Section 222-4-4 - Adoption and incorporation by reference of federal regulations, with state amendmentsPursuant to 29-A M.R.S. §555, sub-§ 2, the Bureau of the Maine State Police hereby adopts and incorporates by reference into this Chapter (1) Title 49 Parts 383, 391, and 395, and Appendices to Subchapter B, of the Code of Federal Regulations, as amended, with the following State amendments, and (2) Title 49, Section 391.41(b)(12)(i) as amended, with the following State amendments:
A.Hazardous Materials1. There are no exemptions for motor carriers, vehicles, or drivers transporting hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with 49 C.F.R., Subchapter C, Pt. 172.B. As to 49 C.F.R. Pt. 383, the following amendments are made:1. Intrastate motor carriers, vehicles, and drivers to whom this Chapter applies are only subject to49 C.F.R. §§ 383.1(a), 383.3(a), 383.5, 383.21, 383.23(a), 383.23(a)(2), 383.23(c), 383.31, 383.33, 383.37, 383.51, 383.52, 383.53, and 383.72.B-1. As to 49 C.F.R. Pt. 390, the following amendments are made: 1. Intrastate vehicles to which this chapter applies that have a gross vehicle weight rating of 10,000 lbs. to 26,000 lbs., and that neither meet the definition of a "bus" nor transport hazardous materials, are exempt from 49 C.F.R. §§ 390.19 and 390.21.C. As to 49 C.F.R. Pt. 391, the following amendments are made: 1. Intrastate motor carriers, vehicles, and drivers to whom this Chapter applies that operate less than 100 air miles from their regular place of business are only subject to49 C.F.R. §§ 391.13, 391.15, 391.23(a), 391.23(a)(1), 391.25(a), 391.25(b), 391.27(a), 391.27(b), and 391.41(b)(12)(i). Documents and records obtained from inquiries made pursuant to 49 C.F.R. §§ 391.23, 391.25, and 391.27 must be maintained on file by the motor carrier for a period of two years.
2. Intrastate motor carriers, vehicles, and drivers to whom this Chapter applies that operate more than 100 air miles from their regular place of business are exempt from49 C.F.R. §391.11(b)(1). Intrastate drivers to whom this Chapter applies that operate more than 100 air miles from their regular place of business must be at least 18 years old.3. Drivers to whom this Chapter applies are exempt from49 C.F.R. §391.41(b)(11). D. As to 49 C.F.R. Pt. 395, the following amendments are made:1. Intrastate motor carriers, vehicles, and drivers to which this Chapter applies that operate less than 100 air miles from their regular place of business are exempt from 49 C.F.R. Pt. 395.16- 222 C.M.R. ch. 4, § 4