Usa Maine

USA Statutes : maine
Title : Title 29-A. MOTOR VEHICLES (HEADING. PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter : Chapter 01. GENERAL PROVISIONS (HEADING. PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Title 29-A - §101. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) head>
Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§101. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

1. Adjudication. "Adjudication" means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


1-A. Access aisle. "Access aisle" means a designated space for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle, and that is immediately adjacent to a properly designated parking space for a person with a disability. An access aisle must be marked so as to discourage parking in it. [2005, c. 433, §3 (new); §28 (aff).]


2. Altered vehicle. "Altered vehicle" means a motor vehicle with a gross vehicle weight rating of 10,000 pounds or less that is modified so that the distance from the ground to the lowermost point on any part of the frame or body is different from the manufacturer's specifications, unless that difference is caused by:



A. The use of tires that are no more than 2 sizes larger than the manufacturer's recommended sizes; [2005, c. 276, §1 (amd).]




B. The installation of a heavy duty suspension, including shock absorbers and overload springs; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Normal wear of the suspension system that does not affect control of the vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[2005, c. 276, §1 (amd).]


3. Antique auto. "Antique auto" means an automobile or truck manufactured in or after model year 1916 that is:



A. More than 25 years old; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Substantially maintained in original or restored condition primarily for use in exhibitions, club activities, parades or other functions of public interest; [1997, c. 653, §2 (amd).]




D. Not used as its owner's primary mode of transportation of passengers or goods; [2005, c. 314, §1 (amd).]




E. Not a reconstructed vehicle; and [2005, c. 314, §2 (amd).]




F. Not an altered vehicle. [2005, c. 314, §3 (new).]

[2005, c. 314, §§1-3 (amd).]


4. Antique motorcycle. "Antique motorcycle" means a motorcycle or a motor-driven cycle that is:



A. More than 25 years old; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Maintained primarily for use in exhibitions, club activities, parades or other functions of public interest; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




D. Not used as its owner's primary mode of transportation of passengers or goods. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


5. Articulated bus. "Articulated bus" means a bus consisting of 2 passenger-carrying sections in which the rear body section is flexibly but permanently connected to the front section in a manner that allows the vehicle to bend without having an interior barrier to movement between sections of the vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


6. Authorized emergency vehicle. "Authorized emergency vehicle" has the same meaning as defined in section 2054. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


7. Automobile. "Automobile" means a motor vehicle designed for the conveyance of passengers that has a seating capacity of not more than 15 persons, including the operator. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


8. Axle. "Axle" means an assembly of a vehicle consisting of 2 or more wheels whose centers are in one horizontal plane and by which a portion of the weight of a vehicle load may be transmitted to the roadway. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


8-A. Axle weight. "Axle weight" means the weight of an axle plus the weight of the load carried by the axle. [2003, c. 166, §2 (new).]


9. Bicycle. "Bicycle" means a device primarily propelled by human power, operated by a person usually seated on a seat and driven on the ground on wheels by the operator. [2001, c. 148, §1 (amd).]


10. Bureau. "Bureau" means the Bureau of Motor Vehicles. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


11. Bus. "Bus" means a motor vehicle designed for carrying more than 15 persons, including the operator. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


12. Business or residential district. "Business or residential district" means the part of a municipality, contiguous to a way, that is built up with structures that are situated less than 150 feet apart for a distance of at least 14 of a mile. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


13. Camp trailer. "Camp trailer" means a trailer or semitrailer primarily designed and constructed to provide temporary living quarters for recreational, camping, travel or other use. "Camp trailer" includes a manufactured or homemade tent trailer, so called, that consists of a platform, shelf or box with means of permanently or temporarily attaching a tent. "Camp trailer" does not include a mobile home. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


14. Certified reserve officer. "Certified reserve officer" means an officer who has attended the 100-hour reserve training program sponsored by the Maine Criminal Justice Academy and has received the academy's certification as a reserve officer. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


15. Classic vehicle. "Classic vehicle" means a motor vehicle that is at least 16 years old but less than 26 years old that the Secretary of State determines is of significance to vehicle collectors because of its make, model and condition and is valued at more than $5,000. [2001, c. 361, §1 (amd).]


16. Commercial driver's license. "Commercial driver's license" means a license authorizing an individual to operate a class of commercial motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


17. Commercial motor vehicle. "Commercial motor vehicle" means a motor vehicle that:



A. Has a gross vehicle weight rating or a registered weight of 26,001 or more pounds; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Is a bus; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Is used in the transportation of hazardous materials requiring placarding under the federal Hazardous Materials Transportation Act and related regulations in 49 Code of Federal Regulations, Part 172, Subpart F or any quantity of a material listed as a select agent or toxin in 42 Code of Federal Regulations, Part 73. [2003, c. 434, §2 (amd); §37 (aff).]

[2003, c. 434, §2 (amd); §37 (aff).]


18. Crosswalk. "Crosswalk" means the portion of a way:



A. At an intersection that is included within extensions of the lateral lines of the sidewalks on opposite sides of the way beginning at the curbs or, in the absence of curbs, from the edge of traversable ways; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. At an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the way surface. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


19. Curb. "Curb" means the edge of a sidewalk nearest to a way or either edge of the wrought or usually traveled part of a way. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


19-A. (TEXT EFFECTIVE 7106) Custom vehicle. "Custom vehicle" means a motor vehicle that is at least 30 years old and of a model year after 1948 or a motor vehicle that was manufactured to resemble a motor vehicle that is at least 30 years old and of a model year after 1948 and that has been altered from the manufacturer's original design or has a body constructed from nonoriginal material. [2005, c. 321, §1 (new); §6 (aff).]


20. Daytime. "Daytime" means any time from 12 hour before sunrise to 12 hour after sunset. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


21. Department. "Department" means the Department of Transportation. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


22. Driver. "Driver" has the same meaning as "operator" as defined in subsection 48. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


22-A. Electric personal assistive mobility device. "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. [2001, c. 687, §3 (new).]


23. Farming. "Farming" means engaging in farming in all its branches and the cultivation and tillage of the soil as a livelihood and includes dairying; raising livestock, freshwater fish, fur-bearing animals or poultry; producing, cultivating, growing and harvesting fruit, produce or floricultural or horticultural commodities; or any practices on a farm that are incident to or in conjunction with these farming operations. For the purposes of this Title, "farming" does not include forestry, the growing of timber or the operation of a farm for recreational activity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


23-A. Final-stage manufacturer. "Final-stage manufacturer" means a manufacturer who performs manufacturing operations on an incomplete vehicle such that the vehicle becomes complete. [2003, c. 166, §3 (new).]


24. Fish truck. "Fish truck" means a 2-axle or 3-axle motor truck used primarily to harvest and transport fish or marine animals, including use in aquaculture. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


25. For-hire transportation. "For-hire transportation" means the transportation for compensation of passengers, freight or merchandise not owned by the carrier. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


25-A. Golf cart. "Golf cart" means a motor vehicle that is originally designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. "Golf cart" does not include an ATV as defined in Title 12, section 13001. [2003, c. 414, Pt. B, §40 (amd); c. 614, §9 (aff).]


26. Gross weight. "Gross weight" means the weight in pounds of an empty vehicle or axle plus the weight of the maximum load to be carried by the vehicle or axle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


26-A. Gross vehicle weight. "Gross vehicle weight" or "GVW" means the actual total weight of the vehicle and load. [2003, c. 166, §4 (new).]


26-B. Gross vehicle weight rating. "Gross vehicle weight rating" or "GVWR" means the weight of the vehicle and load as determined by the final-stage manufacturer, as the rating appears on the vehicle. [2003, c. 166, §4 (new).]


27. Hazardous material. "Hazardous material" means any material that has been designated as hazardous under 49 United States Code, Sections 5101 to 5127 (2003) and is required to be placarded under 49 Code of Federal Regulations, Part 172, Subpart F or any quantity of material listed as a select agent or toxin in 42 Code of Federal Regulations, Part 73. [2003, c. 434, §3 (amd); §37 (aff).]


28. Horseless carriage. "Horseless carriage" means an automobile manufactured before model year 1916 that is:



A. Equipped with an engine manufactured either at the same time as the vehicle or to the specifications of the original engine of the vehicle; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Maintained primarily for use in exhibitions, club activities, parades and other functions of public interest; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Not used as its owner's primary mode of transportation of passengers or goods. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


28-A. Immediate family member. "Immediate family member" means a grandparent, stepgrandparent, parent, stepparent, brother, stepbrother, sister, stepsister, child, stepchild or spouse. [2005, c. 433, §2 (rpr); §28 (aff).]


28-B. Improved school property. "Improved school property" means the developed portion of school property including driveways, parking lots, playgrounds, athletic fields or school buildings. [2001, c. 145, §1 (new).]


29. Intersection. "Intersection" means:



A. For ways joining each other at approximately right angles, the area within the extension of the outside boundary of the way or curb lines; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. For other joining ways, the area at the junction within which vehicles may come in contact; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Where the opposite lanes of a divided highway are separated by 30 feet or more, every crossing of each lane by an intersecting highway. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


29-A. Interstate highway, interstate system or interstate highway system. "Interstate highway," "interstate system" or "interstate highway system" has the same meaning as defined in Title 23, section 1903, subsection 3, except that it does not include that portion of the Maine Turnpike designated Interstate 95 and 495 and that portion of Interstate 95 from the southern terminus of the Maine Turnpike to the New Hampshire state line. [2003, c. 166, §5 (new).]


30. Law enforcement officer. "Law enforcement officer" means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. "Law enforcement officer" also means an officer or special investigator of the Bureau of Revenue Services, but only when the officer or special investigator is engaged in enforcement of tax laws under this Title or Title 36. [1995, c. 584, Pt. B, §1 (amd); 1997, c. 526, §14 (amd).]


31. License. "License" means an operator's license or driver's license or other license, permit or privilege to operate a motor vehicle. "License" includes, but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


32. Limousine. "Limousine" means a vehicle for hire, with a driver, that is used for the transportation of passengers and that has a seating capacity of at least 5 and no more than 14 persons behind the driver. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


32-A. Low-speed vehicle. "Low-speed vehicle" means a 4-wheeled automobile that is able to attain a speed of at least 20 miles per hour but not more than 25 miles per hour and does not exceed 1,800 pounds in unloaded weight. "Low-speed vehicle" does not include an ATV as defined in Title 12, section 13001. A low-speed vehicle must be originally manufactured and maintained in accordance with the Federal Motor Vehicle Safety Standards as a low-speed vehicle pursuant to 49 Code of Federal Regulations, Section 571.500, as amended. [2003, c. 614, §9 (aff); c. 688, Pt. B, §8 (rpr); §9 (aff).]


33. Median strip. "Median strip" means a physical barrier separating lanes of traffic moving in opposite directions. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


34. Minor. "Minor" means a person who has not attained 18 years of age. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


35. Mobile home. "Mobile home" means a structure, transportable in one or more sections, that:



A. Is 8 feet or more in width and 32 feet or more in length; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Is built on a permanent chassis; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




D. Includes internal plumbing, heating or air conditioning and electrical systems. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

The term "mobile home" includes a mobile home when used: for the advertising, sale, display or promotion of merchandise or services; for a commercial purpose, except the transportation of property; or as public school facilities. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


35-A. Modified show vehicle. "Modified show vehicle" means a factory-produced 2-wheel-drive motor vehicle manufactured after 1949 that is equipped with modified components and that qualifies as a modified show vehicle under rules adopted by the Chief of the State Police. [2001, c. 225, §1 (new).]


36. Moped. "Moped" means a motor-driven cycle with 2 or 3 wheels that:



A. May have foot pedals to permit human propulsion; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Has a motor with a maximum of 2 brake horsepower and a cylinder capacity not exceeding 50 cubic centimeters that is capable of propelling the vehicle unassisted at a speed of 30 miles per hour or less on a level road surface; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Is equipped with a power drive system that only functions directly or automatically and does not require clutching or shifting by the operator after the drive system is engaged. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

"Moped" does not include a motorized bicycle or tricycle or an electric personal assistive mobility device. [2001, c. 687, §4 (amd).]


37. Motor carrier. "Motor carrier" means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


38. Motorcycle. "Motorcycle" means a motor vehicle that has a seat or a saddle for the use of the rider and is designed to travel with not more than 3 wheels in ground contact. "Motorcycle" does not include a motorized bicycle or tricycle, a tractor or a parking control vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


39. Motor-driven cycle. "Motor-driven cycle" means a motorcycle, including a motor scooter, with a motor that produces less than 150 cubic centimeters displacement or that has 5 brake horsepower or less. "Motor-driven cycle" does not include a motorized bicycle or tricycle or an electric personal assistive mobility device. [2001, c. 687, §5 (amd).]


40. Motor home. "Motor home" means a motor vehicle that:



A. Is originally designed, reconstructed or permanently altered to provide facilities for human habitation; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Has a camper permanently attached to it. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

"Motor home" does not include a mobile home. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


41. Motorized bicycle or tricycle. "Motorized bicycle or tricycle" means a bicycle or tricycle that:



A. May have pedals to permit human propulsion; and [1999, c. 170, §1 (amd).]




B. Has a motor attached to a wheel that is rated at no more than 1.5 brake horsepower and has a cylinder capacity capable of propelling the vehicle unassisted at a speed of 25 miles per hour or less on a level road surface. [1999, c. 170, §1 (amd).]




C. [1999, c. 170, §1 (rp).]

"Motorized bicycle or tricycle" does not include an electric personal assistive mobility device. [2001, c. 687, §6 (amd).]


41-A. Motorized wheelchair. "Motorized wheelchair" means a battery-powered device used exclusively for the transportation of an individual with a physical disability. "Motorized wheelchair" does not include an electric personal assistive mobility device. [2001, c. 687, §7 (amd).]


41-B. Motorized scooter. "Motorized scooter" means a scooter that is powered by a motor having a maximum piston displacement of less than 25 cubic centimeters or an electric driven motor and is capable of a maximum speed of no more than 25 miles per hour on a flat surface. "Motorized scooter" does not include an electric personal assistive mobility device. [2001, c. 687, §8 (amd).]


42. Motor vehicle. "Motor vehicle" means a self-propelled vehicle not operated exclusively on tracks but does not include:



A. A snowmobile as defined in Title 12, section 13001; [2003, c. 414, Pt. B, §42 (amd); c. 614, §9 (aff).]




B. An all-terrain vehicle as defined in Title 12, section 13001, unless the all-terrain vehicle is registered for highway use or is operated on a way and section 2080 applies; and [2003, c. 414, Pt. B, §43 (amd); c. 614, §9 (aff).]




C. A motorized wheelchair or an electric personal assistive mobility device. [2001, c. 687, §9 (amd).]

[2003, c. 414, Pt. B, §§42, 43 (amd); c. 614, §9 (aff).]


43. Motor vehicle violation. "Motor vehicle violation" means a violation of this Title. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


44. Moving violation. "Moving violation" means a violation of this Title for which points may be assessed in accordance with section 2458, subsection 3. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


45. Muffler. "Muffler" means a device consisting of a series of chambers or baffle plates or another mechanical design for receiving exhaust gas from an internal combustion engine and reducing noise. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


46. Nighttime. "Nighttime" means a time other than daytime. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


47. Nonresident. "Nonresident" means a person whose legal residence is not in the State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


48. Operator. "Operator" means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


49. Original registration. "Original registration" means a registration other than a renewal of registration by the same owner. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


50. Owner. "Owner" means a person holding title to a vehicle or having exclusive right to the use of the vehicle for a period of 30 days or more. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


51. Parking area. "Parking area" means an area designed for use as access or parking for patrons and customers of establishments to which the public is invited. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


52. Parking control vehicle. "Parking control vehicle" means a 3-wheel vehicle of 25 horsepower or less that has a metal roof and is operated by a law enforcement officer or a parking control officer to control parking and traffic. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


53. Pedestrian. "Pedestrian" means a person on foot or an operator of a wheelchair or a 4-wheeled or 3-wheeled motorized wheelchair. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


54. Person. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


55. Pickup truck. "Pickup truck" means a truck with a registered gross vehicle weight of 6,000 pounds or less. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


56. Pilot vehicle. "Pilot vehicle" means a motor vehicle equipped and operated as required by rules adopted by the Secretary of State that accompanies a vehicle or combination of vehicles that have a length, width, height or weight greater than that specified in this Title. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


57. Pneumatic tire. "Pneumatic tire" means a tire in which confined air supports the load. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


58. Private way. "Private way" means a way privately owned and maintained over which the owner may restrict use or passage and includes a discontinued way even if a public recreation easement has been reserved. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


59. Public way. "Public way" means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


59-A. Reconstructed motorcycle. "Reconstructed motorcycle" means a salvaged or dismantled motorcycle that is repaired or assembled without original manufacturer component parts, excluding fenders. [1997, c. 776, §2 (new).]


60. Reconstructed vehicle. "Reconstructed vehicle" means a vehicle that has been reconstructed to change the original steering, braking system, suspension system or body design, including, but not limited to, a dune buggy, a street rod, a passenger car converted to a pickup truck or a manufactured vehicle body mounted on another manufactured chassis. Repair to a vehicle that replaces parts with similar parts is not reconstruction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


60-A. Registered weight. "Registered weight" means the gross vehicle weight specified on the vehicle's registration certificate. [2003, c. 166, §6 (new).]


61. Registration. "Registration" means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


61-A. Registration agent. "Registration agent" means a nongovernmental entity authorized by the Secretary of State to conduct registration transactions on the bureau's behalf. [1995, c. 645, Pt. B, §4 (new); §24 (aff).]


62. Resident. "Resident" means a person who has declared or established residency in this State or has been domiciled in this State for a period of at least 30 days, except for persons in compliance with section 109, subsection 1. Except for a person in compliance with section 109, subsection 1, a person is deemed to be a resident:



A. For all vehicles owned by that person that are garaged or maintained in this State; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. If engaged in the business of renting you-drive or you-haul vehicles for an apportioned share of all vehicles based on the ratio of the mileage of vehicles operated in this State to the total mileage of vehicles operated both within and without the State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1995, c. 454, §1 (amd).]


63. Revocation of driver's license. "Revocation of driver's license" means the termination of a license or privilege to operate by formal action of the bureau or a court. A revoked license may not be restored or renewed but may only be regained by a new application. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


64. Saddlemount vehicle transporter combination. "Saddlemount vehicle transporter combination" means a combination vehicle consisting of a truck or truck tractor towing one or more trucks or truck tractors, each of which is connected by a saddle to the frame or 5th wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or 5th wheel kingpin connection. This vehicle combination may include a fullmount, which consists of a smaller vehicle mounted completely on the frame of either the first or the last vehicle in a saddlemount vehicle transporter combination. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


64-A. School. "School" has the same meaning as in Title 20-A, section 6353, subsection 7. [2001, c. 667, Pt. A, §45 (rpr); c. 687, §10 (rpr).]


64-B. School zone. "School zone" means the portion of the public highway abutting improved school property or 300 feet on either side of a school entrance, whichever is greater, or as designated under section 2075, subsection 3, paragraph F. [2003, c. 92, §1 (amd).]


64-C. Scooter. "Scooter" means a device upon which a person may ride, consisting of a footboard between 2 end wheels, controlled by an upright steering handle attached to the front wheel and propelled by human power or a motor. "Scooter" does not include an electric personal assistive mobility device. [2003, c. 510, Pt. A, §24 (rpr).]


65. Sell. "Sell" means to sell, offer, negotiate or advertise to sell, display for sale, exchange or otherwise transfer for value. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


66. Semitrailer. "Semitrailer" means a vehicle:



A. Without motive power; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Designed for being drawn by a motor vehicle; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Designed so that some part of its weight and its load rests upon or is carried by that motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

"Semitrailer" includes, but is not limited to, so-called pole dollies and pole dickeys and wheels commonly used as a support for the ends of logs or other long articles. "Semitrailer" excludes tow dollies. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


66-A. Single-axle unit. "Single-axle unit" means one axle, or 2 axles less than 4 feet apart as measured from axle center to axle center. [2003, c. 166, §7 (new).]


67. Solid tires. "Solid tires" means tires of solid rubber or other material that do not depend on confined air for the support of the load. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


68. Solid waste. "Solid waste" means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but not including hazardous waste, biomedical waste, septic tank sludge or agricultural wastes. The fact that a solid waste or constituent of the waste may have value or other use or may be sold or exchanged does not exclude it from this definition. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


69. Special equipment. "Special equipment" means equipment that is drawn by a motor vehicle and that is not designed or used to convey property other than hand tools or parts used in connection with the operation of that equipment, including, but not limited to, air compressors, conveyors, cement mixers, wood splitting or sawing machines, sprayers, compactors, pumps, drills and brush chippers. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


70. Special mobile equipment. "Special mobile equipment" means a self-propelled device operated over the highways that is not designed or used primarily for the transportation of persons or property, including, but not limited to, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, trucks used only to plow snow and to carry sand for ballast, well drillers and wood-sawing equipment used for hire or similar types of equipment. Special mobile equipment that makes frequent movement over public ways, including, but not limited to, self-propelled well drillers or air compressors, is considered Class A equipment. All other special mobile equipment may be considered Class A or Class B equipment at the option of the registrant. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


71. Stinger-steered autotransporter. "Stinger-steered autotransporter" means a combination vehicle consisting of a tractor and semitrailer designed and used specifically for the transport of motor vehicles that has the 5th wheel located on a drop frame located behind and below the rearmost axle of the power unit. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


72. Stock race car. "Stock race car" means a factory-produced motor vehicle that is equipped with roll bars or bracing welded or attached to the frame in a permanent manner, special safety belts and firewalls and that has part of the body removed. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


73. Stop. "Stop," when required, means complete cessation of movement. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


74. Stop or stopping. "Stop" or "stopping," when prohibited, means halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


75. Street or highway. "Street" or "highway" means a public way. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


76. Street rod. "Street rod" means a replica of or a modified antique auto manufactured prior to 1949 that complies with standards adopted by the Chief of the State Police. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


77. Suspension of driver's license. "Suspension of driver's license" means the temporary withdrawal of a license or privilege to operate a motor vehicle by formal action of the bureau or a court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


78. Sunrise and sunset. "Sunrise" and "sunset" are the times given in the Maine Farmers' Almanac for sunrise and sunset respectively on that particular day. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


78-A. Tandem-axle unit. "Tandem-axle unit" means 2 or more axles at least 4 feet and not more than 8 feet apart, as measured from axle center to axle center of the extreme axles. [2003, c. 166, §8 (new).]


79. Taxicab. "Taxicab" means a sedan, station wagon or minivan used for hire, with a driver, that has a seating capacity of fewer than 5 persons behind the driver. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


80. Team. "Team" means a conveyance for persons and for property on a way, except a motor vehicle or a vehicle that is propelled or drawn by human power or used exclusively on tracks. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


81. Tow dolly. "Tow dolly" means a device towed by a motor vehicle and designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the towed motor vehicle are mounted, while the other wheels of the towed motor vehicle remain in contact with the ground. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


82. Tractor. "Tractor" means a motor vehicle used primarily off the highway for farming, forestry or other similar types of activities. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


83. Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using public way for travel. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


84. Traffic control device. "Traffic control device" means a sign, a signal, a marking or a device placed or erected by a public body or official to regulate, warn or guide traffic. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


85. Traffic infraction. "Traffic infraction" means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime and otherwise not punishable by incarceration. The term "traffic infraction" as used in any public or private law of this State or in any rule adopted pursuant to any law of this State has this same meaning and effect. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


86. Trailer. "Trailer" means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on tracks, and so constructed that no part of its weight rests upon the towing vehicle. "Trailer" does not include tow dollies. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


86-A. Tri-axle semitrailer. "Tri-axle semitrailer" means a semitrailer that contains one tri-axle unit. [2003, c. 166, §9 (new).]


86-B. Tri-axle unit. "Tri-axle unit" means 3 axles more than 8 feet and less than 12 feet apart, as measured between the centers of the first and 3rd axles. If the axle center of a single-axle unit is closer than 10 feet, or 9 feet in the case of a steering axle, to the axle center of the nearest axle of a tri-axle unit, the 4 axles are a tri-axle unit. [2003, c. 166, §9 (new).]


87. Trolley trailer. "Trolley trailer" means a trailer equipped with permanent seats that face forward, are parallel to each other and have devices at each end to prevent a passenger from falling from the trailer when it is in motion. A trolley trailer has a maximum seating capacity of 24 passengers. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


88. Truck. "Truck" means a motor vehicle designed and used primarily to carry property. A truck may be used to tow trailers or semitrailers. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


89. Truck camper. "Truck camper" means a slide-in camper designed to be mounted on a truck body to provide temporary living quarters for recreational, camping, travel or other use. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


90. Truck tractor. "Truck tractor" means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


91. Vehicle. "Vehicle" means a device for conveyance of persons or property on a way. "Vehicle" does not include conveyances propelled or drawn by human power or used exclusively on tracks or snowmobiles as defined in Title 12, section 13001 or an electric personal assistive mobility device as defined in this section. [2003, c. 414, Pt. B, §44 (amd); c. 614, §9 (aff).]


92. Way. "Way" means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


93. Wrecker. "Wrecker" means a motor vehicle with hoisting apparatus and special equipment designed and used for towing or carrying wrecked or disabled vehicles or freeing vehicles stalled or stuck in snow, mud or sand. "Wrecker" does not include a vehicle designed to carry or tow more than one vehicle on its own body. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1995,
Ch. 454,
§1 (AMD).
PL 1995,
Ch. 482,
§A1 (AMD).
PL 1995,
Ch. 584,
§B1 (AMD).
PL 1995,
Ch. 645,
§B24 (AFF).
PL 1995,
Ch. 645,
§B4 (AMD).
PL 1997,
Ch. 526,
§14 (AMD).
PL 1997,
Ch. 653,
§2-4 (AMD).
PL 1997,
Ch. 776,
§2 (AMD).
PL 1999,
Ch. 170,
§1 (AMD).
PL 1999,
Ch. 660,
§1 (AMD).
PL 1999,
Ch. 674,
§1 (AMD).
PL 2001,
Ch. 145,
§1,2 (AMD).
PL 2001,
Ch. 148,
§1 (AMD).
PL 2001,
Ch. 197,
§1-3 (AMD).
PL 2001,
Ch. 225,
§1 (AMD).
PL 2001,
Ch. 360,
§1 (AMD).
PL 2001,
Ch. 361,
§1,2 (AMD).
PL 2001,
Ch. 486,
§1 (AMD).
PL 2001,
Ch. 667,
§A45,46 (AMD).
PL 2001,
Ch. 687,
§3-12 (AMD).
PL 2003,
Ch. 92,
§1 (AMD).
PL 2003,
Ch. 166,
§2-9 (AMD).
PL 2003,
Ch. 397,
§1 (AMD).
PL 2003,
Ch. 414,
§B40-44 (AMD).
PL 2003,
Ch. 414,
§D7 (AFF).
PL 2003,
Ch. 434,
§2,3 (AMD).
PL 2003,
Ch. 434,
§37 (AFF).
PL 2003,
Ch. 510,
§A24 (AMD).
PL 2003,
Ch. 614,
§9 (AFF).
PL 2003,
Ch. 688,
§B8 (AMD).
PL 2003,
Ch. 688,
§B9 (AFF).
PL 2005,
Ch. 276,
§1 (AMD).
PL 2005,
Ch. 314,
§1-3 (AMD).
PL 2005,
Ch. 321,
§1 (AMD).
PL 2005,
Ch. 321,
§6 (AFF).
PL 2005,
Ch. 433,
§2,3 (AMD).
PL 2005,
Ch. 433,
§28 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §102. Public way use authorized head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§102. Public way use authorized

Any vehicle may be operated on a public way unless prohibited or restricted by this Title, by special law or municipal ordinance, or by rule of the department. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

1. Operation of low-speed vehicles; beginning June 1, 2003. [2003, c. 397, §2 (new); T. 29-A, §102, sub-§1 (rp).]


2. Operation of low-speed vehicles; beginning September 1, 2003. The registration and operation of low-speed vehicles in accordance with section 501, subsection 11 and section 2089 are authorized beginning September 1, 2003. A municipality may prohibit the use of low-speed vehicles by municipal ordinance or restrict the use of low-speed vehicles in accordance with section 2089 subsection 2. [2003, c. 397, §2 (new).]


Section History:
MRSA ,

§T.29A, SEC1021 (AMD).
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 2003,
Ch. 397,
§2 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §103. Traffic infraction head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§103. Traffic infraction

1. Traffic infraction. A traffic infraction is not a crime. The penalty for a traffic infraction may not be deemed for any purpose a penal or criminal punishment. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


2. Jury trial. There is no right to trial by jury for a traffic infraction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


3. Exclusive penalty. The exclusive penalty for a traffic infraction is a fine of not less than $25 nor more than $500, unless specifically authorized, or suspension of a license, or both. [1995, c. 584, Pt. B, §2 (amd).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1995,
Ch. 584,
§B2 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §104. Penalty for violation of provisions of Title head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§104. Penalty for violation of provisions of Title

Except as otherwise provided, a person who violates a provision of this Title commits a traffic infraction. When a violation of this Title has a designated minimum sentence, the court may not suspend the sentence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §105. Enforcement head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§105. Enforcement

1. Authority to stop motor vehicle. If a law enforcement officer has reasonable and articulable suspicion to believe that a violation of law has taken or is taking place, that officer, if the officer is in uniform, may stop a motor vehicle for the purpose of:



A. Arresting the operator for a criminal violation; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Issuing the appropriate written process for a criminal or civil violation or a traffic infraction; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. Questioning the operator or occupants. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1995, c. 368, Pt. AAA, §1 (amd).]


2. Scope of inspection. A law enforcement officer who has stopped a motor vehicle pursuant to subsection 1 may demand and inspect the driver's license, certificate of registration, permits and the identification numbers of the motor vehicle. A state police officer who is trained pursuant to the motor carrier safety rules of the motor carrier safety regulations of the United States Department of Transportation may demand and inspect the driver's record of duty status and medical examiner's certificate, if applicable. [2001, c. 360, §2 (amd).]


3. Impoundment. When a motor vehicle is operated by a person not able to produce a certificate of registration, or by a person other than the person in whose name the vehicle is registered and the operator is unable to present reasonable evidence of authority to operate that vehicle, an officer may impound and hold that vehicle until that vehicle is claimed by the registered owner or until the registered owner verifies the authority of the operator. The registered owner must be notified immediately of the impoundment. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


4. Violation. A person is guilty of a Class E crime if a law enforcement officer has probable cause to believe the person violated or is violating this Title and the person intentionally fails or refuses upon request to give the person's correct name, address or date of birth to a law enforcement officer. [2003, c. 657, §12 (amd).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1995,
Ch. 368,
§AAA1 (AMD).
PL 1997,
Ch. 437,
§4 (AMD).
PL 1997,
Ch. 653,
§5 (AMD).
PL 2001,
Ch. 360,
§2 (AMD).
PL 2003,
Ch. 657,
§12 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §106. Enforcement of laws pertaining to dealers, transporters and automobile graveyards head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§106. Enforcement of laws pertaining to dealers, transporters and automobile graveyards

All state, county and local law enforcement officers and all investigators appointed by the Secretary of State pursuant to section 152, subsection 2 shall expeditiously enforce the provisions of chapter 9; section 1612; Title 10, chapter 217; and Title 30-A, chapter 183, subchapter I as it relates to automobile graveyards. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §107. Officers authorized to serve process or notice head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§107. Officers authorized to serve process or notice

A person authorized to serve civil process may serve a process or notice required by this Title. [RR 1995, c. 2, §70 (cor).]

Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
RR 1995,
Ch. 2,
§70 (COR).
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 29-A - §108. Service of process on nonresidents head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§108. Service of process on nonresidents

1. Acceptance of jurisdiction. The acceptance by a nonresident of the rights and privileges conferred by this Title as evidenced by the nonresident's or the nonresident's agent's operation of a motor vehicle on a public way in this State or of aircraft in this State is:



A. An appointment of the Secretary of State to be the nonresident's true and lawful attorney on whom may be served a process in an action or proceeding against that nonresident, growing out of an accident or collision in which that person may be involved during that operation; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Evidence of agreement that the process against the nonresident that is so served is of the same legal force and validity as if served on the nonresident personally. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


2. Method of service. Service must be made by leaving a copy of the process with a fee of $2 in the office of the Secretary of State. This service is sufficient if:



A. Notice of the service and a copy of the process are personally served on the defendant and the return showing that service is filed with the clerk of the court where the action is pending; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. Notice of the service and a copy of the process are sent by registered mail to the defendant and the defendant's receipt for the registered mail and the plaintiff's affidavit of compliance are filed with the clerk of the court in which the action is pending. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


3. Deceased defendant. If the defendant is deceased, service may be made in the same manner on a personal representative or, if there is no personal representative, on the public administrator in the county in which the action is pending. Notwithstanding other requirements for probate, when service is made on the public administrator, the administrator shall petition the Probate Court for probate of the defendant's estate. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


4. Continuances. The court may order a continuance if necessary to afford the defendant or a personal representative reasonable opportunity to defend the action. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


5. Plaintiff's bond. The plaintiff shall file with the return of service a bond to the defendant, with 2 or more sureties approved by the judge or clerk of the court, or with a surety company authorized to do business in this State, as surety in the sum of $100, conditioned that, if judgment is rendered against the plaintiff, as much of the penalty of the bond required to satisfy a judgment for costs awarded must be applied to the judgment. The attorney for the plaintiff is liable to the defendant for costs in the action for an amount not exceeding $50 until the bond is filed. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


6. Fee taxed in costs to prevailing plaintiff. The fee of $2, paid by the plaintiff to the Secretary of State, is taxed in the plaintiff's costs, if the plaintiff prevails in the action. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


7. Record of service. The Secretary of State shall keep a record of the day and the hour of service. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


8. Application to a resident who becomes a nonresident. This section applies to a resident who becomes a nonresident prior to the time that an action or proceeding has been brought. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §109. Reciprocity head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§109. Reciprocity

1. Provisions not applicable to nonresidents. The provisions of this Title on registration of vehicles and operator's licenses do not apply to:



A. A nonresident owner or operator, if that person has complied with the provisions of the laws on registration and licensing of the jurisdiction of residence; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. A nonresident student enrolled in a university, college or school within this State as long as that student possesses a valid registration and license issued by the jurisdiction of legal residence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

The exemptions from registration of this subsection apply only to the noncommercial use and operation of vehicles in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


2. Formal agreements. The Secretary of State, after determining that like privileges are granted by a jurisdiction of the United States or province, shall enter into a written agreement with that jurisdiction of the United States or province setting forth the conditions under which residents of that jurisdiction engaged in interstate commerce operations in and through this State are exempt from the registration and licensing laws of this State. [1995, c. 65, Pt. A, §83 (amd); §153 (aff); Pt. C, §15 (aff).]


3. Limitation. A vehicle may not be operated commercially at a site within this State or used for the transportation of persons, merchandise or materials from one point in this State to another point in this State unless registered in this State or exempt from registration by a written reciprocity agreement as provided in this section, except that a nonresident-owned semitrailer drawn by a truck tractor registered in this State is permitted to transport merchandise in intrastate commerce. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


4. Weight. Nothing in this Title permits operation on a public way of a vehicle not registered in this State with weight that exceeds or equipment that does not meet that required of similar resident vehicles. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


5. Violation. A violation of this section is a Class E crime. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1995,
Ch. 65,
§A153,C15 (AFF).
PL 1995,
Ch. 65,
§A83 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §110. Application for license and registration by person establishing residency (REPEALED) head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§110. Application for license and registration by person establishing residency (REPEALED)



Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1995,
Ch. 584,
§B3 (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 29-A - §111. Hearings; fees of witnesses; summary process head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§111. Hearings; fees of witnesses; summary process

In the administration of the laws relative to vehicles and to the operators and the operation thereof, the Secretary of State or a deputy may conduct hearings, subpoena witnesses, administer oaths, take testimony and order the production of books and papers, and for the purposes mentioned in this Title may issue all processes necessary for the performance of the Secretary of State's duties. The fees for travel and attendance of witnesses are the same as for witnesses before the Superior Court and must be paid by the State out of vehicle registration fees upon certificates of the Secretary of State filed with the State Controller. The Superior Court, on the petition of the Secretary of State, may issue summary process to enforce the lawful orders of the Secretary of State in any matter. Hearings conducted by the Secretary of State must be as provided by Title 5, chapter 375, subchapter IV. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §112. Notice of hearing head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§112. Notice of hearing

Notice of any hearing held by the Secretary of State or by the Secretary of State's authority under this Title must be consistent with Title 5, section 9052 and notify the licensee or registrant that the licensee or registrant may then and there appear, in person or through counsel, to show cause why that license or certificate of registration should not be suspended or revoked. Service of that notice is sufficient if sent by regular mail to the address given by the licensee or registrant at least 10 days before the date set for hearing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §113. Computer transcripts as evidence head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§113. Computer transcripts as evidence

1. Transcript. A properly certified transcript of entries of conviction, adjudication, suspension or revocation in official records stored within a computer or data processing device is admissible in evidence to show the truth of the facts stated in the transcript. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


2. Certification. A transcript may be certified by:



A. A clerk or deputy clerk of any judicial division of the District Court or the violations bureau for records from a judicial division or the violations bureau; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




B. A clerk or deputy clerk of a Superior Court for Superior Court records; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]




C. The Secretary of State for any court's records received by the Secretary of State from a court, including records received by electronic means. [2001, c. 361, §3 (amd).]

[2001, c. 361, §3 (amd).]


3. Secretary of State's certification. Notwithstanding any other law or rule of evidence, the certificate of the Secretary of State or a deputy, under seal of the State, must be received in a judicial or administrative proceeding as prima facie evidence of any fact stated in the certificate or documents attached to the certificate. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]


4. Records from other states. A motor vehicle record bearing the seal of any state or of a department, officer or agency of any state that is admissible pursuant to the Maine Rules of Evidence, Rule 902 is prima facie evidence in any judicial or administrative proceeding of any fact stated in the motor vehicle record. [1997, c. 776, §3 (new).]


Section History:
PL 1993,
Ch. 683,
§A2 (NEW).
PL 1993,
Ch. 683,
§B5 (AFF).
PL 1997,
Ch. 776,
§3 (AMD).
PL 2001,
Ch. 361,
§3 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 29-A - §114. Business and occupational licenses head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§114. Business and occupational licenses

The provisions of Title 5, chapter 341 do not apply to business and occupational licenses authorized to be issued by the Secretary of State. [1999, c. 470, §3 (new).]

Section History:
PL 1999,
Ch. 470,
§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 29-A - §115. Juvenile violations head>

Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§115. Juvenile violations

Notwithstanding other provisions of law, a person who has not attained 18 years of age and who is convicted of a crime for a violation of a provision of this Title that is not defined as a juvenile crime under Title 15, section 3103, subsection 1 may not be sentenced to imprisonment but may be committed to a Department of Corrections juvenile correctional facility for a period of detention that may not exceed 30 days, which may be suspended in whole or in part, if the court determines that: [2005, c. 328, §15 (amd).]

1. Crime. The crime is one that, if committed by a person who has attained 18 years of age, would carry a mandatory term of imprisonment that may not be suspended; [2005, c. 328, §15 (new).]


2. Nature. The aggravated nature and seriousness of the crime warrants a period of detention; or [2005, c. 328, §15 (new).]


3. History. The record or previous history of the defendant warrants a period of detention. [2005, c. 328, §15 (new).]
div>
The court is not required to impose a period of detention notwithstanding that there is a mandatory term of imprisonment applicable to a person who has attained 18 years of age. [2005, c. 328, §15 (new).] div>
Any period of detention must be served concurrently with any other period of detention previously imposed and not fully discharged or imposed on the same date. Any period of detention is subject to Title 17-A, section 1253, subsection 2 but not to Title 17-A, section 1253, subsection 3-B, 4, 5, 8, 9 or 10. If the court suspends the period of detention in whole or in part, the court shall impose a period of administrative release not to exceed one year. The administrative release must be administered pursuant to Title 17-A, chapter 54-G, and revocation of the administrative release is governed by the provisions of that chapter. [2005, c. 328, §15 (new).]

Section History:
PL 2003,
Ch. 410,
§8 (NEW).
PL 2005,
Ch. 328,
§15 (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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

USA Statutes : maine