Statutes, codes, and regulations
Maine Administrative Code
Department 17 - DEPARTMENT OF TRANSPORTATIONDivision 229 - DEPARTMENT OF TRANSPORTATION - GENERAL
Chapter 310 - RULES FOR PERMITTING OVERLIMIT COMMERCIAL MOTOR VEHICLES OF SPECIFIED CONFIGURATIONS TO TRAVEL DESIGNATED ROUTES
Section 229-310-4 - Technical Review

17-229-310 Me. Code R. § 4

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Current through 2024-51, December 18, 2024
Section 229-310-4 - Technical Review
1. Upon receipt of a Formal Request the Department will conduct a Technical Review as described below.
A.Purpose

The purpose of the Technical Review is to identify or address any of the following issues:

1) Whether commercial motor vehicles of the proposed configuration and weight can be safely operated on the proposed route of travel. To address this issue the Department shall solicit input on the Request from the Department of Public Safety and the Department of the Secretary of State.
2) The useful life of the existing components of the public highway transportation infrastructure to be utilized.
3) The level of improvements that must be undertaken to accommodate the proposed commercial motor vehicle configuration or configurations for which the Requestor seeks allowance to operate
4) The potential availability of matching funding to support the request
5) The concerns or considerations of any local, State or federal governmental entity having ownership interest in, or control over, transportation or other facilities located on or along the proposed route of travel. Examples would include Maine DOT, the Federal Highway Administration, the Government of Canada or any of the Canadian Provinces and municipal or county governments.
6) The concerns or considerations of any state or federal entity having aregulatory role over any aspect of the Request.
7) Any other questions or concerns that the Department may deem pertinent to a final decision.
B.Duration

The Department will complete the Technical Review as expeditiously as possible. However, the Department will take the time necessary to ensure that all of the above questions are adequately and thoroughly answered.

C.Cancellation

If, at any point during the Technical Review, the Department determines that a Formal Request is not feasible or cannot be reasonably implemented at the proposed location, the Department may end the Technical Review by notifying the Requestor of its decision. Similarly, if the Request or determines that the Formal Request is no longer feasible or in its best interest, it may withdraw the proposal.

D.Decision Regarding Request

The Department may approve a Formal Request upon finding that it is technically feasible and promotes economic development while ensuring public safety. Upon approval of a Request, the Department will issue a written decision as described in Section 5. Approval of the Request shall be subject to and contingent upon the execution of a Memorandum of Agreement and a Project Financing Agreement by the Department and the Requestor and satisfaction of such other conditions as may be required by the Department.

E.Authority to Reject

The Department may reject any Formal Request that cannot be implemented without excessive cost or undue risk to the public or without causing unacceptable deterioration to the public infrastructure.

17-229 C.M.R. ch. 310, § 4