMENDED OUT-OF-SERVICE CRITERIA
Derived from National School Transportation Specifications and Procedures
(2015 Revised Edition)
BODY EXTERIOR
A. Any panel, rub rail or trim that is loose, torn, dislocated or protruding from the surface of the bus, creating a hazard (393.203); or B. Any engine, battery or other door that is not properly secured (393.203). BODY INTERIOR
Aisle
A. Aisle does not have the required clearance (571.217); or B. Obstructions in aisle that prevent passengers from egress to emergency exits (393.62) (393.203). Door (Entrance)
A. The student entrance door does not open or close properly;B. Door control handle does not lock in the closed position; orC. Door is equipped with a padlock or similar locking device (excludes interlock systems). Floor
Floor not maintained to prevent slipping or tripping by passenger(s).
Handrail
A. Handrail loose or missing; or B. Handrail fails the nut/drawstring test as defined by NHTSA. Panels
Any panel (e.g., ceiling, side or wheel well) protruding, having sharp edges or not secured so is likely to cause injury.
Seat (Driver)
A. Driver seat is not securely fastened to vehicle and/or fails to maintain adjusted position (393.93); or B. Any part of the driver's safety restraint assembly is missing, not properly installed or defective as to prevent proper securement of occupant [393.93(a)(b)] (571.209). Seat(s) and Barrier(s)
A. Any seat or barrier that is not securely attached to the vehicle (393.91);B. Any seat or barrier material(s) that compromises the integrity of compartmentalization and occupant protection (571.222); or C. Seat spacing fails to comply with 571.222. Stepwell
A. Any part of the step well or support structure that is damaged; or B. Any part of the step well tread that is loose, torn or damaged that would present a tripping hazard. BRAKE SVSTEM(S)
Adjustment
Any one brake beyond the adjustment limit (See Table 1: Brake Adjustment Specifications.)
Air System
A. Absence of effective braking action upon application of service brakes [393.48 (a)];B. Audible air leak at chamber (e.g., ruptured diaphragm, loose chamber clamp, etc.) [386.3(a)(1)];C. If an air leak is discovered and either the primary or secondary reservoir pressure is not maintained when these conditions exist [396.3(a)(1)]:2. Reservoir pressure is between 80-90 psi;3. Engine is at idle; and4. Service brakes are either fully applied or released Axle Brakes, General
A. Chamber size mismatched on axle [393.47(b)];B. Mismatched brake chamber long stroke verses regular stroke [393.47(b)]; orC. Mismatched slack adjuster length [393.47(c)]. Brake Shoe/Pad/Lining
A. Any lining thickness less than allowed by 393.47;B. Lining pad is cracked, broken, not firmly attached or missing (393.47) (surface or heat cracks in the lining should not be considered out of service);C. The friction surface of drum, rotor or friction material are contaminated by oil, grease or brake fluid (393.47);D. Loose or missing component (e.g., chambers, spiders, support brackets) (393.47);E. Fails to make contact with drum/rotor (e.g., frozen, binding, uneven) [393.48(a)];F. Absence of braking action on any axle (e.g., failing to move upon application of a wedge, 5-cam, cam or disc brake);G. Rotor or drum has evidence of metal to metal contact on the friction surface [393.47(d)(1)]; orH. Brake pad, lining or shoe missing [393.47(a)]. Drums/Rotors
A. External crack(s) that open upon application [393.47(a)]; or B. Any portion of the drum or rotor (discs) missing, broken, misplaced or cracked through rotor to center vent [393.47(a)].C. Any friction surface is rusted to the point of deterioration so that braking efficiency is compromised.* Hoses and Tubing
A. Brake hose with any damage extending through the outer reinforcement ply [393.45(a)];B. Audible leak at other than a proper fitting or connection [393.45(a)];C. Any bulge or swelling when brakes are applied [393.45(a)];D. Any restriction due to cracked, broken or crimped line/hose [393.45(a)]; orE. Any line, tubing, hose or connection that is not constructed to meet standard (571.106). Hydraulic Brake System
A. System brake failure light or low fluid light on or inoperative (393.51);B. Reservoir is below minimum level [393.45(a)] (571.106);C. Any seeping, leaking or swelling of hose(s) under pressure [393.45(a)];D. Any leak in master cylinder unit [393.45(a)] (571.106).E. Any observable fluid leak in the brake system;F. Brake failure warning system is missing, inoperative, disconnected, defective, or activated while the engine is running with or without brake application [393.51(b)] Parking Brake
A. Fails to hold vehicle in stationary position on normal roadway conditions (absence of ice or snow) in forward or reverse (393.41) [571.105 55.2.1 and 55.2.3(b)].B. Parking brake warning lamp fails to function as designed.C. Parking brake cable with any damage extending to the inner cable.* Pedal Reserve
No pedal reserve with engine running [393.40(b)].
Power Assist Unit
Fails to operate [396.3(a)(1)].
DIFFERENTIAL
Cracked or leaking housing [393.207(a)].
DRIVESHAFT
A. Drives haft guard loose, missing, improper placement or bent {393.89); or Universal joint(s) or center bearings are severely worn or faulty or obviously repaired/welded.*
ELECTRICAL/BATTERY
Battery
A. Battery not secured (393.30); Cables
A. Electrical cable or wire insulation chafed, frayed, damaged or compromised, causing bare cable to be exposed [393.28, 396.3{a)(1)];B. Missing or damaged protective grommets insulating main electrical cables through metal compartment panels (393.30). Windshield Wipers
Inoperative, missing or damaged wiper (393.78)
EMERGENCY EQUIPMENT
A. Fire extinguisher missing, not of proper type or size, not fully charged, has no pressure gauge, is not secured or is not readily accessible to the driver or passengers (393.95);B. Any additional state-specific equipment (e.g., first aid kit, body fluid kit, webbing cutter and emergency reflectors) that fails to meet state specifications and places the vehicle out of service; or C. Missing emergency triangles (571.125). OTHER STATE OF MAINE REQUIRED EQUIPMENT
1. First aid kit is empty or missing*2. Biohazard kit is missing or empty*3. Seat belt cutter is missing*4. Emergency reflectors are missing* EMERGENCY EXITS
A. Any emergency door, window or roof hatch that fail to open freely or completely as defined in 571.217;B. Door prop-rod device is missing.C. Any emergency exit equipped with a padlock or similar locking device (excludes interlock systems);D. Any vehicle that lacks the required number of emergency exits (571.217);E. Any emergency exit not properly labeled and marked both inside and outside the vehicle as specified by 571.217;F. Any item or modification that reduces the size of the opening and limits egress to the emergency exit by all passengers; or G. Emergency exit warning device is not audible in the driver seating position and/or the vicinity of the emergency door or window (571.217). ENGINE
A. Any fluid leak that would affect the safe operation of the vehicle or constitute a fire hazard.* EXHAUST SYSTEM
A. The exhaust system is leaking or discharging directly below or at a point forward of the driver or passenger compartment [393.83(g)]; or Note: Does not apply to proper venting for emission systems.
B. No part of the exhaust system shall be located and likely to result in burning, charring or damaging the electrical wiring, the fuel supply or any combustible part of the vehicle [393.83(a)]. FUEL SYSTEM
CNG or LPG Fuels
A. Any fuel leakage from the CNG Or LPG system detected audibly or by smell and verified by either a bubble test using non-ammonia, non-corrosive soap solution, or a flammable gas detection meter [396.3(a)(1)]. Note: Verification is needed to ensure that the sound is not either internal to the fuel system (such as gas flowing in a pressure regulator, or pressure equalizing between manifold tanks) or a leak in the air brake system.
B. Any fuel leakage from the CNG or LPG system detected visibly (evidence such as ice buildup at fuel system connections and fittings) and verified by either a bubble test using non-ammonia, noncorrosive soap solution, or a flammable gas detection meter [396.3(a)(1)]. Note: Some brief fuel leakage or decompression may occur during refueling, causing temporary frosting of CNG or LPG fuel system parts. If the vehicle has been refueled shortly before inspection, care must be taken to distinguish these temporary frosting occurrences from actual leaks.
liquid Fuels
A. Any part of the fuel tank or fuel system not securely attached to the vehicle (393.65);B. A fuel system with a dripping leak at any point (393.67 Tank); orC. Dripping leak (396.3(a)(1) leak other than tank); or D. Missing fuel cap or system does not seal as designed.LAMPS/SIGNALS
A. Any one of the following lamps not working: school bus overhead warning light (amber or red), stop arm lamp.B. Vehicle LED lamps must have at least 75% of the diodes illuminated.C. Horn fails to function as designed (393.81);D. Any critical brake, telltale lamp, buzzer or gauge that fails to function as designed;E. Required stop arm(s) fail to operate with overhead red lights as mandated (571.131); orF. If equipped, a crossing control device fails to extend and retract as designed. MIRRORS (571.111)
A. Any mirror required to provide the driver with the entire field of view, missing, damaged, clouded or otherwise obscured so as to place children in a hazardous position;B. Any crossover mirror system or portion thereof that fails to hold a set adjustment STEERING SYSTEM
Ball/Socket Joints
A. Any movement under steering load of a nut stud [396.3(a)(1)];B. Any motion, other than rotational, between any linkage member and it attachment point of more than 1/8 inch measured with hand pressure only [393.209(d)]; orC. Any obvious welded repair [393.209)(d)]. Front Axle Beam
Any crack(s) or obvious welded repair [396.3(a)(1)].
Nuts
Loose or missing fasteners on tie rod, pitman arm, drag link, steering arm or tie rod arm [396.3(a)(1)].
Pitman Arm
A. Looseness of the pitman arm on the steering gear output shaft [393.209(d)]; or B. Any obvious welded repair [396.3(a)(1)] [393.209(d)]. Power Steering
A. Auxiliary power assist cylinder loose [393.209(e)];B. Power steering system belts frayed, cracked or slipping [393.209(2)(e)]; orC. Power steering system leaking or insufficient fluid in reservoir [393.209(2)(e)].D. Power steering pump inoperable* Steering
A. Any modification or condition that interferes with free movement of any steering component [393.209(d)]; or B. Steering travel restricted through the limit of travel in both directions [570.GO(c)]. Steering Column/Wheel
A. Absence or looseness of U-bolts or other positioning part(s) [393.209(c)];B. Welded or repaired universal joint(s) [393.209(d)];C. Steering wheel not properly secured [393.209(a)]; orD. Steering wheel lash/free play exceeds manufacturers' specifications. Steering Gear Box
A. Mounting bolt(s) loose or missing [393.209(d)];B. Crack(s) in gearbox or mounting brackets (393.209(d)) [396.3(a)(1)];C. Any obvious welded repair(s) [396.3(a)(1)] [393.209(d)]; or D. Looseness of u-joints and/or yoke-coupling to the steering gear input shaft [393.209(d)]. Tie Rods/Drag Links
A. Loose clamp(s) or clamp bolt(s) on tie rod or drag link(s) [396.3(a)(1)]; orB. Any looseness in any threaded joint [396.3(a)(1)]. SUSPENSION COMPONENTS
Air Suspension
A. Deflated air suspension (one or more deflated air spring/bag) [393.207(f)]; or B. Air spring/bag is missing, broken, or detached at either the top or bottom {393.207(f)]. Axle Parts/Members
A. Any U-bolt or other spring to axle clamp bolt(s) which are cracked, broken, loose or missing [393.207(a)];B. Any axle, axle housing, spring hanger(s), or other axle positioning parts which are cracked, broken, loose, severely worn* or missing that results in shifting of an axle from its normal position [393.207(a)];C. Any worn (beyond manufacturer specifications) or improperly assembled U-bolt, shock, kingpin, ball joint, strut, air bag or positioning component [570.61 (a)];D. Any spring hanger, assembly part or portion of leaf which is broken, separated, severely worn* or missing [393.207(c)]; or E. Any broken coil spring [393.207(d)]. Bumpers
A. Front bumper is missing or not properly secured [393.203(e)]; or B. Rear bumper is missing or not secured (393.86). Chassis/Frame/Uni body
A. Any cracked, loose, sagging or broken, frame side rail. [393.201(a)];B. Any damage permitting the shifting of the body or imminent collapse of frame [393.201(a)];C. Any cracked, loose, broken frame member affecting support of functional components (e.g., steering gear, engine, transmission, body part or suspension) [393.201(a)];D. Any 3 adjacent cross members, outriggers or other structural supports cracked, missing, deformed or has rust holes.* Crossmembers
A. Any cross member, outrigger or other structural support which is cracked, missing or deformed that affects the structural integrity of the vehicle (393.201);B. Three or more adjacent crossmembers broken or detached (393.201); orC. Any area of the floor that is sagging or soft due to broken crossmembers (393.201). Outriggers/Body Supports
Any cross member, outrigger or other structural support which is cracked, missing, deformed or has rust holes where damage affects the safe operation of the vehicle.
TIRES/WHEELS/HUBS
Hub
A. Excessive wheel bearing or kingpin play that exceeds manufacturers' specifications*.B. Any bearing (hub) cap, plug, or filler plug that is missing or broken, allowing an open view into hub assembly [396.3(a)(1)];C. Smoking from wheel hub assembly due to bearing failure [396.3(a)(1)];D. When any wheel seal is leaking. This must include evidence of contamination of the brake friction material [396.S(b)]; Note: Grease/oil on the brake lining edge, back of shoe, or drum edge and oil stain with no evidence of fresh oil leakage are not conditions for an out-of-service violation.
E. No visible or measurable lubricant showing in bearing hub [396.S(a)]. Tire Inflation
Tire is flat or has noticeable leak [393.75(a)(3)].
Tire Sidewall
A. Any sidewall cut, worn or damaged to the extent that the steel or fabric cord is exposed [393.75(a)]; orB. Any observable bump, bulge or knot related to sidewall or tread separation [393.7S(a)].C. Any tire that is weather cracked to the degree that failure is imminent. NOTE*** Inspecting technicians must use their education, training and experience to determine if a tire is weather cracked to the degree that failure is imminent. The age of the tire along with the degree of weather cracking should be considered. Age of tire can be determined by the DOT date code on the sidewall of the tire.
Tire Tread Depth
A. Any front tire worn to less than 4/32 inch [393.75(b)]; orB. Any reartire worn to less than 2/32 inch [393.75(c)]. Tire Type
A. Any school bus operated with regrooved, recapped or retreaded tires on the front axle [393.75(d)]; orB. Any tire not of proper type (e.g., load range, size, mismatched on axle). Wheels/Rims/Spiders
A. Any nuts, bolts, studs, lugs or holes that are elongated, broken, missing, damaged or loose [393.205(b)];B. Any cracked or broken wheel or rim [393.205(a)]; orC. Any lock or slide ring broken, cracked, improperly seated, sprung or has mismatched rings [393.205(a)]. WHEELCHAIR LIFT-EQUIPPED VEHICLES
A. Wheelchair lift does not function as designed or is inoperable;B. Platform lift manufactured after April 1, 2005 must meet all the following criteria, (as referenced in FMVSS 403 and 404): 2. Manual backup operating mode;3. Interlocks to prevent forward or rearward mobility of the vehicle unless lift is stowed and lift doors are closed;4. Wheelchair retention device; and 5. Platform outer barrier, inner roll stop and threshold warning device.C. Any hydraulic line leaking during lift operation;D. Wheelchair restraint system is missing, incomplete or improperly installed, loose, damaged or does not adhere to the securement manufacturer's recommendations; orE. Any required wheelchair occupant restraint system not in compliance (571.222). WINDOWS
A. Any glass or glazing that is broken through or missing (393.60);B. Any glass not of approved type [393.60(a)];C. Windshield has discoloration or other damage in that portion extending upward from the height of the topmost portion of the steering wheel, but not including a two-inch border at the top and a one-inch border at each side of the windshield or each panel thereof, except as follows:1. Sun-screening or window-tinting material not above the ASl line (or the top 5 inches if no ASl line is visible) of the windshield.*2. Any crack not over 1/2 inch long, if not intersected by any other crack;D. Driver's area windows and windshield that have chips, cloudiness or defects that obscure the driver's vision. [393.60(c)]; or E. No operable defrosting and defogging system to clear the driver's windshield (571.103). *Item added or modified to meet Maine State Inspection Standards
Re-printed portion of MRSA Title 29-A of relevance to Motor Vehicle Inspections
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CHAPTER 15: INSPECTION AND REPAIR
SUBCHAPTER 1 INSPECTION
§ 1751. Motor vehicle inspection
1. Inspection required. Except as provided in this chapter or section 2307, subsection 1, a motor vehicle required to be registered in this State must have an annual inspection. A person may have a motor vehicle inspected more frequently. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Equipment subject to inspection. The following equipment is subject to inspection: A. Body components; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Brakes; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Exhaust system; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. Glazing; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. Horn; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]F. Lights and directional signals; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]G. Rearview mirrors; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]H. Reflectors; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]I. Running gear; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]J. Safety seat belts on 1966 and subsequent models; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]K. Steering mechanism; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]L. Tires; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]M. Windshield wipers; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]N. Catalytic converter on 1983 and subsequent models; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]O. Filler neck restriction on 1983 and subsequent models. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2-A. Enhanced inspection. Beginning January 1, 1999, a motor vehicle that is required to be registered in Cumberland County and that is subject to inspection pursuant to subsection 1 must have an annual enhanced inspection. The following equipment is subject to inspection: A. Equipment subject to inspection pursuant to subsection 2; [ PL 1997, c. 786, § 1 (NEW).]B. The fuel tank cap on 1974 and subsequent models of gasoline-powered vehicles; and [ PL 1997, c. 786, § 1 (NEW).]C. The on-board diagnostic system on 1996 and subsequent models. [ PL 1997, c. 786, § 1 (NEW).] A motor vehicle that is not required to be registered in Cumberland County may have an enhanced inspection under this subsection. [ PL 1997, c. 786, § 1 (NEW).]
3. Inspection fee. [ PL 2001, c. 234, § 1 (RP).]3-A. Inspection fees. An inspection station may charge the following fees: A. For inspections performed under subsection 2, the fee may not be more than $12.50; [ PL 2001, c. 234, § 2 (NEW).]B. For inspections of pre-1996 model vehicles performed under subsection 2- A, the fee may not be more than $15.50; and [ PL 2001, c. 234, § 2 (NEW).]C. For inspections of 1996 and subsequent model vehicles performed under subsection 2- A, the fee may not be more than $18.50. [ PL 2001, c. 234, § 2 (NEW).] The inspection fee is payable whether the vehicle passes inspection or not. [ PL 2001, c. 234, § 2 (NEW).]
4. Implementation. The enhanced inspection required by subsection 2-A must be implemented as follows. A. The fuel tank cap is subject to inspection beginning January 1, 1999. [ PL 1997, c. 786, § 3 (NEW).]B. The on-board diagnostic system is subject to inspection beginning January 1, 2000. A motor vehicle may not fail inspection for failure to meet the inspection standard for the on-board diagnostic system until January 1, 2001. [ PL 1997, c. 786, § 3 (NEW).] [ PL 1997, c. 786, § 3 (NEW).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 786, §§ 1-3 (AMD). PL 2001, c. 234, §§1,2 (AMD).
§ 1752. Motor vehicles exempt from inspection
The following are exempt from inspection: [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
1. Registered in another state. A motor vehicle owned and registered in another state and displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Farm tractors. A farm tractor; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Antique autos. An antique auto registered under section 457; [ PL 2017, c. 165, § 6 (AMD).]4. Farm truck. A farm truck that: A. Is operated within a 20-mile radius from the main entrance of the farm where the vehicle is customarily kept; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Has a partial annual inspection of the running gear, steering mechanism, brakes, exhaust system and lights; safety glass under section 1915; and tires under section 1917; and [ PL 2005, c. 314, § 7 (AMD).]C. Bears the name of the municipality in which the excise tax is paid in 4-inch letters on the left door of the cab; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2005, c. 314, § 7 (AMD).]5. Island vehicles. A motor vehicle that is: A. Used for the conveyance of passengers; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Registered for a fee of $2 under section 501, subsection 2- A; and [ PL 2001, c. 471, Pt. A, § 30 (AMD).]C. Operated exclusively on an island having no roads maintained or supported by the State; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2001, c. 471, Pt. A, § 30 (AMD).]6. Moped or motorized bicycle or tricycle. A moped or a motorized bicycle or tricycle; [ PL 2007, c. 348, § 1 (AMD).]7. Fish truck. A fish truck that: A. Is operated within a 20-mile radius of the municipality where excise tax on the truck is paid; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Has a partial annual inspection consisting of the running gear, steering mechanism, brakes, exhaust system and lights; safety glass under section 1915; and tires under section 1917, subsection 3; and [ PL 2005, c. 314, § 8 (AMD).]C. Bears the name of the municipality in which the excise tax is paid in 4-inch letters on the left door of the cab; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2005, c. 314, § 8 (AMD).] 8. Woods tractor. A converted motor vehicle used as a tractor solely for logging purposes that: A. Is registered as a tractor pursuant to section 509 or exempt from registration pursuant to section 510; [ PL 1997, c. 437, § 42 (RPR).]B. Is operated only during daylight hours, only within a 10-mile radius of the premises where the tractor is customarily kept and only between those premises and:(1) A woodlot used for logging purposes by the owner; and(2) A filling station or garage for fuel or repairs; and [ PL 1997, c. 437, § 42 (RPR).]C. Has a partial annual inspection of running gear, steering mechanism, brakes and exhaust system and tires under section 1917, subsection 3; [ PL 2003, c. 125, § 2 (AMD); PL 2003, c. 397, § 5 (AMD).] [ PL 2003, c. 125, § 2 (AMD); PL 2003, c. 397, § 5 (AMD).]9. Registered in this State. A motor vehicle registered in this State displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program for one year after the date of inspection; [ PL 2005, c. 314, § 9 (AMD).]10. Experimental motor vehicle. A vehicle registered as an experimental motor vehicle pursuant to section 470. An experimental motor vehicle must meet minimum equipment standards pursuant to section 470, subsection 2; [ PL 2011, c. 8, § 1 (AMD).]11. Low-speed vehicle. A low-speed vehicle registered pursuant to section 501, subsection 11. A low-speed vehicle must be equipped in accordance with section 1925; and [ PL 2011, c. 8, § 2 (AMD).]12. Antique motorcycle. An antique motorcycle registered under section 457. [ PL 2011, c. 8, § 3 (NEW).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 437, § 42 (AMD). PL 2001, c. 471, §A30 (AMD). PL 2003, c. 125, §§ 2-4 (AMD). PL 2003, c. 397, §§ 5-8 (AMD). PL 2003, c. 688, §A34 (AMD). PL 2005, c. 314, §§ 7-9 (AMD). PL 2007, c. 348, § 1 (AMD). PL 2011, c. 8, §§ 1-3 (AMD). PL 2013, c. 381, Pt. A, § 4 (AMD). PL 2017, c. 165, § 6 (AMD).
§ 1753. Inspection of commercial vehicles, trailers and semitrailers
1. Inspection required. Except as provided in subsection 4, a commercial motor vehicle that is required to be registered in this State, is used in intrastate or interstate commerce and has a gross vehicle weight or gross vehicle weight rating greater than 10,000 pounds, including the gross vehicle weight rating or gross weight of any trailer or semitrailer, must be inspected annually pursuant to this chapter. Except as provided in subsection 4, a trailer or semitrailer that has a gross vehicle weight or gross vehicle weight rating greater than 7,000 pounds, independent of the towing vehicle, must be inspected annually. A trailer or semitrailer must also be inspected annually when: A. Engaged in interstate commerce and used with a motor vehicle that has a gross vehicle weight or gross vehicle weight rating greater than 10,000 pounds, including the gross vehicle weight or gross vehicle weight rating of a trailer or semitrailer and load; or [ PL 2007, c. 348, § 2 (NEW).]B. Except as provided in subsection 4, engaged in intrastate commerce and used with a motor vehicle that has a gross vehicle weight or gross vehicle weight rating greater than 10,000 pounds, including the gross vehicle weight or gross vehicle weight rating of a trailer or semitrailer and load. [ PL 2007, c. 348, § 2 (NEW).] [ PL 2007, c. 348, § 2 (AMD).]2. Scope of inspection. The Chief of the State Police shall adopt rules for the inspection required by subsection 1 that meet the requirements of 49 Code of Federal Regulations, Section 396.17. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Fee. Except as provided in this subsection, the fee for an inspection under this section is based on the inspector's normal hourly labor charge and is due whether or not the vehicle passes inspection. A licensed inspection station shall post the hourly labor charge in a conspicuous place.
The fee for an inspection under this section of a farm truck registered under section 505 is $45. The inspection fee is payable whether the vehicle passes inspection or not.
[ PL 2007, c. 190, § 1 (AMO).]
4. Vehicles exempt from annual inspection. The following vehicles are exempt from the requirements of this section: A. When used exclusively in intrastate commerce, a trailer or semitrailer with a gross vehicle weight, including any load, that does not exceed 3,000 pounds; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. When used exclusively in intrastate commerce, a semitrailer designed and used exclusively for dispensing cable from reels attached to the semitrailer, commonly called a reel trailer, and any semitrailer designed and used exclusively to support the ends of poles being transported, commonly called a pole dolly, when the gross weight of the semitrailer and load does not exceed 12,000 pounds; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Any mobile home, empty storage trailer or empty storage semitrailer displaying a trailer transit plate in accordance with section 954, subsections 4 and 5; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. A farm truck or a fish truck exempted under section 1752; [ PL 2007, c. 348, § 3 (AMO).]E. A trailer or semitrailer displaying a valid certificate of inspection from another state or a federally approved commercial vehicle inspection program until the normal expiration of its certificate of inspection; and [ PL 2007, c. 348, § 4 (AMO).]F. A camp trailer. [ PL 2007, c. 348, § 5 (NEW).][ PL 2007, c. 348, §§ 3-5 (AMO).]5. Proof of inspection. Proof of inspection must be shown either by a report that certifies that the inspection satisfies the requirements of this section or by an inspection sticker placed on the vehicle. If proof is shown by a report, the report must be produced on the demand of a law enforcement officer. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2007, c. 190, § 1 (AMO). PL 2007, c. 348, §§ 2-5 (AMO).
§ 1754. Inspection by dealers and transporters
1. Inspection standards. A holder of a dealer license or a transporter registration certificate may permit a vehicle to be operated on a public way only if the vehicle:A. Meets inspection standards; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Is owned by the dealer or holder of the transporter registration certificate and is operated by the owner or the owner's employee for the sole purpose of travelling to a body repair establishment and is mechanically safe but requires body repairs; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Is sold or transferred to another person, meets inspection standards and displays a valid certificate of inspection issued within 60 days of the sale or transfer; [ PL 2001, c. 180, § 1 (AMD).]D. If operated by a dealer or holder of a transporter registration certificate, is operated only from a point of purchase to the licensee's place of business. For the purposes of this paragraph, "point of purchase" includes, but is not limited to, an auto auction, distribution center or another licensed vehicle dealer; or [ PL 2001, c. 180, § 1 (AMD).]E. Is owned by the dealer or holder of the transporter registration certificate and is operated by the owner or the owner's employee for the sole purpose of traveling to an inspection facility. [ PL 2001, c. 180, § 2 (NEW).] This subsection does not allow the operation of an unsafe motor vehicle on a public way.
[ PL 2001, c. 180, §§1, 2 (AMD).]
1-A. New motor vehicles exempt from inspection. A new motor vehicle owned by a new vehicle dealer, as defined in section 851, subsection 9, with a dealer plate is exempt from motor vehicle inspection requirements under section 1751 only if the motor vehicle is operated in a manner consistent with section 1002, subsection 1, paragraphs A and E. For purposes of this subsection, "new motor vehicle" means a motor vehicle of the current model year or model year immediately preceding the current model year that has not been previously registered or titled. This subsection does not allow the operation of unsafe motor vehicles on a public way.
[ PL 2011, c. 191, § 1 (NEW).]
2. Remove prior certificate. If the vehicle bears a prior inspection certificate, that certificate must be removed. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Violations. The provisions of this subsection apply to violations of this section. A. A violation of this section is a traffic infraction for which a penalty of not more than $1,000 for each violation may be assessed. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. A violation of this section is also a violation of the provisions governing unfair trade practice under Title 5, chapter 10. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. It is not a defense to this section that the dealer or holder did not know that the vehicle did not meet inspection standards or required a certificate. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1 993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2001, c. 180, §§1,2 (AMD). PL 2011, c. 191, § 1 (AMD).
§ 1755. Inspection of fire trucks
A fire chief, or a municipal official of a municipality without a fire chief, may contract with a licensed inspection station for a licensed inspection mechanic to perform an inspection at the location where fire trucks are customarily kept. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1756. Inspection standards
1. Inspection standards. Equipment subject to inspection must:A. Be in good working order; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Be safely attached or secured to the chassis or body of the vehicle; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] C. Be mechanically safe; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. Not pose a hazard to the occupant of the vehicle or to the general public; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. Meet the standards set forth in rules adopted by the Chief of the State Police. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Inspection standard for catalytic converter. Notwithstanding the inspection standards of subsection 1, a catalytic converter subject to the inspection required by section 1751, subsection 2, paragraph N must meet the rules promulgated by the Chief of the State Police and must be safely attached or secured to the chassis or body of the vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Windows. In addition to the standards set forth in subsection 1, windows must meet the standards of sections 1915 and 1916. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Fenders. Except as provided by section 1953, subsection 2, paragraph E, a motor vehicle other than a street rod must be equipped with fenders or fenders and extensions. When a wheel and tire are installed that permit the tire tread to extend beyond the natural fender configuration, the fenders must be modified or extended to cover the exposed tire tread. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Safety seat belts. [ PL 2007, c. 348, § 6 (RP).]6. Inspection standard for fuel tank cap. Notwithstanding the inspection standards of subsection 1, a fuel tank cap subject to the inspection required by section 1751, subsection 2- A, paragraph B must meet the standards in rules adopted by the Chief of the State Police. The Chief of the State Police shall adopt rules to establish procedures and standards for a fuel tank cap pressure test. [ PL 1997, c. 786, § 4 (NEW).]7. Inspection standard for on-board diagnostic system. Notwithstanding the inspection standards of subsection 1, an on-board diagnostic system subject to the inspection required by section 1751, subsection 2- A, paragraph C must meet the standards in rules adopted by the Chief of the State Police. The Chief of the State Police shall adopt rules that meet the requirements of 40 Code of Federal Regulations, Part 85 for on-board diagnostic test procedures, standards and equipment. [ PL 1997, c. 786, § 4 (NEW).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 786, § 4 (AMO). PL 2007, c. 348, § 6 (AMO).
§ 1757. Standard for rejection for nonfunctioning equipment
A motor vehicle must be rejected for violation of the inspection standard for equipment if any equipment described in section 1751, subsection 2 does not function sufficiently for the safety of the general public or is loose and not securely attached to the vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1758. Issuance of sticker; placement on vehicle
1. Windshield placement. If a motor vehicle meets the inspection standard, an official inspection sticker must be placed in the lower left-hand corner of the windshield or in the center of the windshield in back of the rearview mirror. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Without windshield. If the vehicle is not normally equipped with a windshield, the certificate of inspection must be kept with the registration certificate of the vehicle. This subsection does not apply to motorcycles. [ PL 2009, c. 624, § 1 (AMO); PL 2011, c. 167, § 3 (AFF).]3. Motorcycles; proof of inspection. If a motorcycle meets the inspection standard, upon payment of applicable inspection fees pursuant to section 1751, subsection 3-A a valid certificate of inspection and an official inspection sticker for the motorcycle must be issued. The certificate of inspection must be kept with the registration certificate of the motorcycle and the official inspection sticker must be affixed to the rear of the motorcycle on the registration plate. A. [ PL 2011, c. 167, § 2 (RP); PL 2011, c. 167, § 3, 7 (AFF).]B. [ PL 2011, c. 167, § 2 (RP); PL 2011, c. 167, § 3, 7 (AFF).] The official inspection sticker must be located so that it is completely and clearly visible from the rear of the motorcycle. If the registration plate is reassigned to another motorcycle pursuant to section 463, subsection 4, the certificate of inspection and the official inspection sticker expire upon reassignment. [ PL 2011, c. 167, § 2 (AMO); PL 2011, c. 167, § 3, 7 (AFF).]
SECTION HISTORY
PL 1 993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2009, c. 624, §§1, 2 (AMO). PL 2009, c. 624, § 4 (AFF). PL 2011, c. 167, § 2 (AMO). PL 2011, c. 167, § 3, 7 (AFF).
§ 1759. Temporary permits and warnings
1. Issuance. A law enforcement officer, an employee of a municipal police department designated by the chief, an employee of a sheriff's department designated by the sheriff, an employee of the Department of Public Safety designated by the Chief of the State Police or an employee of the Bureau of Motor Vehicles designated by the Secretary of State may issue a permit allowing operation of an uninspected vehicle to an inspection station for inspection. [ PL 2007, c. 348, § 7 (AMO).]2. Reconstructable vehicle. This section does not apply to reconstructable motor vehicles as defined in Title 10, section 1471. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Warning. The owner or operator of a vehicle operated with an expired inspection sticker during the first month immediately after expiration may not be issued a summons to court but may only be issued a warning. This warning must state that the vehicle must be inspected within 2 business days. Failure to comply with a warning is a violation punishable in accordance with section 1768. [RR 1993, c. 2, § 23 (COR).]RR 1993, c. 2, § 23 (COR). PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 41, §2 (AMO). PL 2007, c. 348, § 7 (AMO).
§ 1760. Examination and impoundment of vehicles
1. Examination for compliance. A law enforcement officer in uniform may stop and examine a motor vehicle to determine whether the vehicle's equipment complies with the requirements of section 1756. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Scope of inspection. The officer may demand and inspect the driver's license, the certificate of registration, permits and the identification numbers of the motor vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Probable cause for inspection. A law enforcement officer may require the operator to proceed to an official inspection station and submit the vehicle to an inspection and tests as may be appropriate on reasonable grounds to believe that: A. A vehicle is unsafe or not equipped as required by law; or [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. The vehicle's equipment does not conform to the inspection standard. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1761. Certified inspection mechanics
1. Performance of inspection. No person other than a holder of an inspection mechanic certificate may perform an inspection or issue or sign a certificate of inspection. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]1-A. Application and examination. A person may submit an application with the required fee under subsection 3 for an inspection mechanic certificate to the Department of Public Safety, Bureau of State Police and complete the examination up to 6 months prior to the person's 18th birthday. The Bureau of State Police may process the application and test the applicant up to 6 months prior to the applicant's 18th birthday but may not issue the certificate until the applicant is 18 years of age. [ PL 2003, c. 222, § 1 (NEW).]2. Requirements for inspection mechanic certification. To receive an inspection mechanic certificate, an applicant must:A. Pass a written or oral examination that is designed to test knowledge of motor vehicle inspection and the method of inspecting and testing motor vehicle equipment; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Be a person of honesty, integrity and reliability. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Examination fee. Applicants for inspection mechanic certification must pay to the Chief of the State Police a fee of $1 for an application for examination or for renewal of a certificate. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Term of certification. An inspection mechanic certificate is valid for a period of 5 years from the date of issue. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Renewal. An examination is not required if application for a renewal is made within one year of expiration. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Remission of certificate. [ PL 2009, c. 251, § 5 (RP).]7. Notification of change in place of employment. Prior to inspecting vehicles for a new employer, the holder of an inspection mechanic certificate shall notify the Chief of the State Police of a change of place of employment. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]8. Testing in parking area. Notwithstanding sections 1251, 1252 and 1253, a certified inspection mechanic who has a valid operator's license of any class may operate a motor vehicle in a parking area adjacent to an official inspection station for the purpose of testing equipment as required by the rules adopted pursuant to this chapter. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 222, § 1 (AMD). PL 2009, c. 251, § 5 (AMD).
§ 1762. Official inspection stations
1. Licensing of official inspection stations. The Chief of the State Police may license garages as official inspection stations. [ PL 2007, c. 348, § 8 (AMD).]2. Requirements. [ PL 2007, c. 348, § 9 (RP).]2-A. Requirements. To qualify as an official inspection station, a garage must comply with rules adopted by the Chief of the State Police. [ PL 2007, c. 348, § 10 (NEW).]3. Examination of premises and operator of garage. Before a license is granted, the premises must be examined and the operator of the garage investigated as to reliability and fitness. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Term of license. The license is valid for 2 years from the date of final license approval. [ PL 2007, c. 348, § 11 (AMO).]5. Licenses not transferable. A license may not be assigned or transferred or used at other than a designated location. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Posting of license on premises. A license must be posted in a conspicuous place at the designated location. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]7. Hearing; appeals. If a person is aggrieved by the decision of the Chief of the State Police in refusing approval, that person may, within 30 days of notification of refusal to license, request a hearing before the Chief of the State Police or the chief's designee. After the hearing, if an applicant is aggrieved by the final action of the chief, the applicant may appeal the decision in accordance with Title S, Part 18. [ PL 2007, c. 348, § 12 (AMO).]8. Enhanced inspection stations. Beginning January 1, 1999, official inspection stations located in Cumberland County shall offer enhanced inspections pursuant to section 1751, subsection 2-A and may not offer inspections pursuant to section 1751, subsection 2. Official inspection stations located outside of Cumberland County may offer inspections under section 1751, subsections 2 and 2- A. An inspection station that offers enhanced inspections shall employ an inspection mechanic certified to perform enhanced inspections. [ PL 1997, c. 786, § 5 (NEW).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 65, §A101 (AMO). PL 1995, c. 65, §§A13, C15 (AFF). PL 1997, c. 786, §5 (AMO). PL 2007, c. 348, §§ 8-12 (AMO).
§ 1763. Suspension or revocation of license or inspection mechanic certificate
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 adopted pursuant to section 1769. The penalty for a first offense is a license suspension for a period of up to 6 months. The penalty for a 2nd or subsequent offense is a license suspension for a period of up to one year or license revocation. [ PL 2007, c. 348, § 13 (AMO).]
Pursuant to Title 5, chapter 375, the Chief of the State Police or the chief's designee shall schedule a hearing, if requested by the owner of an official inspection station, an employee of that station or the inspection mechanic, to review the suspension or revocation. The suspension or revocation remains in effect pending the final agency decision and during any appeal of that decision. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
As a prerequisite to reinstatement following a license suspension or revocation, the Chief of the State Police may require an inspection mechanic to satisfactorily complete the inspection mechanic examination provided for in section 1761, subsection 2. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 633, § 3 (AMO). PL 2007, c. 348, § 13 (AMO).
§ 1764. Fleet inspection stations
1. License by Chief of the State Police. The Chief of the State Police may license fleet inspection stations to inspect 10 or more vehicles registered in the name of a single owner. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Requirements. To qualify as a fleet inspection station, a station must:A. [ PL 2007, c. 348, § 14 (RP).]B. Have at least 10 vehicles registered in the name of the fleet inspection station owner or be under contract to the owner of the fleet of vehicles for exclusive maintenance. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2007, c. 348, § 14 (AMO).]3. Limit to fleet vehicles. Fleet station inspections are limited exclusively to fleet vehicles. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Employment of certified inspection mechanics. A fleet inspection station must employ a sufficient number of certified inspection mechanics to inspect every vehicle in the fleet annually. A certified inspection mechanic may inspect fleets of vehicles at the fleet station, if proper inspection equipment is available.
Fleet vehicles must be inspected by a certified inspection mechanic who may issue and sign inspection certificates.
Fleet vehicle inspectors are subject to the same provisions as certified inspection mechanics.
[ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2007, c. 348, § 14 (AMO).
§ 1765. Out-of-doors inspections
A certified inspection mechanic may inspect a vehicle out-of-doors if: [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
1. Class of vehicles. The vehicle conforms to the class of vehicle that the inspection station license authorizes for inspection; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Altered vehicles. Alterations or additions to the basic design or structure of the vehicle not produced by the original manufacturer prevent the vehicle from entering inside the inspection station. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1766. Inspection stickers
1. Stickers remain property of State. Inspection stickers and materials issued to inspection stations by the Chief of the State Police remain the property of the State. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
2. Stock of stickers. An inspection station must stock a sufficient number of stickers to meet all demands. The stickers must be made of a material and quality of adhesive prescribed by the Chief of the State Police. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Fee. Except as provided in subsection 3- A, stickers are furnished by the Chief of the State Police at $2.50 each. [ PL 2011, c. 191, § 2 (AMD).]3-A. Fee for new vehicle dealers. Stickers furnished to a new vehicle dealer, as defined in section 851, subsection 9, by the Chief of the State Police are $3.50 each. [ PL 2011, c. 191, § 3 (NEW).]4. Statement of intent to hire a certified mechanic. If a station is disqualified by the loss of a certified mechanic, the owner shall, within S working days, return all stickers to the Chief of the State Police. The owner may file a statement of intent to hire a certified inspection mechanic within 14 working days, in which case the Chief of the State Police shall hold the returned stickers for the licensee.
If a statement of intent is not filed, returned stickers may be reissued.
[ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Return or refund of unused stickers. Within 20 working days of the calendar year or the suspension, revocation or termination of an inspection license, unused or expired stickers must be returned to the Chief of the State Police and the purchase price refunded or exchanged for current year stickers. Refunds or exchanges may only be made for full sheets of unused stickers. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Return of inspection materials. Upon suspension, revocation or termination of an inspection license, the station owner or manager shall return all inspection materials to the Chief of the State Police, who shall issue a receipt for the returned materials. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 786, § 6 (AMD). PL 1997, c. 786, § 14 (AFF). PL 2001, c. 234, § 3 (AMD). PL 2 011, c. 191, §§2, 3 (AMD).
§ 1767. Disposition of fees
The revenues generated by this chapter must be credited to the General Highway Fund. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1768. Unlawful acts
1. Display of fictitious certificate. A person commits a Class E crime if that person displays or permits to be displayed on a vehicle a certificate of inspection knowing the certificate to be fictitious or issued to another vehicle or issued without an inspection having been made. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Use of counterfeit certificate of inspection. A person commits a Class E crime if the person makes, possesses, issues or knowingly uses an imitation or counterfeit of an official certificate of inspection or a certificate of inspection that was not issued by an official inspection station in accordance with law. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Misrepresentation of vehicle inspection station. A person commits a Class E crime if that person represents a place as an official inspection station and the station is not operating under a valid license. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Issuance of certificate for substandard vehicle. A person commits a Class E crime if that person knowingly causes an official inspection sticker to be attached to a vehicle that does not conform to the inspection standard. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Operation of defective vehicle. A person may not operate a vehicle on a public way with equipment on the vehicle that does not conform to the standards set forth in rules adopted by the Chief of the State Police pursuant to section 1769. A. Except as provided in paragraphs Band C, a person who violates this subsection commits a traffic infraction. [ PL 2003, c. 688, Pt. C, § 13 (NEW).]B. A person who violates this subsection commits a Class E crime if the vehicle is unsafe for operation because it poses an immediate hazard to an occupant of the vehicle or the general public. [ PL 2003, c. 688, Pt. C, § 13 (NEW).]C. A person who violates this subsection and is involved in a motor vehicle accident caused by nonconformance with the rules adopted by the Chief of the State Police pursuant to section 1769 commits a Class E crime. [ PL 2003, c. 688, Pt. C, § 13 (NEW).] [ PL 2003, c. 688, Pt. C, § 13 (RPR).]6. Alteration after inspection. A person commits a Class E crime if that person alters equipment after inspection so that the equipment does not conform to the standards of this subchapter. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]7. Operation of vehicle without certificate of inspection. An owner or operator of a vehicle required to be inspected commits a traffic infraction if that person operates that vehicle or permits that vehicle to be operated without displaying a current and valid certificate of inspection or producing the certificate on demand of a police officer. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]8. Performance of inspections, issuance of inspection certificate by a person with a suspended or revoked inspection mechanic license. A person commits a Class E crime if, at a time when the person's inspection mechanic license is suspended or revoked pursuant to section 1763, the person: A. Performs a state motor vehicle inspection or federally approved motor vehicle inspection in order for a certificate of inspection or report to be issued by a 3rd party; or [ PL 2011, c. 448, § 1 {NEW); PL 2011, c. 448, § 4 (AFF).]B. Issues a state or federally approved certificate of inspection or report. [ PL 2011, c. 448, § 1 (NEW); PL 2011, c. 448, § 4 (AFF).] [ PL 2011, c. 448, § 1 (NEW); PL 2011, c. 448, § 4 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 688, §C13 (AMD). PL 2011, c. 448, § 1 (AMD). PL 2011, c. 448, § 4 (AFF).
§ 1769. Rules
1. Scope. The Chief of the State Police may adopt rules:A. For the administration and enforcement of this chapter; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. To designate periods of time during which owners of vehicles must display or produce a certificate of inspection; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Concerning the inspection of registered special mobile equipment not ordinarily operated over the highway. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] 1-A. Delay in effective date. Except for emergency rules adopted under Title S, section 8054, rules adopted under this section take effect 30 days after filing with the Secretary of State under Title S, section 8056, subsection 1, paragraph B. [ PL 2007, c. 135, § 1 (NEW); PL 2007, c. 135, § 2 (AFF).]2. Review of rules by Legislature. Rules adopted under this section are routine technical rules pursuant to Title S, chapter 375, subchapter 2-A. [ PL 2003, c. 340, § 2 (AMD).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 183, § 4 (AMD). PL 2003, c. 340, § 2 (AMD). PL 2007, c. 135, § 1 (AMD). PL 2007, c. 135, § 2 (AFF).
§ 1770. Penalties
1. General penalty. Notwithstanding Title 17-A, and unless otherwise specified, a violation of this chapter is a Class E crime, punishable by a fine of not less than $25 nor more than $500 or by imprisonment for not more than 30 days, or by both. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Traffic infraction. A violation of the rules adopted by the Chief of the State Police pertaining to this subchapter is a traffic infraction subject to a forfeiture of not less than $25 nor more than $250. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, § 2 (NEW).
SUBCHAPTER 2
REPAIR
§ 1801. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
1. Customer. "Customer" means a person, including, but not limited to, an agent, who contracts with a repair facility for repair of a motor vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Flat rate. "Flat rate" means a method of calculating charges for labor that is based on the specific repair done and not on the amount of time actually spent on that repair. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Repair. "Repair" means the examination, maintenance, servicing, adjustment, improvement, replacement, removal or installation of a part of a motor vehicle, including, but not limited to, body work, painting and incidental services such as storage and towing, and excluding the sale of motor fuel. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Repair facility. "Repair facility" means a motor vehicle repair facility offering services to the general public for compensation. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Shop supplies. "Shop supplies" means small parts and materials used or consumed in the process of repair, including, but not limited to, nuts and bolts, electrical wire, rags, tape, brake cleaners and other items maintained as inventory. [ PL 2005, c. 189, § 1 (NEW).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2005, c. 189, § 1 (AMD).
§ 1802. Maximum charge for repair
1. Written designation by customer. Before a repair facility begins repairing a customer's motor vehicle, the customer may designate in writing a specific amount of charges for repair in excess of which the customer does not agree to be liable without further specific agreement, either oral or written. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. No liability without agreement. A customer is not liable for a charge in excess of the specific amount designated in accordance with subsection 1 without further specific oral or written agreement. A repair facility shall charge a customer by using the same labor rate per hour and shop supplies calculation as is used in any estimate the repair facility provides. [ PL 2005, c. 189, § 2 (AMD).]3. Shop supplies. A repair facility may bill for shop supplies calculated as a percentage of labor or by other calculation, if disclosed to the customer, as a single line item. [ PL 2005, c. 189, § 3 (NEW).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2005, c. 189, §§2,3 (AMD).
§ 1803. Inspection of parts
Before demanding payment of any charge, a repair facility must allow a customer to inspect replaced parts and must return replaced parts to the customer on request unless the facility is required to return the parts to the manufacturer or distributor under a bona fide warranty or exchange arrangement. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1804. Used parts
Unless the customer specifically agrees before installation of the part, a repair facility may not install a used, reconditioned or rebuilt part. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1805. Notices
1. Form of notice. A repair facility must post the following notice in a place where it is reasonably likely to be seen by customers. The notice must be completed with information on charges and printed so that it is conspicuous and can be read by the average person. The following form must be used:
"NOTICE TO OUR CUSTOMERS
REQUIRED UNDER STATE LAW
Before we begin making repairs, you have a right to put in writing the total amount you agree to pay for repairs. You will not have to pay anything over that amount unless you agree to it when we contact you later.
Before you pay your bill, you have a right to inspect any replaced parts. You have a right to take with you any replaced parts, unless we are required to return the parts to our distributor or manufacturer.
We can not install any used or rebuilt parts unless you specifically agree in advance.
You can not be charged any fee for exercising these rights.
WE CHARGE$ PER HOUR FOR LABOR.
(We round off the time to the nearest.)"
[ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
2. Flat rate. The notice must also contain the following if it applies: "We also charge a flat rate for some repairs. Our service manager will explain what a flat rate is and show you how much it may cost you. A flat-rate charge may not match the time actually spent repairing your vehicle. PLEASE ASK US WHETHER WE WILL CHARGE YOU BY THE HOUR OR BY A FLAT RATE. We use the same labor rate method in any estimate we provide and any bill you receive." [ PL 2005, c. 189, § 4 (AMD).]
3. Availability of guide. [ PL 2005, c. 189, § 5 (RP).]4. Shop supplies. If the repair facility charges a separate line item for shop supplies, the notice must also contain the following: "WE CHARGE....... FOR SHOP SUPPLIES. Our service manager will explain shop supplies and how much they may cost you." [ PL 2005, c. 189, § 6 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 221, § 1 (AMO). PL 2005, c. 189, §§ 4-6 (AMO).
§ 1806. Fee prohibited
A repair facility may not, directly or indirectly, charge a fee for performing an obligation or for exercising a right under this subchapter. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1807. Unfair trade practice
A repair facility's failure to comply with this subchapter constitutes an unfair trade practice under Title S, chapter 10. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1808. Waiver prohibited
The duties imposed by and rights created under this subchapter may not be waived or otherwise modified. Any waiver or modification is contrary to public policy and is void and unenforceable. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1809. Savings clause
This subchapter is in addition to and does not limit or replace other rights or procedures provided by statute or common law. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
SUBCHAPTER 3
ABANDONED VEHICLES
§ 1851. Application
This subchapter applies to a vehicle that is: [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
1. Towed at request of owner or driver. Towed at the request of the owner or driver; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Towed because illegally parked or left standing or at officer's discretion. Towed pursuant to section 2068 or 2069 or at the direction of a law enforcement officer; [ PL 2007, c. 150, § 1 (AMO).]3. Towed because left without permission. Towed after being left on property without permission; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Left without permission. Left on property without the permission of the property owner or person in charge of the property or premises where the vehicle is located; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Left after repair completed. Left at a place of business after being repaired pursuant to a written work order signed by the person requesting the repair work; [ PL 2013, c. 496, § 14 (AMD).]6. Left on residential property. Left on an individual's residential property for more than 6 months; or [ PL 2013, c. 496, § 14 (AMD).]7. Left at storage facility. Left at a storage facility, if the owner has failed to pay storage or rental fees. [ PL 2013, c. 496, § 15 (NEW).] A vehicle towed for snow removal purposes is exempt from the provisions of this subchapter for 48 hours immediately following completion of the tow. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
A vehicle abandoned on an island without road access to the mainland is subject to the provisions of section 1860. [ PL 1995, c. 65, Pt. A, § 102 (NEW); PL 1995, c. 65, Pt. A, § 153 (AFF).]
A vehicle left without a transferable title on the premises of an independent entity that temporarily stores a damaged or dismantled vehicle pursuant to an agreement with an insurance company, financial institution or dealer and that is engaged in the sale or resale of damaged or dismantled vehicles is subject to the provisions of section 1862. [ PL 2011, c. 88, § 1 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 65, §A102 (AMD). PL 1995, c. 65, §§A153, C15 (AFF). PL 2007, c. 150, § 1 (AMD). PL 2011, c. 88, § 1 {AMD). PL 2013, c. 496, §§ 14, 15 (AMD).
§ 1852. Abandonment defined
For the purposes of this subchapter, a vehicle is considered "abandoned" if the owner or lien holder does not retrieve it and pay all reasonable charges for towing, storing and authorized repair of the vehicle within 14 days after the notices to the owner and lienholder are sent by the Secretary of State or 14 days after the advertisement is published as required in section 1854, subsection 4. There is a rebuttable presumption that the last owner of record of a motor vehicle found abandoned as shown in the files of the office of the Secretary of State is the owner of the motor vehicle at the time it was abandoned and the person who abandoned it. [ PL 2011, c. 46, § 1 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 137, § 1 (AMD). PL 2007, c. 150, § 2 (AMD). PL 2011, c. 46, § 1 (AMD).
§ 1853. Letter of ownership or certificate of title
If a person abandons a vehicle as described in section 1851, the owner of the premises or property where the vehicle is located may obtain a letter of ownership or a certificate of title by complying with this subchapter. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1854. Notification of vehicle owner
1. Notification in writing. Except as provided in subsection 1- A, the owner of the premises where a vehicle described in section 1851 is located or the owner's agent shall notify the Secretary of State that the owner or the owner's agent is in possession of that vehicle. The notification must be in writing and on a form provided by the Secretary of State. [ PL 2017, c. 240, § 1 (AMD).]1-A. Notification in writing; auto repair and storage facilities. The owner of the premises where a vehicle described in section 1851, subsection 5 or 7 is stored or the owner's agent shall notify the Secretary of State that the owner or the owner's agent is in possession of the vehicle within 14 days after the earliest date on which the vehicle owner is responsible for any unpaid charges for authorized repair or for storage and any related towing expenses incurred by the owner or the owner's agent. The notification must be in writing and on a form provided by the Secretary of State. [ PL 2017, c. 240, § 2 (NEW).]2. Contents of notification. A notification under this section must include the vehicle's make, model, year, body type, vehicle identification number and any registration and plates on the vehicle. This notification also must include the date the vehicle came into possession of the owner, the owner's agent or person in charge of the premises where the vehicle is located, under what circumstances the vehicle came into that person's possession and whether the vehicle is salvage. [ PL 2017, c. 240, § 3 (AMD).]3. Response. On receipt of a notification under this section, the Secretary of State shall inform the vehicle owner and lienholder, if any, by regular mail that the vehicle is being claimed under the abandoned vehicle law. The notice to the vehicle owner and lien holder, if any, must identify the vehicle by the year, make, model and vehicle identification number, give the name and address of the party claiming ownership, state the charges against the vehicle that the owner and lienholder, if any, must pay to retrieve the vehicle, and the date that the title or letter of ownership will pass to the new owner. If the party is claiming ownership of the vehicle pursuant to section 603, subsection 6, the notice must inform the vehicle owner and lienholder that the owner must pay to the Secretary of State the fee required in section 603 to transfer the title. A copy of this letter must be provided to the person claiming ownership. [ PL 2017, c. 240, § 4 (AMD).]4. Publication. If the Secretary of State finds no record of the vehicle, the owner of the premises where the vehicle is located shall publish a notice once in a newspaper of general circulation in the county where the premises is located. That notice must clearly: A. Describe the vehicle by the year, make, model and vehicle identification number; [ PL 1999, c. 137, § 1 (AMD).]B. State that if the owner of the vehicle or lienholder has not properly retrieved it and paid all reasonable charges for its towing, storage and repair within 14 days from the publication, ownership of the vehicle passes to the owner of the premises where the vehicle is located; and [ PL 2011, c. 46, § 2 (AMD).]C. State how the owner of the premises may be contacted. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2011, c. 46, § 2 (AMD).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 137, § 1 (AMD). PL 2001, c. 563, § 3 (AMD). PL 2007, c. 15O, §§ 3-S (AMD). PL 2009, c. 435, § 21 (AMD). PL 2011, c. 46, § 2 (AMD). PL 2017, c. 240, §§ 1-4 (AMD).
§ 1855. Owner or lienholder known
(REPEALED)
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 137, §2 (RP).
§ 1856. Change of ownership
1. Evidence of compliance. A person who has complied with section 1854, subsection 4 shall present evidence of compliance to the Secretary of State immediately after the 14-day notice period. The Secretary of State may not issue a letter of ownership or certificate of title until at least 21 days after the date on which the person who has possession of and control over the vehicle notified the Secretary of State by complying with section 1854, subsection 1 or 1-A and section 1854, subsection 2. [ PL 2017, c. 240, § 5 (AMD).]2. Issuance of certificate; letter of ownership. The Secretary of State, upon being satisfied that notice has been made to all parties with an interest in the vehicle, may issue certificates of title or letters of ownership as follows. A. For a vehicle not required to be titled, on presentation of sufficient evidence and payment of a $S fee, the Secretary of State may issue a letter of ownership to the owner of the premises on which the vehicle is located. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. For vehicles subject to chapter 7, on presentation of sufficient evidence and application for certificate of title in accordance with section 654 and payment of a fee set forth in section 603, the Secretary of State may issue a certificate of title to the owner of the premises on which the vehicle is located. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1999, c. 137, § 3 (AMD).] If the owner or lienholder of the vehicle retrieves it and pays the towing, storage and repair charges before the Secretary of State issues a letter of ownership or certificate of title, the person holding the vehicle must immediately release it to the person paying the charges and must immediately notify the Secretary of State of the release. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
A person who refuses to release a vehicle when reasonable charges are paid or does not notify the Secretary of State that the vehicle is no longer in the person's possession commits a Class E crime. [ PL 1999, c. 137, § 3 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 137, § 3 (AMD). PL 2007, c. 150, § 6 (AMD). PL 2011, c. 46, § 3 (AMD). PL 2017, c. 240, § 5 (AMD).
§ 1857. Limits
If the notification to the Secretary of State required by section 1854 is made more than 14 days after receipt of a vehicle described in section 1851 or if notification is not submitted to the Secretary of State, the person holding the vehicle may not collect more than 14 days of storage fees. Daily storage charges must be reasonable and total storage charges may not exceed $900 for a 30-day period. [ PL 2017, c. 240, § 6 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 137, § 3 (AMD). PL 2007, c. 150, § 7 (AMD). PL 2011, c. 46, § 4 (AMD). PL 2017, c. 240, § 6 (AMD).
§ 1858. Abandonment of vehicle on public way
Abandonment of a vehicle on a public way is a traffic infraction for which a fine of not less than $250 must be assessed. A person who is found to have abandoned a vehicle under this section is responsible for any towing or other charges that are directly related to the abandonment of the vehicle. [ PL 2007, c. 150, § 8 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 65, §A103 (AMD). PL 1995, c. 65, §§A153, C15 (AFF). PL 2007, c. 150, § 8 (AMD).
§ 1859. Removal of vehicle
Removal of a vehicle described in section 1851 or of any part or accessory from the vehicle without the written consent of the person in charge or the owner of the premises or property where the vehicle is located is a Class E crime. This section applies to all persons, including the owner of the vehicle. [ PL 1995, c. 65, Pt. A, § 104 (AMD); PL 1995, c. 65, Pt. A, § 153 (AFF); PL 1995, c. 65, Pt. C, § 15 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 65, §A104 (AMD). PL 1995, c. 65, §§A153,C1S (AFF).
§ 1860. Abandonment on an island
A person may not abandon a motor vehicle on any property on an island without consent of the owner of the property. The State, municipality or other political subdivision having jurisdiction over the island may order the owner of a vehicle illegally abandoned on an island to remove it at the vehicle owner's expense. If the owner of the vehicle refuses to remove the motor vehicle, or if the owner is unknown, the State or political subdivision may cause the vehicle to be removed from the island and may require reimbursement from the owner for the removal and the administrative and legal costs. Neither the State nor any political subdivision of the State is liable for any damage to the motor vehicle that may be caused by the removal. Failure to remove an illegally abandoned vehicle on an island within 30 days after written warning, or within 30 days of ice-out if ice prevents the island from being reasonably accessible, is a Class E crime. [ PL 1995, c. 65, Pt. A, § 105 (NEW); PL 1995, c. 65, Pt. A, § 153 (AFF); PL 1995, c. 65, Pt. C, § 15 (AFF).]
SECTION HISTORY
PL 1995, c. 65, §A105 (NEW). PL 1995, c. 65, §§A153,C15 (AFF).
§ 1861. Holding vehicle and its accessories
A person holding or storing an abandoned vehicle, holding or storing a vehicle towed at the request of the vehicle's operator, owner or owner's agent or holding or storing a vehicle stored at the request of a law enforcement officer may hold the vehicle and all its accessories, contents and equipment, not including the personal effects of the registered owner, until reasonable towing and storage charges of the person holding or storing the vehicle are paid, except that a person may not hold the perishable cargo of a commercial motor vehicle, as defined in 49 Code of Federal Regulations, Part 390.5, as amended, when the perishable cargo being transported in interstate or intrastate commerce is not owned by the motor carrier or driver of the commercial motor vehicle being held and the person holding or storing the towed vehicle is presented with evidence of insurance, as defined in section 1551, covering the commercial motor vehicle and the vehicle's cargo. For purposes of this paragraph, "perishable cargo" means cargo of a commercial motor vehicle that is subject to spoilage or decay or is marked with an expiration date. [ PL 2017, c. 120, § 1 (AMD).]
For purposes of this section, "personal effects" includes medications, medical equipment, clothing, mail, child restraint systems and similar items. Except for child restraint systems, items attached to the vehicle and business equipment, machinery and tools are not considered personal effects. For the purposes of this section, "child restraint system" has the same meaning as in section 2081, subsection 1, paragraph A-2. [ PL 2019, c. 299, § 1 (AMD).]
SECTION HISTORY
PL 2007, c. 150, § 9 (NEW). PL 2017, c. 120, § 1 (AMD). PL 2019, c. 299, § 1 (AMD).
CHAPTER 17 EQUIPMENT
SUBCHAPTER 1 GENERAL PROVISIONS
§ 1901. General restriction
A person may not use a vehicle on a public way or sell or equip a vehicle for use on a public way with aftermarket equipment contrary to this Title or contrary to the rules of the Chief of the State Police. [ PL 2007, c. 121, § 1 (AMD).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2007, c. 121, § 1 (AMD).
§ 1902. Brakes
1. General rule. A motor vehicle must have adequate brakes in good working order that are sufficient to control the vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Specific standards. Brakes must be adjusted so as to stop: A. A 2-wheel brake vehicle, within a distance of 45 feet, from a speed of 20 miles per hour; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. A 4-wheel brake vehicle, within 30 feet, from a speed of 20 miles per hour; or [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. A motorcycle, within 30 feet, from a speed of 20 miles per hour. [ PL 2005, c. 577, § 22 (AMO).] [ PL 2005, c. 577, § 22 (AMO).]3. Parking brakes. A vehicle, except a 2-wheel motorcycle, must be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice or loose material. Parking brakes: A. Must be capable of being applied by the driver's muscular effort, spring action or equivalent means; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. May be operated with assistance of the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism does not prevent the parking brakes from being applied; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Must be designed so that, once applied, they remain applied with the required effectiveness despite leakage or exhaustion of any source of energy; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. May share the same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanisms associated with the wheel brake assemblies used for service brakes; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. If the means of applying the parking and service brakes are connected, must be constructed so that failure of one part does not leave the vehicle without operative brakes. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2005, c. 577, § 23 (AMO).]4. Trucks; specific requirements. Special mobile equipment or a truck, truck tractor, trailer or semitrailer must be equipped with adequate brakes acting on all wheels of all axles, except that the following need not meet this requirement: A. A trailer or semitrailer not exceeding a gross weight of 3,000 pounds; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. A vehicle towed by use of a wrecker; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. A vehicle meeting braking requirements of the motor carrier safety regulations of the United States Department of Transportation; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. A semitrailer with a gross weight of semitrailer and load not to exceed 12,000 pounds, designed and used exclusively:(1) For the dispensing of cable from attached reels, commonly called a reel trailer; or(2) To support the end of poles while being transported, commonly called a pole dolly; and [ PL 1999, c. 183, § 5 (AMO).]F. A dolly axle, so-called, on a farm truck transporting agricultural products and supplies. A dolly axle may not be considered in determining the gross weight or axle limits permitted on the vehicle.
A 2-axle or 3-axle farm truck equipped with a dolly axle is considered a 2-axle or 3-axle vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1999, c. 183, § 5 (AMO).]
5. Multiple axles. If equipped with 3 or more axles, a truck, tractor or truck tractor manufactured prior to August 1, 1980 need not have brakes on the front wheels; if the vehicle is equipped with 2 or more steerable axles, the wheels of one such axle need not have brakes. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Rules. The Chief of the State Police may adopt rules governing the sufficiency and adjustment of brakes. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 183, § 5 (AMO). PL 2005, c. 577, §§ 22, 23 (AMO).
§ 1903. Adequate signaling device; use
1. Signaling device required. A person may not operate a motor vehicle without a suitable and adequate horn or other device for signaling. [ PL 2003, c. 452, Pt. Q, § 19 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]
2. Unnecessarily sounded. A person may not unnecessarily sound a signaling device or horn. [ PL 2003, c. 452, Pt. Q, § 19 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 452, §Q19 (RPR). PL 2003, c. 452, § X2 (AFF).
§ 1904. Headlights
1. General rules; headlights. A person may not operate a motor vehicle that does not meet the following requirements concerning headlights.A. A motor vehicle must be equipped with headlights. [ PL 2003, c. 452, Pt. Q, § 20 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]B. Headlights must be of sufficient power and so adjusted and operated as to enable the operator to proceed with safety under all ordinary conditions of highway and weather. [ PL 2003, c. 452, Pt. Q, § 20 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).] [ PL 2003, c. 452, Pt. Q, § 20 (RPR); PL 2003, c. 452, Pt. X, § 2 (AFF).]2. Location of headlights. On a motor vehicle, a headlight must be located at a height, measured from the center of the headlight, of not more than 54 inches nor less than 22 inches above the level surface on which the vehicle stands. Headlights on snow plows may be at a height greater than 54 inches. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. White light. Headlights must be equipped with lenses or reflectors that emit only white light. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Number of headlights. The following rules apply regarding the mounting of headlights. A. A motor vehicle must have mounted on the front at least 2 headlights, one on each side. [ PL 2003, c. 452, Pt. Q, § 21 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]B. A motorcycle must have one mounted headlight. [ PL 2005, c. 577, § 24 (AMO).] [ PL 2005, c. 577, § 24 (AMO).]5. Requirements. The following requirements apply to a headlight. A. If the vehicle is mechanically constructed so that it is limited to less than 15 miles per hour, it must have headlights capable of furnishing sufficient candlepower to render any substantial object clearly discernible on a level way at least 50 feet directly ahead and at the same time at least 7 feet to the right of the axis of the vehicle for a distance of at least 25 feet. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. If the vehicle is mechanically constructed so that it can exceed 15 miles per hour, it must have headlights capable of furnishing sufficient candlepower to render any substantial object clearly discernible on a level way at least 200 feet directly ahead and at the same time at least 7 feet to the right of the axis of the vehicle for a distance of at least 100 feet. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. A headlight capable of furnishing more than 4 candlepower, if equipped with a reflector, may not be used unless the headlight is designed, equipped or mounted so that no portion of the beam of light, when projected 75 feet or more ahead, rises above a plane of 42 inches higher than and parallel with the level surface on which the vehicle stands. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. The top of a main beam of light may not be higher than the headlight center. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. An electric bulb or other lighting device of a greater capacity than 32 candlepower may not be used, except for the standard equipment sealed beam unit. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]F. A headlight may not project the top of a main beam, at a distance of 25 feet ahead of the vehicle, on an approximately level stretch of highway, onto the body of a person or an object, at a height greater than that of the center of the front light from the highway. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Motorcycle. A motorcycle that does not have an adequate beam for headlights is restricted to daytime operation. [ PL 2005, c. 577, § 25 (AMO).]7. Exception for farm tractors. This section does not apply to unregistered farm tractors. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 452, §§Q20,21 (AMO).
PL 2003, c. 452, § X2 (AFF). PL 2005, c. 577, §§ 24, 25 (AMO).
§ 1905. Rear lights
1. Requirement. Except as provided in subsection 3, a motor vehicle with 3 or more wheels or a trailer or semitrailer must have on the rear 2 lights, one on each side of the axis, each capable of displaying a red light visible for a distance of at least 100 feet behind the vehicle. [ PL 2005, c. 314, § 10 (AMD).]2. Vehicles used in conjunction. When a vehicle is used in conjunction with another vehicle, only the last must carry the lights. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Vehicles manufactured with one rear light. If a vehicle was manufactured with only a single rear light, that light is sufficient if the light complies with the visibility requirement and is in the center or to the left of the vehicle's axis. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Exception for farm tractors. This section does not apply to unregistered farm tractors. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2005, c. 314, § 10 (AMD).
§ 1905- A. Turn signal
1. Requirement. Except as provided in subsection 3, a motor vehicle, trailer or semitrailer must be equipped with electric flashing turn signal lamps. A motor vehicle must emit white or amber light from the turn signals to the front of the vehicle and a motor vehicle, trailer or semitrailer must emit amber or red light from the turn signals to the rear of the vehicle. [ PL 1995, c. 584, Pt. A, § 2 (NEW).]2. Vehicles physically connected. When a vehicle that is being operated is physically connected to another vehicle, only the last vehicle must carry turn signals to the rear. [ PL 1995, c. 584, Pt. A, § 2 (NEW).]3. Vehicles manufactured without turn signal. Automobiles and trucks less than 80 inches in width, manufactured or assembled prior to January 1, 1953 need not be equipped with electric turn signal lamps. [ PL 1995, c. 584, Pt. A, § 2 (NEW).]4. Exception for farm tractors. This section does not apply to unregistered farm tractors. [ PL 1995, c. 584, Pt. A, § 2 (NEW).]SECTION HISTORY
PL 1995, c. 584, §A2 (NEW).
§ 1905- B. Brake lights
1. Requirement. All factory-installed brake lights or equivalent replacements on a motor vehicle, trailer or semitrailer must be present and operating properly and must emit a steady red light when a slight pressure is placed on the brake pedal, and the light emitted must be visible for a distance of at least 100 feet behind the vehicle. For purposes of this section, "steady red light" means a red light that is either immediately constant and not pulsating or that pulsates for a short period and then becomes constant. [ PL 2015, c. 176, § 2 (NEW).]2. Vehicles used in conjunction. When a vehicle is used in conjunction with another vehicle, only the last vehicle must carry the lights required in subsection 1. [ PL 2015, c. 176, § 2 (NEW).]3. Exception for farm tractors. This section does not apply to unregistered farm tractors. [ PL 2015, c. 176, § 2 (NEW).]SECTION HISTORY
PL 2015, c. 176, § 2 (NEW).
§ 1906. Clearance lights
MRS Title 29-A. MOTOR VEHICLES AND TRAFFIC
1. Requirements for vehicle 7 feet or more in width. A vehicle 7 feet or more in width must have a green or amber light attached to the extreme left of the front, adjusted to indicate the extreme left lateral extension of the vehicle or load and at least one red light on the extreme left lateral extension of the vehicle or load on the rear. [ PL 2003, c. 452, Pt. Q, § 22 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]2. Requirements for closed body vehicle 8 feet or more in height. A vehicle with a closed body 8 feet or more in height must display 2 green or amber lights attached to the extreme left of the front of its body, one at the top and the other at the bottom. The vehicle must also display at least one red light on the extreme upper left lateral extension of its body. [ PL 2003, c. 452, Pt. Q, § 22 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]3. Visibility. Body width lights and height lights must be visible not less than 200 feet in the direction towards which the vehicle is proceeding or facing. [ PL 2003, c. 452, Pt. Q, § 22 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]4. Reflector alternative. In place of body width lights and height lights, a vehicle may be equipped with an adequate reflector conforming as to color and location to the requirements for the light. [ PL 2003, c. 452, Pt. Q, § 22 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]5. Application. This section does not apply to unregistered farm tractors. [ PL 2003, c. 452, Pt. Q, § 22 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 452, §Q22 (RPR). PL 2003, c. 452, § X2 (AFF).
§ 1907. Rear reflectors
A vehicle must be equipped with at least one adequate reflector securely attached to the rear. The reflector: [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
1. Part of rear light. May be a part of the rear light; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Color. Must be red; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Reflection. Must be designed, located and maintained to reflect at night on an unlighted highway, from at least 200 feet, the lawful undimmed headlights of a vehicle approaching from the rear. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Exceptions. This section does not apply to animal-drawn vehicles or unregistered farm tractors. [ PL 2019, c. 170, § 1 (AMO).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2019, c. 170, § 1 (AMO).
§ 1908. Location of rear lights, reflectors and signal lamps
On a vehicle 7 feet wide or wider, all rear lights, reflectors and signal lights must be within 12 inches of the extreme extension of the vehicle. On flat-body dump trucks, rear lights and signal lamps may be mounted on the rear of the frame. This section does not apply to unregistered farm tractors or to trailers with rear lights, reflectors and signal lights installed by the commercial manufacturer. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1909. Registration lamp
A vehicle must have a white light capable of illuminating the rear registration plate so that the characters on the plate are visible for a distance of at least SO feet. This section does not apply to unregistered farm tractors. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1909- A. Fog lights
1. Fog lights. A motor vehicle may be equipped with 2 fog lights upon the front of the motor vehicle that emit amber or white light as long as the rays from the lights do not shine more than 2 feet above the road at a distance of 30 feet. A fog light mounted higher than the center of the main headlights may not be illuminated while a motor vehicle is being operated on a public way. [ PL 2003, c. 340, § 3 (NEW).] SECTION HISTORY
PL 2003, c. 340, § 3 (NEW).
§ 1909- B. Optional auxiliary lighting
1. General restrictions. Except as otherwise provided by section 2054 and any other law or rule, a vehicle may be equipped with or display an auxiliary light, as defined by section 2054, subsection 1, paragraph C, only if it conforms to the requirements of this section. [ PL 2005, c. 183, § 1 (NEW).]2. Color. The color of an auxiliary light must be as follows:A. White or amber if the light is on the front of the vehicle; [ PL 2005, c. 183, § 1 (NEW).]B. Amber if the light is on the side of the vehicle; or [ PL 2005, c. 183, § 1 (NEW).]C. Amber or red if the light is on the rear of the vehicle. [ PL 2005, c. 183, § 1 (NEW).] [ PL 2005, c. 183, § 1 (NEW).]3. Beam. An auxiliary light must emit a steady beam of light and may not blink, oscillate, rotate or flash. [ PL 2005, c. 183, § 1 (NEW).]4. Brightness. An auxiliary light may not emit a beam that is brighter than, has a greater candlepower than or distracts from the visibility of standard lighting equipment required by this Title or by the inspection rules adopted by the Chief of the State Police pursuant to section 1769. [ PL 2005, c. 183, § 1 (NEW).]5. Operator visibility. An auxiliary light may not be installed in a manner or on the vehicle so that it distracts or impairs the vision of the operator. [ PL 2005, c. 183, § 1 (NEW).]6. Under-vehicle lighting. An auxiliary light is under-vehicle lighting if it is a lighting device or lamp, including, but not limited to, a neon or fluorescent tube, installed under the chassis and it is designed to illuminate and reflect from the surface beneath the vehicle. A vehicle may be equipped with under-vehicle lighting for the purpose of participating in shows, events or other exhibitions, but the lighting may not be used or the vehicle illuminated with under-vehicle lighting on a public way. [ PL 2005, c. 183, § 1 (NEW).]7. Violation. A person who operates a motor vehicle equipped with, illuminated by, displaying or using an auxiliary light in violation of this section commits a traffic infraction. [ PL 2005, c. 183, § 1 (NEW).] SECTION HISTORY
PL 2005, c. 183, § 1 (NEW).
§ 1909- C. Animal-drawn vehicles
An animal-drawn vehicle operated on a public way during nighttime must be equipped with the following: [ PL 2019, c. 170, § 2 (NEW).]
1. Light. An oil lantern or electric lights attached to the left side of the vehicle that displays a red light toward the rear of the vehicle and a white light toward the front of the vehicle; and [ PL 2019, c. 170, § 2 (NEW).]2. Reflective tape. Grade DOT-C2 white reflective tape as described in 49 Code of Federal Regulations, Section 571.108, in effect on March 26, 2019, applied to the vehicle as follows: A. Seventy-two inches of reflective tape applied in segments that outline the rear frame of the vehicle; [ PL 2019, c. 170, § 2 (NEW).]B. Thirty-six inches of reflective tape on each side of the vehicle, applied in segments that outline the frame on each side with at least 2 segments applied to the upper borders; and [ PL 2019, c. 170, § 2 (NEW).]C. Forty-two inches of reflective tape applied in segments that outline the front frame of the vehicle. [ PL 2019, c. 170, § 2 (NEW).] [ PL 2019, c. 170, § 2 (NEW).] SECTION HISTORY
PL 2019, c. 170, §2 (NEW).
§ 1910. Rules governing lights on vehicles
The Chief of the State Police may adopt rules governing the adjustment, use and operation of lights on vehicles. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1911. Hydraulic brake fluid
1. Definition. "Hydraulic brake fluid" means the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Requirement. Hydraulic brake fluid must be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Rules. The Commissioner of Public Safety may adopt rules establishing standards and specifications for hydraulic brake fluid that must correlate with and, so far as practicable, conform to current standards and specifications of the Society of Automotive Engineers applicable to the fluid. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Prohibition. A person may not distribute, have for sale, offer for sale, sell or service a vehicle with hydraulic brake fluid unless that fluid complies with the requirements of this section. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1912. Mufflers
1. Muffler required. A person may not operate a motor vehicle unless that vehicle is equipped with an adequate muffler properly maintained to prevent excessive or unusual noise. For purposes of this subsection, "excessive or unusual noise" includes motor noise emitted by a motor vehicle that is noticeably louder than similar vehicles in the environment. [ PL 2009, c. 639, § 1 (AMD).]2. Cutouts prohibited. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device. [ PL 2015, c. 206, § 8 (AMD).]3. Amplification prohibited. A person may not operate a motor vehicle with an exhaust system that has been modified when the result of that modification is the amplification or increase of noise emitted by the motor above that emitted by the muffler originally installed on the vehicle. [ PL 2009, c. 639, § 2 (AMD).]4. Exhaust system fastened to engine. The entire exhaust system must be complete, without leakage and securely fastened to the engine block and frame. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Exception; racing meets. [ PL 2015, c. 206, § 9 (RP).]6. Defense for noise violations by motor vehicles. The following are defenses to a violation of subsection 1 or 3. A. If a muffler or exhaust system of a motor vehicle as defined in section 101, subsection 42, not including a motorcycle, does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998, subsections 1 and 3 do not apply. A person served with a Violation Summons and Complaint charging a violation of subsection 1 or 3 must provide satisfactory evidence that the muffler or exhaust system does not emit noise in excess of 95 decibels as measured in accordance with standards and specifications outlined in standard J-1169 adopted by the Society of Automotive Engineers in May 1998. Measurements must be made by a participating certified inspection station. [ PL 2011, c. 158, § 1 (NEW).] B. [ PL 2013, c. 100, § 1 (RP).] [ PL 2013, c. 100, § 1 (AMD).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 140, § 1 (AMD). PL 2003, c. 452, §Q23 (AMD). PL 2003, c. 452, § X2 (AFF). PL 2005, c. 314, § 11 (AMD). PL 2009, c. 639, §§ 1, 2 (AMD). PL 2011, c. 158, § 1 (AMD). PL 2013, c. 100, § 1 (AMD). PL 2015, c. 206, §§ 8, 9 (AMD).
§ 1913. Mirrors
1. Mirrors required. A person may not operate on a public way a vehicle so constructed, equipped, loaded or used that the operator is prevented from having a constantly free and unobstructed view of the way immediately to the rear, unless there is attached a mirror or reflector placed and adjusted to afford the operator a clear, reflected view of the highway to the rear of the vehicle for a distance of at least 200 feet. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Temporary mirrors. When a vehicle is operated without a trailer or semitrailer, temporary outside rearview mirrors must be removed or otherwise adjusted so as not to extend beyond the width of the automobile. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Motorcycles. A motorcycle must be equipped with a rear view mirror mounted and adjusted to afford the operator a clear, reflected view of the highway in the rear for a distance of at least 200 feet. [ PL 2005, c. 577, § 26 (AMD).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2005, c. 577, § 26 (AMD).
§ 1914. Safety seat belts
1. Safety seat belts required. A person may not buy, sell, lease, trade or transfer from or to a resident at retail a model year 1966 or later motor vehicle, unless that vehicle is equipped with safety seat belts installed for use in the left and right front seats. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1915. Windows
1. Safety glass. A motor vehicle must be equipped with safety glass wherever glass is used in partitions, doors, windows or windshields. "Safety glass" means a product composed of glass or of other materials, manufactured, fabricated or treated to prevent shattering and flying of broken glass.
The Commissioner of Public Safety may maintain a list of the approved types of glass.
Replacements of glass partitions, doors, windows or windshields must be made with safety glass. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
2. Window repairs. When a window, other than the windshield, is broken, the operator may repair the window by temporarily replacing it with an opaque substance until there is a reasonable opportunity for replacement. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1916. Reflective and tinted glass
1. Windows to be unobscured. A person may not operate a motor vehicle required to be registered in this State and an inspection mechanic may not issue a certificate of inspection for a motor vehicle, if:A. A window is composed of, covered by or treated with any material that is reflective; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. The front windshield is composed of, covered by or treated with a material that reduces the light transmittance through the window more than the original installation window or an original replacement window; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. A side window or rear window is composed of, covered by or treated with a material that allows a light transmittance of less than 35% net of glass and material; or [ PL 2007, c. 186, § 1 (AMD).] D. A front windshield, front door window or window at either end of a rear passenger seat does not contain 2-way glass that provides the occupants with a clear view of the road and a person outside the vehicle with a clear view of the occupants and the interior of the vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2007, c. 186, § 1 (AMD).]2. Exceptions. The following exceptions apply.A. The provisions of subsection 1 do not apply to:(1) A certificate or other paper required or allowed by law to be displayed;(2) The label attached to a window showing the price, estimated mileage and other federally mandated information commonly known as the manufacturer's suggested retail price label;(3) Sun-screening or window-tinting material above the AS-1 line in the top portion of the windshield or, if there is no AS-1 line in the top portion of the windshield, along a 5-inch strip at the top of the windshield. For purposes of this paragraph, "AS-1 line" means the marking that includes the letters "AS," the number "1" and an arrow that is required to be placed on certain safety glazing materials pursuant to 49 Code of Federal Regulations, Section 571.205(2006); or(4) Motor vehicles for which the Chief of the State Police has granted an exception because the health of the owner or a person who usually occupies the vehicle is adversely affected by sunlight. The Chief of the State Police may, upon proper application, provide the owner of a motor vehicle with a certificate of exemption that must be displayed upon the request of a law enforcement officer. [ PL 2007, c. 186, § 2 (AMO).]B. The provisions of subsection 1, paragraphs C and D do not apply to side windows behind the operator's seat or the rear window of a motor vehicle, as long as the vehicle is equipped with 2 outside rear view mirrors, one on each side, adjusted so that the operator has a clear view of the highway behind the vehicle. [ PL 2009, c. 251, § 6 (AMO).]C. [ PL 2007, c. 348, § 15 (RP).] [ PL 2009, c. 251, § 6 (AMD).]2-A. Definition. [ PL 2009, c. 251, § 7 (RP).]3. Light transmittance certificate. The owner or operator of a motor vehicle with tinted windows that are not replaced in accordance with Federal Motor Vehicle Safety Standard 205 or windows covered by or treated with tinting material must acquire a light transmittance certificate and must show the certificate to the inspection mechanic at the time of inspection. The Chief of the State Police may authorize a person to examine window glazing and tint material to determine compliance with this subsection. A person authorized under this subsection may issue a certificate for a motor vehicle that complies with the light transmittance standards.
Upon request, the Bureau of State Police shall provide light transmittance certificates to a person authorized to issue a certificate under this subsection. Light transmittance certificates provided by the Bureau of State Police in accordance with this subsection remain the property of the State.
A person authorized to issue a certificate under this subsection who is adjudicated of a violation of this section or files an answer of "not contested" to a summons for a violation of this section shall return all unissued light transmittance certificates to the Bureau of State Police within 10 days of adjudication or of filing the answer. The Bureau of State Police may not provide that person with light transmittance certificates for a period of 6 months after the date of adjudication or filing an answer of "not contested." [ PL 2007, c. 348, § 16 (AMO).]
4. Violations. A person may not: A. Install a replacement window in or window-tinting material on a motor vehicle that does not meet the standards of subsections 1 and 2; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Fail to issue a certificate as required by subsection 3, after installing for compensation a tinted replacement window or window-tinting material; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Alter the window-tinting materials after a certificate has been issued pursuant to subsection 3 and then display the certificate as proof that the windows meet the standards of subsection 1 or 2; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. Display or permit to be displayed a light transmittance certificate, knowing the certificate to be fictitious or issued to another motor vehicle or issued without the motor vehicle meeting the standards of subsection 1 or 2; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. Knowingly cause a light transmittance certificate to be issued for a motor vehicle that does not meet the standards of subsection 1 or 2; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]F. Operate or cause the operation of a motor vehicle that does not meet the requirements of this section; or [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]G. Fail to return all unissued light transmittance certificates to the Bureau of State Police in accordance with subsection 3. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Presumption. If the operator of a motor vehicle with a tinted replacement window or windowtinting material installed fails to produce a certificate as required by subsection 3 on the request of a law enforcement officer, it is presumed that the motor vehicle does not meet the requirements of this section. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Penalty. A person who is adjudicated of a violation of this section commits a traffic infraction that must be punished by a forfeiture of not less than $100. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]7. Rules. The Chief of the State Police may adopt rules to implement and administer this section and to collect reasonable fees for that administration. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]SECTION HISTORY
PL 1 993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1997, c. 129, §§1,2 (AMD). PL 1999, c. 183, § 6 (AMD). PL 2007, c. 1 86, §§1, 2 (AMD). PL 2007, c. 348, §§ 15, 16 (AMD). PL 2009, c. 251, §§ 6, 7 (AMD).
§ 1917. Tires and wheels
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.A. "Tread depth" means the amount of tread design on the tire. "Tread depth" includes original, retread and recap tread design and, in respect to a special mileage commercial tire, recut, regrooved and siped tread design. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] MRS Title 29-A. MOTOR VEHICLES AND TRAFFIC
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B. "Special mileage commercial tire" means a tire manufactured with an extra layer of rubber between the cord body and original tread design, which extra layer is designed for the purpose of recutting or regrooving, and which tire is specifically labelled as a "special mileage commercial tire." [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] 2. Safe tires required. A motor vehicle may not be operated on a public way unless it is equipped with tires in safe operating condition. A tire mounted on a motor vehicle is not considered to be in safe operating condition unless it meets the visual and tread depth requirements set forth in subsections 3 and 4 and the vehicle is in compliance with the frame height requirements provided in section 1920. [ PL 2013, c. 30, § 1 (AMO).]3. Visual requirements. A tire is not in safe operating condition if that tire has: A. A fabric break or a cut in excess of one inch in any direction as measured on the outside of the tire and deep enough to reach the body cords; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. A temporary repair by the use of blowout patches or boots; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. A bump, bulge or knot related to separation or partial failure of the tire structure; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. A portion of the ply or cord structure exposed; or [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. Sidewalls damaged to the extent that the body cords are damaged. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Tread depth. A tire is not in safe operating condition if it is worn to the point where less than 2/32 inch of tread design remains at all points at which gauge readings are required. Tread depth must be measured as follows. A. Tire tread depth must be measured by a tread depth gauge that is calibrated in 1/32 inch. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Readings must be taken in all major tread grooves and must include at least 2 points not closer than 15 inches. [ PL 2007, c. 348, § 17 (AMO).]C. Readings for a tire that has the tread design running across the tire or for a siped tire must be taken at or near the center of the tire at 2 points of the circumference not closer than 15 inches. [ PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).] [ PL 2007, c. 348, § 17 (AMO).]5. Exemptions. A farm vehicle used exclusively for agricultural purposes, including, but not limited to, a self-propelled combine, self-propelled corn and hay harvesting machine or tractor used exclusively for agricultural purposes, is exempt from this section. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Wheels. [ PL 2009, c. 251, § 9 (RP).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 146, § 1 (AMO). PL 2005, c. 66, § 1 (AMO). PL 2007, c. 348, § 17 (AMO). PL 2009, c. 251, §§ 8, 9 (AMO). PL 2013, c. 30, § 1 (AMO).
MRS Title 29-A. MOTOR VEHICLES AND TRAFFIC
§ 1918. Regrooved tires
A person commits a traffic infraction if that person distributes, has for sale, offers for sale, sells or uses on a motor vehicle a pneumatic tire that has been regrooved below the original tread depth, unless that tire was originally manufactured with extra undertread material. [ PL 1999, c. 771, Pt. C, § 13 (AMD); PL 1 999, c. 771, Pt. D, §§1, 2 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1999, c. 771, §C13 (AMD). PL 1999, c. 771, §§D1,2 (AFF).
§ 1919. Studded tires
1. Prohibited May 1st to October 1st. Except as provided in subsections 2 and 3, from the first day of May to the first day of October, a person may not operate a vehicle with tires having metal studs, wires, spikes or other metal protruding from the tire tread. Pneumatic tires that feature embedded blocks, studs, flanges, cleats, spikes or other protuberances that are retractable may be used any time of the year, except that the protuberances may not be engaged or extended from the first day of May to the first day of October. [ PL 2007, c. 525, § 1 (AMD).]
2. Extension of use period and issuance of permit. Extended use of studded tires may be permitted according to this subsection.A. A person may use studded tires for periods other than those specified in subsection 1, if the Commissioner of Transportation extends the use period or, in a special case, issues a permit covering stated periods of time for the use of studded tires. The fee for a permit may not be less than $3 and not more than $15, as determined by the commissioner. [ PL 2003, c. 452, Pt. Q, § 24 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]B. A person issued a permit under paragraph A must carry the permit in an easily accessible place in or about the vehicle. [ PL 2003, c. 452, Pt. Q, § 24 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).] [ PL 2003, c. 452, Pt. Q, § 24 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]3. Application. Subsection 1 does not apply to fire department vehicles or school buses. [ PL 2019, c. 31, § 1 (AMD).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 452, § 024 (RPR). PL 2003, c. 452, § X2 (AFF). PL 2007, c. 525, § 1 (AMD). PL 2019, c. 31, § 1 (AMD).
§ 1920. Vehicle frame height
1. Minimum and maximum frame end heights. A motor vehicle may not be operated on a public way or receive a certificate of inspection with a frame end height of less than 10 inches or with the frame end height lower than the vehicle was originally manufactured if originally manufactured to be less than 10 inches. A motor vehicle may not be operated on a public way or receive a certificate of inspection with a maximum frame end height based on the manufacturer's gross vehicle weight rating that is greater than:A. [ PL 2005, c. 276, § 2 (RP).]B. For a vehicle of 4,500 pounds and less, 24 inches in the front and 26 inches in the rear; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. For a vehicle of 4,501 pounds to 7,500 pounds, 28 inches in the front and 30 inches in the rear; [ PL 2019, c. 335, § 2 (AMD).]D. For a vehicle of 7,501 pounds to 10,000 pounds, 30 inches in the front and 32 inches in the rear; [ PL 2019, c. 335, §2 (AMD).]E. For a vehicle of 10,001 pounds to 11,500 pounds, 31 inches in the front and 33 inches in the rear; and [ PL 2019, c. 335, §3 (AMD).]F. For a vehicle of 11,501 pounds to 13,000 pounds, 32 inches in the front and 34 inches in the rear. [ PL 2019, c. 335, §4 (NEW).] Measurements must be taken from a level surface to the bottom of the frame end. For the purposes of this subsection, "frame end" means the point at which the frame rail terminates at the bumper assembly.
[ PL 2019, c. 335, §§ 2-4 (AMD).]
2. Modifications. A vehicle may not be modified to cause, under normal operation, the vehicle body or chassis to come into contact with the ground, expose the fuel tank to damage from collision or cause the wheels to come in contact with the body. The suspension and tire sizes of a vehicle may be modified pursuant to this chapter and rules established by the Chief of the State Police. [ PL 2005, c. 276, § 2 (AMD).]3. Suspension. Except as provided in this subsection or in subsection 2, an original suspension system may not be disconnected. This section does not prohibit the installation of heavy duty equipment, including shock absorbers and overload springs, or prohibit a person from operating on a public way a motor vehicle with normal wear of the suspension system if normal wear does not affect control of the vehicle. [ PL 2005, c. 276, § 2 (AMD).]SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 144, § 1 (AMD). PL 2005, c. 276, § 2 (AMD). PL 2013, c. 30, § 2 (AMD). PL 2019, c. 335, §§ 2-4 (AMD).
§ 1921. Viewing of visual content restricted in vehicles
A person may not operate a motor vehicle in which there is a television viewer, screen or other video device, other than an allowable device, that is receiving or showing video content visible to the operator. For the purposes of this section, "video content" includes, but is not limited to, television broadcasts, recorded video and video streamed through electronic or other means. For purposes of this section, "allowable device" means: [ PL 2015, c. 176, § 3 (AMD).]
1. Global positioning, navigation or mapping system. A device displaying video content for the purpose of a global positioning, navigation or mapping system; [ PL 2015, c. 176, § 3 (NEW).]2. Closed-circuit video monitor. A closed-circuit video monitor that is used to assist the operator while backing up or parking; [ PL 2015, c. 176, § 3 (NEW).]3. Device when vehicle is stationary. A device that is capable of operation only when the vehicle is stationary and is automatically disabled whenever the wheels of the vehicle are in motion; [ PL 2015, c. 176, § 3 (NEW).]4. Device to enhance operator's view. A device that is used to enhance or supplement the operator's view of the roadway or to assist the operator in object detection; and [ PL 2015, c. 176, § 3 (NEW).]5. Part of vehicle's instrumentation. A video display unit that is part of the vehicle's instrumentation or is used for the purpose of vehicle control. [ PL 2015, c. 176, § 3 (NEW).] This section does not apply to the use of a video device in the performance of official duties by a law enforcement officer or the operator of an authorized emergency vehicle, as defined in section 2054. [ PL 2015, c. 176, § 3 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 584, §B7 (AMO). PL 2015, c. 176, § 3 (AMD).
§ 1922. Advertisements on motor vehicles
1. Prohibition. Except as provided in this section, an owner or operator may not operate on a public way a motor vehicle to which is affixed an illuminated advertisement. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
2. Display rules. For purposes of vehicle identification, in addition to the provisions of section 1951, a motor truck, truck tractor or semitrailer may display an illuminated sign in accordance with rules adopted by the Commissioner of Public Safety according to the Maine Administrative Procedure Act. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]3. Standards. Among other standards determined by the Commissioner of Public Safety to be necessary to protect the welfare and safety of the general public, an illuminated sign: A. Must bear the name of the owner of the vehicle, the lessee of the vehicle or the person for which the operator is transporting property or goods; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. May identify the cargo in transit. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Location of sign. An illuminated sign may only be displayed as follows: A. On truck tractors, on the wind deflector on the roof of the truck tractor; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. On a semitrailer, on the front portion of the semitrailer; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. On a truck, on the front portion of the storage compartment above and behind the cab. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]5. Lights prohibited. An illuminated sign may not be lighted by a flashing, blinking or neon light. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]6. Form, size and light of sign. An illuminated sign must be in a form, size and light so as not to distract or impair the vision of the operator of another motor vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]7. Exception. This section does not apply to the illuminated name and telephone number identification affixed to vehicles for the conveyance of passengers. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF).
§ 1923. Reading while operating a motor vehicle prohibited
An operator may not read printed material including but not limited to, a newspaper, book, brochure or pamphlet, while operating a motor vehicle. Printed material does not include a map or written directions to a specific location. [ PL 1999, c. 183, § 7 (NEW).]
SECTION HISTORY
PL 1999, c. 183, § 7 (NEW).
§ 1924. Chains on skidders
Chains attached to the tires or wheels of a skidder must be removed prior to operation on a paved way. [ PL 1999, c. 183, § 7 (NEW).]
SECTION HISTORY
PL 1999, c. 183, § 7 (NEW).
§ 1925. Equipment requirements for low-speed vehicles
1. Equipment required. A low-speed vehicle registered pursuant to section 501, subsection 11 must be equipped with:A. Brakes for each wheel; [ PL 2003, c. 397, § 9 (NEW).]B. Headlights that comply with section 1904; [ PL 2003, c. 397, § 9 (NEW).]C. An odometer; [ PL 2003, c. 397, § 9 (NEW).]D. One exterior rearview mirror; [ PL 2003, c. 397, § 9 (NEW).]E. One interior rearview mirror; [ PL 2003, c. 397, § 9 (NEW).]F. A parking brake; [ PL 2003, c. 397, § 9 (NEW).]G. Rear reflectors; [ PL 2003, c. 397, § 9 (NEW).]H. A safety glass windshield; [ PL 2003, c. 397, § 9 (NEW).]I. A speedometer; [ PL 2003, c. 397, § 9 (NEW).]J. Stop lamps; [ PL 2003, c. 397, § 9 (NEW).]K. Rear lights that comply with section 1905; [ PL 2003, c. 397, § 9 (NEW).]L. Seat belts and child restraint systems that comply with section 2081; [ PL 2003, c. 397, § 9 (NEW).]M. Turn signal lamps; [ PL 2003, c. 397, § 9 (NEW).]N. Windshield wipers; and [ PL 2003, c. 397, § 9 (NEW).]O. A vehicle identification number. [ PL 2003, c. 397, § 9 (NEW).] [ PL 2003, c. 397, § 9 (NEW).]2. Working condition. Equipment required in subsection 1 must be in good working condition. [ PL 2003, c. 397, § 9 (NEW).] RR 2003, c. 1, § 29 (RAL). PL 2003, c. 340, § 4 (NEW). PL 2003, c. 397, § 9 (NEW).
§ 1926. Nitrous oxide system
(REALLOCATED FROM TITLE 29-A, SECTION 1925)
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.A. "Fill station" means a place that refills nitrous oxide bottles. [ PL 2005, c. 31, § 1 (NEW).]B. "Nitrous oxide system" means a device installed in a motor vehicle that allows nitrous oxide to combine with gasoline for the purpose of increasing engine power. [ PL 2005, c. 31, § 1 (NEW).] [ PL 2005, c. 31, § 1 (RPR).]2. Use prohibited. Except as provided in subsection 3, a person may not operate a motor vehicle that is equipped with a nitrous oxide system on a public way. [RR 2003, c. 1, § 29 (RAL).]3. Exceptions. A person may operate a motor vehicle equipped with a nitrous oxide system on a public way if:A. All canisters of nitrous oxide have been removed from the vehicle; or [RR 2003, c. 1, § 29 (RAL).]B. The motor vehicle is en route to or from a track where the motor vehicle is used for racing, a car show, an off-highway competition or event or a fill station and: (1) The nitrous oxide system is made inoperative by disconnecting the line feeding nitrous oxide to the engine; or(2) All containers of nitrous oxide have been removed from the motor vehicle. [ PL 2005, c. 31, § 2 (AMD).] [ PL 2005, c. 31, § 2 (AMO).] SECTION HISTORY
RR 2003, c. 1, § 29 (RAL). PL 2005, c. 31, §§1,2 (AMO).
SUBCHAPTER 2
TRUCKS
§ 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 that meet the standards set forth in 49 Code of Federal Regulations, Section 390.21 T, as amended. [ PL 2017, c. 165, § 7 (AMO).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2017, c. 165, § 7 (AMO).
§ 1952. Flares; emergency signals
1. Carry flares. Except as provided in subsection 1- A, a truck or truck tractor with a registration for operation with gross vehicle weight in excess of 10,000 pounds must be equipped with 2 red flags, 3 flares and 3 red lanterns or red emergency reflectors. [ PL 2003, c. 452, Pt. 0, § 25 {AMO); PL 2003, c. 452, Pt. X, § 2 (AFF).]1-A. Flares prohibited. A vehicle transporting inflammable liquids or gas in bulk may not carry flares. [ PL 2003, c. 452, Pt. 0, § 26 (NEW); PL 2003, c. 452, Pt. X, § 2 (AFF).]2. Disabled vehicle. When a truck or truck tractor with a registration for operation with gross vehicle weight in excess of 10,000 pounds is disabled on a public way, the operator shall, during the time that lights are required to be illuminated, place emergency signals as follows:A. One flare or lantern or red emergency reflector in the center of the lane of traffic occupied by the disabled motor vehicle not less than 100 feet from the vehicle in the direction of traffic approaching in that lane; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. One flare or lantern or red emergency reflector not less than 100 feet from the vehicle in the center of the same lane in the opposite direction; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. One flare or lantern or red emergency reflector at the traffic side of the vehicle not closer than 10 feet from the front or rear. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] When lights are not required to be illuminated, red flags must be used, except that no flag is required to be placed at the side of the vehicle.
[ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 2003, c. 452, §§Q25,26 (AMO).
PL 2003, c. 452, § X2 (AFF).
§ 1953. Splash guards
1. Required. A truck, truck tractor, trailer and semitrailer must be equipped with suitable guards that will effectively reduce the spray or splash of mud, water or slush caused by the rear wheels. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]2. Exception. Splash guards are not required for:A. A truck with a registered gross vehicle weight of 6,000 pounds or less; [ PL 1995, c. 584, Pt. A, § 3 (AMO).]B. A dump truck: (1) While being operated on construction or reconstruction projects in a construction area established by the Department of Transportation; and(2) On a public way between the project and a pit or quarry where materials are being obtained when the pit or quarry is within 7 miles of the construction area; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. [ PL 2017, c. 165, § 8 (RP).]D. A fire department vehicle; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. A motor vehicle equipped with fenders; or [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]F. A truck with a stake body that extends not less than 6 feet beyond the rear axle and that is registered under section 505. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] [ PL 2017, c. 165, § 8 (AMD).] SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 584, §A3 (AMO). PL 2017, c. 165, § 8 (AMD).
§ 1954. Dump body support
1. Equipment. A truck with a dump body must be equipped with a positive means of support, permanently attached and capable of being locked in position to prevent lowering of the body while being maintained, inspected or repaired or while the truck is unattended. [ PL 2003, c. 340, § 5 (NEW).]2. Required. A truck dump body must be either fully lowered, locked by means of equipment required in subsection 1 or physically blocked from lowering while being maintained, inspected or repaired or while the truck is unattended. [ PL 2003, c. 340, § 5 (NEW).]3. Penalty. A person who violates this section commits a Class E crime. [ PL 2003, c. 340, § 5 (NEW).] SECTION HISTORY
PL 2003, c. 340, § 5 (NEW).
SUBCHAPTER 3
MOTOR VEHICLE EVENT DATA RECORDERS
§ 1971. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [ PL 2005, c. 544, § 1 (NEW).]
1. Event data recorder. "Event data recorder" means a feature that is installed by the manufacturer of a motor vehicle and does one or more of the following for the purpose of capturing data for retrieval after a crash: A. Records vehicle speed, direction or both; [ PL 2005, c. 544, § 1 (NEW).]B. Records vehicle location data; [ PL 2005, c. 544, § 1 (NEW).]C. Records vehicle steering performance; [ PL 2005, c. 544, § 1 (NEW).]D. Records vehicle brake performance, including whether brakes were applied before the crash; [ PL 2005, c. 544, § 1 (NEW).]E. Records the driver's seatbelt status; and [ PL 2005, c. 544, § 1 (NEW).]F. Has the ability to transmit information concerning a crash in which the motor vehicle has been involved to a central communication system when a crash occurs. [ PL 2005, c. 544, § 1 (NEW).] [ PL 2005, c. 544, § 1 (NEW).]2. Owner. "Owner" means: A. A person having all the incidents of ownership, including the legal title of the motor vehicle, whether or not the person lends, rents or creates a security interest in the motor vehicle; [ PL 2005, c. 544, § 1 (NEW).]B. A person entitled to the possession of the motor vehicle as the purchaser under a security agreement; or [ PL 2005, c. 544, § 1 (NEW).]C. A person entitled to possession of the motor vehicle as lessee pursuant to a written lease agreement, as long as the agreement at inception is for a period of at least 3 months. [ PL 2005, c. 544, § 1 (NEW).] [ PL 2005, c. 544, § 1 (NEW).]SECTION HI STORY
PL 2005, c. 544, § 1 (NEW).
§ 1972. Ownership and access to data
1. Ownership; access. Data described in section 1971, subsection 1 that are recorded on an event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle at the time the data are accessed, except under the following circumstances:A. The owner of the motor vehicle or the owner's agent or legal representative consents to the retrieval of the information; [ PL 2005, c. 544, § 1 (NEW).]B. A court of competent jurisdiction in this State orders the production of the data; [ PL 2005, c. 544, § 1 (NEW).]C. For purposes of improving motor vehicle safety, security or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner or driver is not disclosed in connection with that retrieved data. For the purposes of this paragraph, the disclosure of the vehicle identification number with the last 4 digits deleted does not constitute the disclosure of the identity of the owner or driver; [ PL 2005, c. 544, § 1 (NEW).]D. The data are retrieved by a licensed motor vehicle dealer or by an automotive technician for the purpose of diagnosing, servicing or repairing the motor vehicle; [ PL 2005, c. 544, § 1 (NEW).]E. The data are retrieved for the purpose of determining the need for or facilitating emergency medical response in the event of a motor vehicle crash; [ PL 2005, c. 544, § 1 (NEW).]F. The data are retrieved by a law enforcement officer acting pursuant to authority recognized under applicable statutory or constitutional law; or [ PL 2005, c. 544, § 1 (NEW).]G. The data are requested as part of routine civil or criminal discovery. [ PL 2005, c. 544, § 1 (NEW).] [ PL 2007, c. 695, Pt. A, § 34 (AMD).]2. Release of data prohibited; exceptions. A person, including a service or data processor operating on behalf of such person, authorized to download or otherwise retrieve data from the event data recorder pursuant to subsection 1, paragraph C may not release the data except: A. For the purpose of motor vehicle safety and medical research communities to advance motor vehicle safety, security or traffic management; or [ PL 2005, c. 544, § 1 (NEW).]B. To a data processor solely for the purposes permitted by this subsection only if the identity of the owner or driver is not disclosed. [ PL 2005, c. 544, § 1 (NEW).] [ PL 2005, c. 544, § 1 (NEW).]3. Disclosure by subscription services. If a motor vehicle is equipped with an event data recorder that is capable of recording or transmitting information described in section 1971, subsection 1 and that capability is part of a subscription service, the fact that the information may be recorded or transmitted must be disclosed in the subscription service agreement. [ PL 2005, c. 544, § 1 (NEW).]4. Application concerning subscription services. Subsection 1 does not apply to subscription services meeting the requirements of subsection 3. [ PL 2005, c. 544, § 1 (NEW).]5. Duty to cooperate. Nothing in this subchapter affects an insured's duty to cooperate as provided in an applicable insurance contract or agreement. [ PL 2005, c. 544, § 1 (NEW).] SECTION HISTORY
PL 2005, c. 544, § 1 (NEW). PL 2007, c. 695, Pt. A, § 34 (AMD).
§ 1973. Disclosure by manufacturer
A manufacturer of a new motor vehicle sold or leased in this State that is equipped with one or more event data recorders, including those known as "sensing and diagnostic modules," shall disclose that fact in the owner's manual for the motor vehicle. [ PL 2005, c. 544, § 1 (NEW).]
SECTION HISTORY
PL 2005, c. 544, § 1 (NEW).
§ 2054. Emergency and auxiliary lights; sirens; privileges
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.A. "Ambulance" means any vehicle designed, constructed and routinely used or intended to be used for the transportation of ill or injured persons and licensed by Maine Emergency Medical Services pursuant to Title 32, chapter 2-B. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. "Authorized emergency vehicle" means any one of the following vehicles: (2) A Baxter State Park Authority vehicle operated by a Baxter State Park ranger;(3) A Bureau of Marine Patrol vehicle operated by a coastal warden;(4) A Department of Agriculture, Conservation and Forestry vehicle operated by a forest ranger;(5) A Department of Agriculture, Conservation and Forestry vehicle used for forest fire control;(6) A Department of Corrections vehicle used for responding to the escape of or performing the high-security transfer of a prisoner, juvenile client or juvenile detainee or a Department of Corrections vehicle operated by a person who is certified by the Board of Trustees of the Maine Criminal Justice Academy as a law enforcement officer;(7) A Department of Inland Fisheries and Wildlife vehicle operated by a warden;(8) A Department of Public Safety vehicle operated by a police officer appointed pursuant to Title 25, section 2908, a state fire investigator or a Maine Drug Enforcement Agency officer;(9) An emergency medical service vehicle;(10) A fire department vehicle;(11) A hazardous material response vehicle, including a vehicle designed to respond to a weapon of mass destruction;(12) A railroad police vehicle;(13) A sheriff's department vehicle;(14) A State Police or municipal police department vehicle;(15) A vehicle operated by a chief of police, a sheriff or a deputy sheriff when authorized by the sheriff;(16) A vehicle operated by a municipal fire inspector, a municipal fire chief, an assistant or deputy chief or a town forest fire warden;(17) A vehicle operated by a qualified deputy sheriff or other qualified individual to perform court security-related functions and services as authorized by the State Court Administrator pursuant to Title 4, section 17, subsection 15;(18) A Federal Government vehicle operated by a federal law enforcement officer;(19) A vehicle operated by a municipal rescue chief, deputy chief or assistant chief;(20) An Office of the Attorney General vehicle operated by a detective appointed pursuant to Title 5, section 202;(21) A Department of the Secretary of State vehicle operated by a motor vehicle detective;(22) A University of Maine System vehicle operated by a University of Maine System police officer; and(23) A life support transport vehicle when parked on a Department of Transportation ferry vessel and being used to transport a person who requires constant medical support to survive. [ PL 2019, c. 319, § 1 (AMO); PL 2019, c. 397, § 25 (AMO).]C. "Auxiliary light" means a light, other than standard equipment lighting such as headlights, taillights, directional signals, brake lights, clearance lights, parking lights and license plate lights, that is displayed on a vehicle and used to increase the operator's visibility of the road or the visibility of the vehicle to other operators and pedestrians. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]D. "Emergency light" means an auxiliary light displayed and used on an authorized emergency vehicle to distinguish it and make it recognizable as an authorized emergency vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E. "Emergency medical service vehicle" means a vehicle equipped and used to transport emergency medical personnel or equipment to ill or injured persons and authorized by Maine Emergency Medical Services. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]E-1. "Fire department vehicle" means a vehicle owned by, registered to and maintained by a governmental agency or political subdivision that is equipped and used primarily for response to a fire or emergency situation. [ PL 2007, c. 348, § 19 (NEW).]F. "Fire vehicle" means any vehicle listed under paragraph B, subparagraph (5) or (16). [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]G. "Hazardous material response vehicle" means a vehicle equipped for and used in response to reports of emergencies resulting from actual or potential releases, spills or leaks of, or other exposure to, hazardous substances that is authorized by a mutual aid agreement pursuant to Title 37-B, section 795, subsection 3 and approved by the local emergency planning committee or committees whose jurisdiction includes the area in which the vehicle operates. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]H. "Highway maintenance vehicle" means a vehicle used to maintain the highways, including, but not limited to, a plow, grader, sand truck, sweeper and tar truck. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]H-1. "Life support transport vehicle" means a vehicle designated by the Commissioner of Public Safety that is equipped with life-sustaining medical equipment and that is used to transport a person who requires constant medical support to survive. [ PL 2019, c. 397, § 26 (NEW).]I. "Police vehicle" means any vehicle listed under paragraph B, subparagraph (2), (3), (4), (7), (8), (12), (13), (14), (18), (20) or (21). [ PL 2019, c. 397, § 27 (AMD).]I-1. "Public service vehicle" means a vehicle used to assist members of the public or law enforcement officers with disabled vehicles or to remove debris from a roadway, or a vehicle used to construct, maintain, inspect or repair utility infrastructure, including, but not limited to, electricity, water, sewer, cable, telephone, gas and natural gas infrastructure. "Public service vehicle" includes a wrecker. [ PL 2015, c. 32, § 1 (NEW).]J. "Rescue vehicle" means any vehicle listed under paragraph B, subparagraph (19). [ PL 2005, c. 14, § 2 (NEW).] [ PL 2019, c. 319, § 1 (AMD); PL 2019, c. 397, §§ 25-27 (AMD).]2. Authorized lights. Authorized lights are governed as follows. A. Only an ambulance; an emergency medical service vehicle; a fire department vehicle; a police vehicle; a Department of Agriculture, Conservation and Forestry vehicle used for forest fire control; a Department of Corrections vehicle as described in subsection 1, paragraph B, subparagraph (6); a school bus as defined in section 2301, subsection 5; and a highway maintenance vehicle may be equipped with a device that provides for alternate flashing of the vehicle's headlights. [ PL 2017, c. 26, § 1 (AMD).]B. Only a police vehicle may be equipped with a device that provides for alternate flashing of the vehicle's brake or rear directional lights and back-up lights or strobe lights behind the rear brake lenses. [ PL 1995, c. 247, § 4 (AMD).]C. The use of amber, white and green lights on vehicles is governed by the following.(1) A vehicle engaged in highway maintenance or in emergency rescue operations by emergency management and public safety agencies and a public service vehicle may be equipped with auxiliary lights that emit an amber light.(1-A) A Department of Labor motor vehicle operated by a workplace safety inspector may be equipped with auxiliary lights that emit an amber light.(1-B) A municipal public works vehicle or a vehicle operating under direction of the Department of Transportation or the Maine Turnpike Authority may be equipped with auxiliary lights that are green, white or amber or any combination of green, white or amber. Lights under this subparagraph may be located on the front, rear or sides of the vehicle and may flash, oscillate, strobe or blink. (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-degree 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 an auxiliary light that provides visible light coverage over a 360-degree range. The light must emit an amber beam of light and be equipped with a blinking or strobe light function and have sufficient intensity to be visible at 500 feet in normal daylight. 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-degree 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-degree 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 in normal 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 amber auxiliary lights.(7) A Department of Public Safety vehicle operated by a motor carrier inspector or motor vehicle 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.(10) A vehicle used by an individual to transport and deliver newspapers may be equipped with auxiliary lights that emit a flashing amber light. [ PL 2019, c. 327, § 1 (AMD).]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, except that a police vehicle may also use red emergency lights under paragraph F; 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 or a hazardous material response vehicle may include one blue light mounted 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.(4) Blue interior auxiliary lighting or dash lighting may be used on any vehicle if no portion of the beam of light is visible at a height of 42 inches above a surface parallel with the level surface on which the vehicle stands at a distance of 20 feet from any part of the vehicle.(5) A vehicle owned by the Department of Public Safety may be equipped with blue emergency lighting and a siren, but neither the lighting nor the siren may be displayed or used except when the vehicle is being operated by a law enforcement officer. [ PL 2019, c. 335, § 5 (AMD).] E. [ PL 2003, c. 340, § 7 (RP).]F. Only vehicles listed in this paragraph, rural mail vehicles as provided in paragraph C, subparagraph (5) and school buses may be equipped with, display or use a red auxiliary or emergency light. (1) Emergency lights used on an ambulance, an emergency medical service vehicle, a fire department vehicle, a fire vehicle, a rescue vehicle or a hazardous material response vehicle must emit a red light or a combination of red and white light.(2) The municipal officers or a municipal official designated by the municipal officers, with the approval of the fire chief, may authorize an active member of a municipal or volunteer fire department to use one red or combination red and white flashing auxiliary light mounted in the windshield or on the dashboard at the front of the vehicle or 2 flashing red or combination red and white auxiliary lights mounted on the front of the vehicle above the front bumper and below the hood and one red auxiliary light mounted in the rear window area. The light or lights may be displayed but may be used only while the member is en route to or at the scene of a fire or other emergency. A light mounted on the dashboard or in the windshield must be shielded so that the emitted light does not interfere with the operator's vision. The use of lights may be revoked at any time by the fire chief.(3) Members of an emergency medical service licensed by Maine Emergency Medical Services may display and use on a vehicle red or combination red and white flashing auxiliary lights and red auxiliary lights of the same proportion, in the same location and under the same conditions as those permitted municipal and volunteer firefighters, when authorized by the chief official of the emergency medical service. The use of lights may be revoked at any time by the chief official of the emergency medical service.(4) A police vehicle may be equipped with, display and use red emergency lights. The red emergency lights may comprise up to 50% of the emergency lights used on the police vehicle. [ PL 2017, c. 21, § 2 (AMO).]G. A vehicle may be equipped with a spotlight. Only spotlights on authorized emergency vehicles, highway maintenance vehicles and public service vehicles may be used on a public way, except any vehicle may use a spotlight in cases of necessity when other lights required by law fail to operate. [ PL 2015, c. 32, § 3 (AMO).]H. A vehicle in a funeral procession may be equipped with a flashing light. The light must emit a yellow beam of light. The light may not be more than 5 inches in diameter and must be placed on the dashboard. The light must be shielded so that the emitted light does not interfere with the operator's vision. The flashing light may be used only when the vehicle is used in a funeral procession. In addition, a vehicle operated by a licensed funeral home and used as a lead vehicle in a funeral procession may use a device that provides for a white flashing strobe light in the front grille. [ PL 2007, c. 62, § 1 (AMO).] [ PL 2019, c. 327, § 1 (AMO); PL 2019, c. 335, § 5 (AMO).]3. Sirens. A bell or siren may not be installed or used on any vehicle, except an authorized emergency vehicle. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]4. Right-of-way. An authorized emergency vehicle operated in response to, but not returning from, a call or fire alarm or operated in pursuit of an actual or suspected violator of the law has the right-of-way when emitting a visual signal using an emergency light and an audible signal using a bell or siren. On the approach of any such vehicle, the operator of every other vehicle shall immediately draw that vehicle as near as practicable to the right-hand curb, parallel to the curb and clear of any intersection and bring it to a standstill until the authorized emergency vehicle has passed. A violation of this subsection is a Class E crime that is punishable by a minimum fine of $250 for the first offense and for a 2nd offense occurring within 3 years of the first offense a mandatory 30-day suspension of a driver's license. [ PL 2019, c. 113, Pt. C, § 74 (AMO).]4-A. Registered owner's liability for vehicle failing to yield right-of-way. A person who is a registered owner of a vehicle at the time that vehicle is involved in a violation of subsection 4 commits a traffic infraction unless a defense applies pursuant to paragraph 0. For purposes of this subsection, "registered owner" includes a person issued a dealer or transporter registration plate. A. The operator of an authorized emergency vehicle who observes a violation of subsection 4 may report the violation to a law enforcement officer. If a report is made, the operator shall report the time and the location of the violation and the registration plate number and a description of the vehicle involved. The officer shall initiate an investigation of the reported violation and, if possible, contact the registered owner of the motor vehicle involved and request that the registered owner supply information identifying the operator of the registered owner's motor vehicle. [ PL 1997, c. 162, § 2 (NEW).]B. The investigating officer may cause the registered owner of the vehicle to be served with a summons for a violation of this subsection. [ PL 1997, c. 162, § 2 (NEW).]C. Except as provided in paragraph 0, it is not a defense to a violation of this subsection that a registered owner was not operating the vehicle at the time of the violation. [ PL 1997, c. 162, § 2 (NEW).]D. The following are defenses to a violation of this subsection. (1) If a person other than the registered owner is operating the vehicle at the time of the violation of subsection 4 and is convicted of that violation, 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 investigation officer with a copy of the lease agreement containing the information required by section 254, the lessee, 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, that person, 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 and an investigation determines the vehicle was stolen, the registered owner may not be charged under this subsection. [ PL 1997, c. 162, § 2 (NEW).] [ PL 1997, c. 162, § 2 (NEW).]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; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]B. Proceed past a red signal, stop signal or stop sign, but only after slowing down as necessary for safe operation; [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]C. Exceed the maximum speed limits as long as life or property is not endangered, except that a capital security officer and a person operating a Department of Corrections vehicle who is not certified as a law enforcement officer by the Board of Trustees of the Maine Criminal Justice Academy may not exercise this privilege; [ PL 2019, c. 319, § 2 (AMD).]D. Disregard regulations governing direction of movement or turning in specified directions; and [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]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. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).] 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.
[ PL 2019, c. 319, § 2 (AMD).]
6. Emergency lights and audible signals. The operator of an authorized emergency vehicle who is exercising the privileges granted under subsection 5 shall use an emergency light authorized by subsection 2. The operator of an authorized emergency vehicle who is exercising the privileges granted under subsection 5, paragraphs B, C, D and E shall sound a bell or siren when reasonably necessary to warn pedestrians and other operators of the emergency vehicle's approach. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]7. Duty to drive with due regard for safety. Subsections 4, 5 and 6 do not relieve the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor do those subsections protect the operator from the consequences of the operator's reckless disregard for the safety of others. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]8. Standards for lights on highway maintenance vehicles. The Commissioner of Transportation, with the consent of the Chief of the State Police, shall adopt standards and specifications for headlights, clearance lights, identification lights and other lights on highway maintenance vehicles. These standards must include prescribed usage for the various lights when a highway maintenance vehicle is in operation. The standards and specifications adopted pursuant to this section must correspond to and so far as practical conform with those approved by the national association of state highway officials. The standards and specifications adopted pursuant to this section are in addition to and do not supersede the lighting requirements established in subsections 1 to 7 and sections 1904 to 1909. Highway maintenance vehicles owned by a municipality or performing maintenance under contract to a municipality must meet the lighting requirements established in subsections 1 to 7 and sections 1904 to 1909. A municipality may adopt the standards and specifications developed in accordance with this subsection. [ PL 1993, c. 683, Pt. A, § 2 (NEW); PL 1993, c. 683, Pt. B, § 5 (AFF).]9. Stationary vehicles. The operator of a vehicle passing a stationary authorized emergency vehicle using an emergency light or a stationary public service vehicle using its authorized lights, with due regard to the safety and traffic conditions, shall: A. Pass in a lane not adjacent to that of the authorized emergency vehicle or public service vehicle, if possible; or [ PL 2015, c. 32, § 4 (AMD).]B. If passing in a nonadjacent lane is impossible or unsafe, pass the emergency vehicle or public service vehicle at a careful and prudent speed reasonable for passing the authorized emergency vehicle or public service vehicle safely. [ PL 2015, c. 32, § 4 (AMD).] A violation of this subsection is a traffic infraction for which a minimum fine of $275 must be adjudged. [ PL 2019, c. 254, § 1 (AMD).]
10. Life support transport vehicle. A life support transport vehicle may not be equipped with emergency lighting or sirens and may not exercise emergency privileges under subsection 4 or 5. The Commissioner of Public Safety may adopt rules for the purpose of designating life support transport vehicles. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [ PL 2019, c. 397, § 28 (NEW).]11. Maine State Ferry Service. The Commissioner of Transportation may adopt rules to allow certain authorized emergency vehicles, including but not limited to a life support transport vehicle, to idle on a vessel operated by the Maine State Ferry Service and any additional rules necessary to ensure passenger safety while such a vehicle is idling on a ferry. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [ PL 2019, c. 397, § 28 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §BS (AFF). PL 1995, c. 22, § 1 (AMD). PL 1995, c. 65, §§A153, C15 (AFF). PL 1995, c. 65, §C6 (AMD). PL 1995, c. 247, § 4 (AMD). PL 1 997, c. 162, §§1,2 (AMD). PL 1999, c. 29, § 2 (AMD). PL 2001, c. 10, § 1 (AMD). PL 2001, c. 360, §§ 5-8 (AMD). PL 2003, c. 78, §§ 1, 2 (AMD). PL 2003, c. 97, § 1 (AMD). PL 2003, c. 209, § 1 (AMD). PL 2003, c. 340, § 7 (AMD). PL 2003, c. 4 51, §T14 (AMD). PL 2003, c. 510, §§C8,9 (AMD). PL 2003, c. 633, §§4,5 (AMD). PL 2005, c. 14, §§ 1-3 (AMD). PL 2005, c. 15, § 1 (AMD). MRS Title 29-A. MOTOR VEHICLES AND TRAFFIC Generated 12.05.2019 Title 29-A. MOTOR VEHICLES AND TRAFFIC I 295 PL 2005, c. 183, § 2 (AMD). PL 2005, c. 299, § 1 (AMD). PL 2005, c. 314, § 12 (AMD). PL 2005, c. 482, § 4 (AMD). PL 2007, c. 11, § 1 (AMD). PL 2007, c. 62, § 1 (AMD). PL 2007, c. 348, §§ 18-20 (AMD). PL 2009, c. 251, § 10 (AMD). PL 2009, c. 317, Pt. F, § 1 (AMD). PL 2009, c. 421, § 4 (AMD). PL 2011, c. 448, § 2 (AMD). PL 2011, c. 657, Pt. W, § 5 (REV). PL 2011, c. 691, Pt. A, § 30 (AMD). PL 2013, c. 462, § 4 (AMD). PL 201 5, c. 31, §§1, 2 (AMD). PL 2015, c. 32, §§ 1-4 (AMD). PL 201 7, c. 21, §§1, 2 (AMD). PL 2017, c. 26, § 1 (AMD). PL 2017, c. 229, § 32 (AMD). PL 2019, c. 113, Pt. C, § 74 (AMD). PL 2019, c. 254, § 1 (AMD). PL 201 9, c. 319, §§1, 2 (AMD). PL 2019, c. 327, § 1 (AMD). PL 2019, c. 335, § 5 (AMD). PL 2019, c. 397, §§ 25-28 (AMD).
C.M.R. 16, 222, ch. 1, SUPPLEMENTAL INFORMATION