Maine Statute | Act | Code |Title 23. Highways| US Code - US Statute | Chapter 410. Department Of Transportation (heading. Pl 1987, C. 141, Pt. A, @2 (rpr))

Title 23 - §4201. Department; commissioner (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4201. Department; commissioner (REPEALED)

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Title 23 - §4202. Short title

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4202. Short title

This Act shall be known as and may be cited as the Maine Transportation Act. [1971, c. 622, § 77-C (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 23 - §4203. Definitions

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4203. Definitions

The following terms, when used in this Act, shall have the following meanings, unless the context otherwise requires. [1971, c. 622, § 77-D (amd).]

1. Commissioner. "Commissioner" means the Commissioner of Transportation. [1971, c. 593, § 16 (new).]

2. Department. "Department" means the Department of Transportation. [1971, c. 593, § 16 (new).]

3. Transportation. "Transportation" means any form of transportation for people or goods within, to or from the State, whether by highway, air, water or rail. [1971, c. 593, § 16 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 23 - §4204. Declaration of policy

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4204. Declaration of policy

It is declared to be the policy of the State of Maine that adequate, safe and efficient transportation facilities and services are essential to the economic growth of the State and the well-being of its people and that the planning and development of such facilities and services shall be coordinated by a state department of transportation with overall responsibility for balanced transportation policy and planning. [1971, c. 593, § 16 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §4205. Department; commissioner

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4205. Department; commissioner

There is created and established the Department of Transportation to consist of a Commissioner of Transportation appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over transportation and to confirmation by the Legislature, who shall serve at the pleasure of the Governor. [1981, c. 698, Â§ 106 (rpr).]

1. [1981, c. 456, Pt.$HN A, Â§ 87 (rp).]

2. [1981, c. 456, Pt. A, Â§ 87 (rp).]

3. [1981, c. 456, Pt. A, Â§ 87 (rp).]

4. [1981, c. 698, Â§ 106 (rp).$HN]

5. [1981, c. 698, Â§ 106 (rp).]

6. [1981, c. 98, Â§ 2 (rp).]

7. [1981, c. 98, Â§ 2 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4206. Duties of commissioner

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4206. Duties of commissioner

1. Duties. The commissioner shall have the following general powers, duties and responsibilities:

A. To develop for the State, comprehensive, balanced transportation policy and planning as will meet the present and future needs for adequate, safe and efficient transportation facilities and services; [1971, c. 593, §16 (new).]

B. To assist in the development and operation of transportation facilities and services in the State; [1971, c. 593, §16 (new).]

C. To promote the coordinated and efficient use of all available and future modes of transportation; [1971, c. 593, §16 (new).]

D. To exercise and perform such other functions, powers and duties as shall have been or may be from time to time conferred or imposed by law, including all the functions, powers and duties assigned and transferred to the Department of Transportation from and as now imposed by law or otherwise conferred on these units designated in section 4205; [1971, c. 593, §16 (new).]

E. To appear as chief spokesman for the State before such national, regional, state and local agencies, groups or organizations including regulatory agencies as he deems necessary to enhance and promote the transportation interest of Maine, to counsel, advise and participate for the furtherance of the intent and purpose of this chapter; [1971, c. 593, §16 (new).]

F. To stimulate active support for and to develop, administer and promote transportation safety action programs throughout the State of Maine and to formulate and recommend to the Legislature specific measures for these purposes; [1971, c. 593, §16 (new).]

G. To establish a system of scenic highways in the State of Maine and preserve the scenic values along the system of highways; to develop and adopt procedures for the designation and development of that system of scenic highways and the preservation of the scenic value in the highway corridor and in the implementation of this intent and purpose consider the scenic value, safety aspects, economic implications, preservation of scenic value and compatability with other national, regional and local conservation plans; [1971, c. 593, §16 (new).]

H. To acquire, construct, operate and maintain such harbor facilities as may be necessary to implement the planned development of coastal resources, ports and harbors; to operate and maintain the port facilities as now within or as may hereafter come within the jurisdiction of the Department of Transportation; and to oversee the administration of the Maine State Pilotage Commission; [1997, c. 727, Pt. C, §5 (amd).]

I. To accept and receive and be the sole administrator of all federal or other moneys for and in behalf of this State or any political subdivision thereof now or hereafter available for purposes of transportation or which would further the intent and specific purposes of this chapter; [1983, c. 310, §1 (amd).]

J. To oversee matters relating to railroad safety, provided that jurisdiction of the commissioner shall in no way diminish, infringe upon or replace the jurisdiction of the United States Department of Transportation, Federal Railroad Administration with regard to employee safety; [1983, c. 310, § 2 (amd).]

K. [1981, c. 492, Pt. D, §5 (rp).]

L. [1985, c. 506, Pt. A, §48 (rp).]

M. Acting upon the advice of the State Tax Assessor, to negotiate a compact with other states, the District of Columbia and Canadian provinces for the administration of user license fees on condition that the compact provides for:

(1) The collection of the annual user license fee for any other state or province by the state or province in which the motor truck is registered;

(2) The disbursement of revenues due to other states or provinces subject to the compact;

(3) The free exchange of information between and among the states or provinces subject to the compact; and

(4) The establishment of identification tags or decals.

The compact must provide for reciprocal enforcement of the laws establishing the annual user license fees and for the auditing of all books, records and logs of the operator of a motor truck by the state or province in which the motor truck is registered, which pertains to travel in it and any other state or province subject to the compact; [2005, c. 277, §1 (amd).]

N. To make contracts and enter into agreements with and make assurances and certifications to the Maine Turnpike Authority, and other 3rd parties, necessary in connection with determination of Department of Transportation projects and the issuance of bonds or obligations pursuant to section 1968, subsection 2-A; and [2005, c. 277, §2 (amd).]

O. To bring before the joint standing committee of the Legislature having jurisdiction over transportation matters for review and approval any proposal that would alter the current land use, ownership or jurisdiction of lands owned by the State within the Port of Searsport presently under the jurisdiction of the department. [2005, c. 277, §3 (new).]

[2005, c. 277, §§1-3 (amd).]

2. Organization. The commissioner shall organize the department into such bureaus, divisions and other units as he deems necessary to fulfill the duties of the department, provided at all times there shall be the following bureaus:

A. Bureau of Finance and Administration; [1981, c. 45, §2 (rpr).]

B. [1995, c. 504, Pt. B, §7 (rp).]

C. Bureau of Planning; [1981, c. 45, §2 (rpr).]

D. Bureau of Project Development; and [1981, c. 45, §2 (rpr).]

E. Bureau of Maintenance and Operations. [1981, c. 45, §2 (rpr).]

[1995, c. 504, Pt. B, §7 (amd).]

3. Advisory boards. The commissioner, subject to approval by the Governor, shall organize and create such advisory committees and boards to serve at the pleasure of the commissioner for such terms and purposes as are deemed to be in the best interest of furthering the intent and purposes of this chapter. Such committees and boards shall be made up of persons especially skilled, knowledgeable or experienced in some phase of transportation. The commissioner shall fix the compensation for those who serve on such boards and committees with the consent and approval of the Governor. [1975, c. 771, §258 (amd).]

4. Personnel. The commissioner may appoint such deputies, directors, assistants, general counsel and other officers and employees as may be needed for the performance of his duties. These appointments shall be subject to the Civil Service Law, except for the following who shall serve at the pleasure of the commissioner: Deputy Commissioners of Transportation; Chief Counsel, Bureau of Legal Services; Assistant to the Commissioner; and Assistant to the Commissioner for Public Information. [1985, c. 785, Pt. B, §105 (amd).]

5. Rules and regulations. The commissioner may prescribe and promulgate all necessary rules and regulations in order to fulfill the purposes of this Title. [1971, c. 593, §16 (new).]

6. Hearings. The commissioner may conduct investigations, inquiries and hearings concerning all matters within the jurisdiction of the department. The commissioner may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, records, books and documents and if any person refuses to attend, testify or produce papers, records, books and documents as ordered, a Justice of the Superior Court, upon application of the commissioner, may make such order as is appropriate to aid in enforcement of the order. [1971, c. 593, §16 (new).]

7. Delegation. The commissioner may delegate to deputies, directors, assistants and other officers and employees of the department such of his duties as he deems appropriate. [1971, c. 593, §16 (new).]

8. Experimental projects. The commissioner may engage in such experimental projects as he deems will contribute to furthering the purposes of this chapter. [1971, c. 593, §16 (new).]

9. Experimental vehicle permits. The Commissioner of Transportation, with the advice of the Commissioner of Public Safety and the Director of Motor Vehicles, may establish a program providing for the issuance of temporary experimental vehicle permits on a discretionary basis, each for a period not exceeding 2 years, upon proper application in writing from a trucker representing a significant sector of the trucking industry. The permits are to provide for the operation and the evaluation of the operation of experimental vehicles that have a length, width, height, weight and other conditions beyond that specified in Title 29-A, over any nonlimited way or bridge. These permits carry no fee. Registration must be assessed for the applicable road limit exclusive of general or special commodity permits, despite expected operation beyond these limits, in an experimental mode. Multistate experiments are to be encouraged. Registration in another state in the context of a regional multistate experiment will be honored without the necessity of acquiring a Maine registration. These permits may be granted only within the context of a structured joint industry-government evaluation program, including preparatory off-road performance tests, strictly controlled operational testing on the highway system and both in-process and final evaluation reports covering productivity, operating characteristics and safety. Additional reports may be required by the commissioner if considered necessary during the experimental phase. The Commissioner of Transportation shall issue these permits on a limited basis and only if the commissioner judges that a significant potential exists for increased productivity without undue compromise in safety by the eventual legal general operation of the experimental vehicle, without permit, on the highway system. No commitment to that eventual operation is implied by the issuance of the temporary experimental vehicle permit. The Commissioner of Transportation shall ratify, at the commissioner's discretion, all conditions of the experimental programs proposed, including, but not limited to, preparatory off-road vehicle tests, time limits, vehicle dimensions, axle and gross weight limits, routing, insurance and reporting provisions. The commissioner may terminate any evaluation at any time if in the commissioner's judgment the operation of the vehicle poses an undue threat to public safety or the integrity of the highway system or if the conditions of the permit are violated. The commissioner shall submit a report biennially to the joint standing committee of the Legislature having jurisdiction over transportation before the first regular session of each Legislature. This report must discuss the progress of any experimental vehicle evaluations and contain recommendations, if any, for legislation leading to their eventual general use on the highway system. If during the previous biennium there has been no activity relating to the evaluation and permitting of experimental vehicles, the reporting requirement is waived. [1999, c. 152, Pt. H, §1 (amd).]

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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4207-A. Railroads; acquisition of railroad operating equipment by the Department of Transportation (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4207-A. Railroads; acquisition of railroad operating equipment by the Department of Transportation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4207. Railroads; lease or purchase of certain railroad lines by the Department of Transportation (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4207. Railroads; lease or purchase of certain railroad lines by the Department of Transportation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §4208. Defensive driving courses; fees

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4208. Defensive driving courses; fees

The Department of Public Safety is authorized to conduct defensive driving courses for the purpose of promoting highway safety and to charge a registration fee of $20 to participants in the defensive driving courses conducted under the auspices of the department. The fee shall be used to cover the cost of conducting the courses. Any balances remaining at the end of the fiscal year shall not lapse but shall be carried forward to be used for the purposes stated in this section. [1989, c. 616, §1 (amd).] div>
The course must include instruction in the existence and the practical purpose of parking laws and ordinances for persons with disabilities. [1995, c. 505, §10 (amd); §22 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4209. Public transportation administration

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4209. Public transportation administration

1. Geographic regions. The Department of Transportation shall divide the State into a number of geographic regions for regional distribution of state-administered transportation funds. Upon designation of the geographic regions, a regional public transportation agency must be selected from each region to formulate a biennial regional operations plan. Selection must be by the Department of Transportation with the consent of the Department of Health and Human Services. The Department of Transportation shall establish a schedule for submittal of the biennial regional operations plan and shall reference these plans in its biennial transportation improvement plan submitted to the Legislature. [RR 2003, c. 2, §83 (cor).]

2. Biennial regional operations plan. The biennial regional operations plan submitted by each regional public transportation agency must provide for the following:

A. Maximum feasible coordination of funds among all state agencies that sponsor transportation in the region; [1987, c. 428, §1 (amd).]

B. Development and maintenance of a permanent and effective public transportation system, with particular regard to low-income, elderly and handicapped residents; [RR 1995, c. 2, §47 (cor).]

C. Participation of private transit operators in the service, to the greatest extent possible; and [1979, c. 505, §4 (new).]

D. Conformity with general operations requirements as may be prescribed by the commissioner. [1979, c. 505, §4 (new).]

In years in which no biennial plan is required, amendments to the effective operations may be submitted. Approval of each regional operations plan must be by the Department of Transportation with the consent of the Department of Health and Human Services. Upon approval, all agencies, groups or organizations named to participate in the provision of service in accordance with a regional operations plan are eligible to receive funds administered by the Department of Transportation. [RR 2003, c. 2, §83 (cor).]

3. State assistance. Within the limits of available funding, the department shall provide assistance as follows:

A. Planning and technical assistance, information transfer, capital and operations planning, performance monitoring and evaluation, quality assurance, accounting, assistance with management information systems and service reporting to a regional operations plan drafter or transportation provider and securing of provider compliance with the requirements of other state agencies in these areas; [1987, c. 428, §2 (amd).]

A-1. Act as mediator and, if necessary, final arbiter of disputes between state agencies and transportation providers regarding service; [1987, c. 428, §2 (new).]

A-2. In consultation with the Bureau of Insurance, advise transportation providers regarding the liability of volunteer drivers; [1991, c. 859, §1 (new).]

B. Capital assistance to transportation providers for up to 100% of the nonfederal share required by federal assistance programs; [1991, c. 103 (amd).]

C. Operating assistance to transportation providers in an amount up to 12 of the operating deficit incurred in fulfillment of the biennial regional operations plan; and [1987, c. 428, §2 (amd).]

D. Notwithstanding any other provision of law and except as funds are necessary to carry out the object of this section, funds appropriated for public transportation shall not lapse at the end of a fiscal year, but shall be carried forward from year to year to be expended for the same purpose. [1985, c. 174, Pt. E (new).]

[1991, c. 859, §1 (amd).]

4. Human services assistance; priorities. A liaison appointed by the Department of Health and Human Services shall act to coordinate purchase of service contracts and serve in an advisory capacity to the department in matters concerning public transportation. In the event that transportation funds for human services' programs are insufficient for full implementation of the human services' portion of an approved biennial regional operations plan, priorities established by the Department of Health and Human Services determine the priority clients that must be initially served by human services' funds. The Department of Health and Human Services and its agents shall actively engage local transportation providers in the planning of new services that are expected to have a transportation component. The Department of Health and Human Services shall ensure that any new service to be provided is adequately funded to cover the costs of the transportation component of the program. [RR 2003, c. 2, §84 (cor).]

5. Intercity service. Intercity service shall be service designated as such in a public transportation plan developed by the department. Intercity service planning shall fulfill the requirements set forth in subsection 2 and shall address public transportation needs that cannot be met by regional operations planning. The State may contribute to the nonfederal costs of intercity service. [1979, c. 505, §4 (new).]

6. Letters of credit; reporting requirements; general powers. To further the purposes of this section, the Department of Transportation may do the following:

A. Make available letters of credit or other appropriate assistance to transportation providers faced with unavoidable difficulties in securing day-to-day operating expenses; [1979, c. 505, §4 (new).]

B. Investigate all practicable ways that reporting requirements might be unified to reduce the paper workload for state and regional public transportation administration; and [1979, c. 505, §4 (new).]

C. Exercise all powers necessary, convenient or incidental to assuring the development and maintenance of effective public transportation service throughout the State. [1979, c. 505, §4 (new).]

[1979, c. 505, §4 (new).]

7. Review. [1987, c. 428, §4 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4210-A. Payment for cost of relocating utility facilities underground in federally designated historic districts on federal aid highways

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4210-A. Payment for cost of relocating utility facilities underground in federally designated historic districts on federal aid highways

1. Reimbursement. The department, in the course of delivering the federal surface transportation program, 23 United States Code, Section 133 (2005) may reimburse a National Register Historic District or the community in which the National Register Historic District is located for the portion of the cost to move or relocate overhead utilities underground to the extent that such payments by the department are eligible for reimbursement under the federal surface transportation program pursuant to 23 United States Code, Section 133 (2005). To be eligible for this reimbursement, the project must be located in a National Register Historic District and on the National Highway System and may not increase the department's cost or liability in complying with the National Historic Preservation Act, 16 United States Code, Sections 470 to 470x-6 (2005) or with 49 United States Code, Section 303 (2005). For the purposes of this section, "National Register Historic District" means a district that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 United States Code, Sections 470 to 470x-6 (2005). The amount paid in any biennium under this section may not exceed federal surface transportation program funds available under 23 United States Code, Section 133 (2005) to reimburse the State in that biennium. [2005, c. 282, §1 (new).]

2. Rules. The department may adopt rules necessary to implement this section. The rules must be consistent with any applicable federal regulations relating to the cost of relocation and with rules adopted pursuant to section 255. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 282, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4210-B. State Transit, Aviation and Rail Transportation Fund

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4210-B. State Transit, Aviation and Rail Transportation Fund

1. Establishment of fund. The State Transit, Aviation and Rail Transportation Fund, referred to in this section as "the STAR Transportation Fund" is established as an enterprise fund through the Department of Administrative and Financial Services. Funds appropriated, allocated, transferred or deposited in the account accrue interest earnings that must be used within the STAR Transportation Fund. [2005, c. 457, Pt. GGG, §3 (new).]

2. Establishment of program. The department shall establish the STAR Transportation Fund program through the Department of Administrative and Financial Services, Office of the State Controller. [2005, c. 457, Pt. GGG, §3 (new).]

3. Use of funds. The money deposited into the STAR Transportation Fund must be used for the support of the activities of the STAR Transportation Fund to manage transit, aeronautics and rail transportation. [2005, c. 457, Pt. GGG, §3 (new).]

4. Disbursements from fund. Money disbursed from the STAR Transportation Fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of the STAR Transportation Fund including buildings, structures and improvements and equipment. [2005, c. 457, Pt. GGG, §3 (new).]

5. Other fund sources. The STAR Transportation Fund may accept funds from other sources, including, but not limited to, the Federal Rail Administration, to carry out the provisions of this section. [2005, c. 457, Pt. GGG, §3 (new).]

6. Financial management. All assets including the cash balance, liabilities and equity in the Augusta State Airport Fund must be transferred to the STAR Transportation Fund and accounted for in a manner prescribed by the Department of Administrative and Financial Services, Office of the State Controller. [2005, c. 457, Pt. GGG, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4210-C. Marine Highway account

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4210-C. Marine Highway account

1. Establishment of account. The department shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Marine Highway account, referred to in this section as "the account," in the Highway Fund. [2005, c. 457, Pt. GGG, §3 (new).]

2. Purpose of account. The purpose of the account is to allow the Highway Fund to provide support to the Maine State Ferry Service that was previously provided by the General Fund because ferries are an integral part of the highway system and carry motor vehicles and are the only method of vehicular transportation available to and from the islands. [2005, c. 457, Pt. GGG, §3 (new).]

3. Calculation. The account is not considered a General Fund appropriation or Highway Fund allocation for highway purposes in order to calculate the annual funding for the Urban-Rural Initiative Program pursuant to section 1803-B. [2005, c. 457, Pt. GGG, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4210-D. Accounting

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4210-D. Accounting

The department shall comply with accounting policies and procedures promulgated by the Department of Administrative and Financial Services, Office of the State Controller. Any changes in accounting methodology proposed by the department must be approved by the Office of the State Controller. [2005, c. 457, Pt. GGG, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4210. Transportation Facilities Fund

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))

§4210. Transportation Facilities Fund

1. Fund established. The Transportation Facilities Fund, referred to in this section as the "fund," is established as a nonlapsing fund through the Department of Administrative and Financial Services, Office of the State Controller as an internal service fund administered by the Department of Transportation. [2001, c. 83, Pt. C, §1 (new); 2003, c. 600, §4 (rev).]

2. Fund services. Money deposited in the fund may include, but is not limited to, money transferred to the account from within the department, money received from the units within the department using the rental spaces provided by the fund and earnings by the fund from the Treasurer of State's cash pool. [2001, c. 83, Pt. C, §1 (new).]

3. Distribution from fund. Money distributed from the fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing buildings, including permanent storage facilities, garages and field office buildings, except for buildings and facilities under the supervision of the Department of Administrative and Financial Services, Bureau of General Services. [2001, c. 83, Pt. C, §1 (new).]

4. Leased space. Use of the fund in order to lease space to the operating units of the department must comply with the rate schedule approved by the commissioner. Lease payments must provide for repair costs, operating costs, necessary capital investment, working capital for the fund and must be developed and levied in accordance with the provisions of Federal Office of Management and Budget Circular A-87 or its successor document. [2001, c. 83, Pt. C, §1 (new).]

5. Budget. Upon recommendation of the State Budget Officer and approval by the Governor, prior legislatively authorized budgets within the department may be realigned to ensure adequate funding for projected lease payments. Within 10 days of any realignment of a prior legislatively authorized budget, the commissioner shall submit a written report that details the realignments to the joint standing committee of the Legislature having jurisdiction over transportation matters. After realignment of the budgets, full and normal budgeting will occur for the fund in future years. Expenditures from the fund are subject to allocations that must be approved by the Legislature. [2001, c. 83, Pt. C, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4211-A. Application for financial assistance (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4211-A. Application for financial assistance (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4211. Railroads examined; annual report (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4211. Railroads examined; annual report (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4212. Certificate of safety for passenger trains (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4212. Certificate of safety for passenger trains (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4213. Experienced engineer to examine bridges (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4213. Experienced engineer to examine bridges (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4214. Managers notified when road unsafe (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4214. Managers notified when road unsafe (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4215. Court proceedings for noncompliance (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4215. Court proceedings for noncompliance (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4216. Passenger trains prohibited from running over unsafe roads (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4216. Passenger trains prohibited from running over unsafe roads (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4217. Crossings and bridges (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4217. Crossings and bridges (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4218. Safety provisions (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4218. Safety provisions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4219. Orders of the commissioner (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4219. Orders of the commissioner (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4220. Prior orders and rules effective (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4220. Prior orders and rules effective (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4221. Investigation and reports of accidents (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 2: INSPECTION AND INVESTIGATION OF RAILROADS (HEADING: PL 1989, c. 398, @6 (rp))

§4221. Investigation and reports of accidents (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4231. Participation in the United States Railroad Administration Track and Equipment Safety and Inspection Program (REPEALED)

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 3: TRACK AND EQUIPMENT INSPECTION PROGRAM (HEADING: PL 1989, c. 398, @6 (rp))

§4231. Participation in the United States Railroad Administration Track and Equipment Safety and Inspection Program (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4241. Definitions

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 4: CONTRACTS (HEADING: PL 2005, c. 313, @6 (new))

§4241. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2005, c. 313, §6 (new).]

1. Transportation infrastructure. "Transportation infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to those modes. [2005, c. 313, §6 (new).]

2. Transportation-related services. "Transportation-related services" means all services necessary or convenient to discharge the powers, duties and responsibilities of the department and the commissioner as provided by law including those provided in section 4206. These services include all services necessary or convenient to plan, design, engineer, construct, improve, demolish, maintain or use transportation infrastructure. These services may include, but are not limited to, planning and feasibility studies, engineering, surveying, mapping, environmental services, architectural-related services, appraisal, title services, right-of-way services, project and program management, construction support services and equal opportunity and civil rights services. [2005, c. 313, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4242. Contracts for transportation-related services

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 4: CONTRACTS (HEADING: PL 2005, c. 313, @6 (new))

§4242. Contracts for transportation-related services

The department has full power in the procurement and letting of all contracts for transportation-related services. The department may award contracts for these services pursuant to procedures permitted by federal law. The department may solicit statements of qualifications and proposals, and award contracts for services based upon the criteria contained in the solicitations, only if the solicitations are posted electronically on the department's publicly accessible site on the Internet for at least 2 weeks or advertised in newspapers. If advertisements are published in newspapers, they must appear in 2 or more public newspapers circulated wholly or in part in the State and in one public newspaper circulated wholly or in part in the county where the proposed work is to be done, if any such newspaper is circulated in that county. [2005, c. 313, §6 (new).] div>
The department has the full power to maintain qualifications and performance data on firms and individuals that seek to provide transportation-related services. The commissioner may designate projects requiring additional project-specific prequalification standards and procedures for interested firms and individuals. [2005, c. 313, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §4243. Contracts for construction and maintenance

Title 23: HIGHWAYS
Part 5: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Chapter 410: DEPARTMENT OF TRANSPORTATION (HEADING: PL 1987, c. 141, Pt. A, @2 (rpr))
Subchapter 4: CONTRACTS (HEADING: PL 2005, c. 313, @6 (new))

§4243. Contracts for construction and maintenance

The department has full power in the procurement and letting of all contracts to construct, demolish or maintain transportation infrastructure. The department shall make, or cause to be made, all surveys, plans, estimates, specifications and contracts for all proposed work. If the work is to be contracted, the department shall, except as otherwise provided in this Title, advertise for bids for the proposed work electronically through the department's publicly accessible site on the Internet or through advertisements in newspapers. If advertisements are published in newspapers, advertisements must appear in 2 or more public newspapers circulated wholly or in part in the State and in one public newspaper circulated wholly or in part in the county where the proposed work is to be done if any such newspaper is circulated in that county. The advertisement must state the place where the bidders may purchase or examine the plans and specifications and the time and place where the bids for the work will be received by the department. Each bidder must accompany its bid with a bid guaranty in accordance with the department's specifications. All bids submitted must be publicly opened and read at the time and place stated in the advertisement. The department has the right to reject any bids and to advertise for new bids if, in the department's opinion, doing so is in the best interest of the department; otherwise, the department shall award the contract to the responsible bidder submitting the lowest bid. A town may submit bids for construction, demolition or maintenance of transportation infrastructure within that town's limits and is subject to all requirements prescribed for other contractors, except that a bond is not required of the town. The department may construct, demolish or maintain transportation infrastructure by day labor without advertising for bids and may, with the approval of the Governor, award contracts for the construction, demolition or maintenance of transportation infrastructure without advertising for bids if doing so is in the best interest of the State. [2005, c. 313, §6 (new).] div>
The department has the full power to prequalify bidders for construction, demolition and maintenance projects based on factors contained in the department's written prequalification procedures. The commissioner may designate projects requiring project-specific prequalification standards and procedures for bidders. [2005, c. 313, §6 (new).] div>
The department may adopt its own standard contract specifications. The department's standard specifications must be used in lieu of federally mandated contract clauses. [2005, c. 313, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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