Maine Revised Statutes Title 29-A: motor vehicles and traffic table of Contents Chapter general provisions 3 Chapter secretary of state 28
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| §2359. PRIMA FACIE EVIDENCE
For the purposes of this Title, weights as indicated by a stationary or portable scale approved by the Department of Transportation and tested within 12 calendar months prior to the time of use by a person and method approved by the Department of Transportation are considered accurate. [2013, c. 588, Pt. A, §39 (AMD).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2013, c. 588, Pt. A, §39 (AMD). §2360. EXCESS VEHICLE WEIGHT 1. Violation of weight provision. A person who operates or causes operation of a motor vehicle in violation of a weight provision for any axle or group of axles or gross vehicle weight commits a traffic infraction if the vehicle is: A. One percent to 10% over allowed basic weight; [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. Eleven percent to 20% over allowed basic weight; [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] C. Twenty-one percent to 30% over allowed basic weight; [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] D. Thirty-one percent to 40% over allowed basic weight; [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] E. Forty-one percent to 50% over allowed basic weight; or [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] F. More than 50% over allowed basic weight. [2003, c. 452, Pt. Q, §66 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. Q, §66 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .] 2. Penalty. Notwithstanding section 101, subsection 85, a person who is guilty of excessive vehicle weight must be punished by a fine in accordance with this section. When both gross and axle weight limits are exceeded, the penalty imposed must be for the violation that results in the higher fine except that, for a violation of section 2355, a minimum fine must also be imposed for any other applicable violation of section 2355 in accordance with subsection 9. [ 1995, c. 546, §1 (AMD) .] 3. Schedule of fines. Except as provided in section 2354, subsection 2, the fine must be based on the amount of gross vehicle weight or axle weight in excess of the limits prescribed in sections 2352 to 2355, 2357 or 2365, as appropriate. This schedule is cumulative:
[ 2001, c. 267, §6 (AMD); 2001, c. 267, §16 (AFF) .] 4. Minor gross weight violations. The fine is waived and a Violation Summons and Complaint is not issued if the allowable gross vehicle weight is exceeded by less than 500 pounds multiplied by the number of axles less one. If the allowable gross weight is exceeded by more than 500 but less than 1,000 pounds multiplied by the number of axles less one, the fine is reduced by 50%. [ 1995, c. 584, Pt. A, §5 (AMD) .] 5. Minor axle weight violations. The fine is waived and a Violation Summons and Complaint is not issued if the allowable weight on an axle or group of axles is exceeded by less than 1,000 pounds. If the excess is less than 1,000 pounds plus 500 pounds multiplied by the number of axles in the axle group, the fine is reduced by 66%. If the excess is less than 1,000 pounds plus 1,000 pounds multiplied by the number of axles in the axle group, the fine is reduced by 50%. [ 1995, c. 584, Pt. A, §5 (AMD) .] 6. Axle overweight not exceeding 5%. The fine is waived and a Violation Summons and Complaint is not issued if, before any redistribution of load under subsection 7, the gross vehicle weight is not exceeded and the weight of a single-axle unit, tandem-axle unit or tri-axle unit is not more than 105% of the allowable weight for that axle unit. [ 1995, c. 584, Pt. A, §5 (AMD) .] 7. Redistribution of load. Notwithstanding subsections 1 to 6, when an officer determines that a vehicle that is within the gross vehicle weight limit is in violation of an axle weight limit, the officer shall permit the operator to redistribute the load once before proceeding. If redistribution brings the vehicle into compliance with axle limits, then the fine is reduced as follows: A. If the violation is less than 2,000 pounds, no penalty; and [2009, c. 442, §2 (AMD).] B. If the violation is less than 3,000 pounds, by 66%. [2009, c. 442, §2 (AMD).] C. [2009, c. 442, §2 (RP).] [ 2009, c. 442, §2 (AMD) .]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 9. Minimum fine. For a vehicle using the Interstate Highway System, the minimum fine for a gross vehicle weight or axle weight violation is $60, which may not be waived, and cost of court. For a vehicle on all other highways, the minimum fine for a gross vehicle weight or axle weight violation is $30. [ 2001, c. 267, §7 (AMD); 2001, c. 267, §16 (AFF) .] 10. Application. Subsections 4 to 7 do not apply to travel on the Interstate Highway System. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 11. Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the person acting as a motor carrier as determined by the United States Department of Transportation census number. [ 2009, c. 598, §40 (AMD) .] 12. Exception. [ 2009, c. 598, §41 (RP) .] 13. Notice of failure to appear or noncompliance with orders. If a person after being ordered to appear to answer a violation fails to appear or after appearing fails to comply with an order issued pursuant to this section, the court shall notify the Secretary of State. [ 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §10 (NEW); 1995, c. 65, Pt. C, §15 (AFF) .] 14. Suspension of registrations. After receiving notice pursuant to subsection 13, the Secretary of State shall suspend the person's commercial registration certificates and plates and the privilege to operate a commercial motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order. [ 2009, c. 598, §42 (AMD) .] 15. Portable scale allowance factor. For vehicles operating on the Interstate Highway System it is not a violation if the gross vehicle weight or axle weights measured by portable scales approved by the Department of Transportation do not exceed 104% of the allowable weights provided by section 2355, subsections 1 and 2. [ 1995, c. 517, §1 (NEW) .] 16. Exception to fine schedule for special commodities tandem axle and tri-axle. Notwithstanding subsections 3 and 5, the following fines are imposed. A. For a 4-axle single unit vehicle hauling special commodities other than forest products with a tri-axle weight for which a Violation Summons and Complaint may be issued, but which is less than 58,200 pounds, the fine is $150. [2001, c. 267, §8 (NEW); 2001, c. 267, §16 (AFF).] B. For a 3-axle single unit vehicle hauling special commodities other than forest products with a tandem weight for which a Violation Summons and Complaint may be issued, but which is less than 49,300 pounds, the fine is $315. [2001, c. 267, §8 (NEW); 2001, c. 267, §16 (AFF).] C. For a 5-axle or 6-axle tractor-semitrailer vehicle registered for less than 100,000 pounds gross weight hauling special commodities with a tandem axle weight of at least 47,000 pounds but not more than 48,260 pounds for which a Violation Summons and Complaint may be issued, the fine is $731 plus $136 for every 315 pounds over 47,000 pounds. Subsections 3 and 5 apply to tandem axle weights of less than 47,000 pounds or exceeding 48,260 pounds. [2005, c. 426, §3 (NEW); 2007, c. 453, §2 (AFF).] [ 2005, c. 426, §3 (NEW); 2007, c. 453, §2 (AFF) .]
[ 2005, c. 426, §3 (AMD); 2007, c. 453, §2 (AFF) .] 18. Exception to fine schedule for vehicle auxiliary power units. For a heavy duty vehicle equipped with an auxiliary power unit, the gross vehicle weight or axle weight used to determine the fine for a violation under this section is the actual gross vehicle weight or axle weight reduced by 400 pounds. [ 2009, c. 3, §3 (NEW) .] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). RR 1995, c. 2, §72 (COR). 1995, c. 65, §§C9,10 (AMD). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 517, §1 (AMD). 1995, c. 546, §1 (AMD). 1995, c. 584, §A5 (AMD). 1999, c. 580, §9 (AMD). 2001, c. 267, §§6-8 (AMD). 2001, c. 267, §16 (AFF). 2003, c. 452, §Q66 (AMD). 2003, c. 452, §X2 (AFF). 2005, c. 426, §§3,4 (AMD). 2005, c. 426, §6 (AFF). 2007, c. 453, §2 (AFF). 2009, c. 3, §3 (AMD). 2009, c. 442, §2 (AMD). 2009, c. 598, §§40-42 (AMD). §2360-A. EXCEPTION TO AXLE FINES DURING THE MIDWINTER SEASON 1. Axle fines waived; midwinter season. The fine is waived and the Violation Summons and Complaint is not issued for violations of axle and axle group weight limits or tolerances provided by sections 2352, 2353, 2354, 2357, 2364 and 2365 for vehicles traveling during the months of January and February. [ 2017, c. 288, Pt. A, §32 (AMD) .] 2. Exceptions. This section does not apply to: A. Vehicles traveling on the Interstate Highway System, including the portion of the Maine Turnpike designated Interstate 95 and that portion of Interstate 95 from the southern terminus of the Maine Turnpike to the New Hampshire state line; or [2005, c. 426, §5 (NEW); 2007, c. 453, §2 (AFF).] B. Vehicles traveling on ways restricted under the provisions of section 2395. [2005, c. 426, §5 (NEW); 2007, c. 453, §2 (AFF).] [ 2005, c. 426, §5 (NEW); 2007, c. 453, §2 (AFF) .] 3. Repeal. [ 2011, c. 86, §1 (RP) .] SECTION HISTORY 2005, c. 426, §5 (NEW). 2005, c. 426, §6 (AFF). 2007, c. 453, §1 (AMD). 2007, c. 453, §2 (AFF). 2009, c. 444, §1 (AMD). 2011, c. 86, §1 (AMD). 2017, c. 288, Pt. A, §32 (AMD). §2361. AGGRAVATED EXCESSIVE VEHICLE WEIGHT VIOLATIONS (REPEALED) SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §A111 (AMD). 1995, c. 65, §§A153,C15 (AFF). 2001, c. 267, §16 (AFF). 2001, c. 267, §9 (RP).
The operation of a vehicle exceeding the maximum allowable gross vehicle weight by 20% or more is an aggravated gross weight violation. The penalty for an aggravated gross weight violation is the fine established in section 2360, subsection 3. [2001, c. 267, §10 (NEW); 2001, c. 267, §16 (AFF).] SECTION HISTORY 2001, c. 267, §10 (NEW). 2001, c. 267, §16 (AFF). §2362. REPEAT OFFENDER (REPEALED) SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 546, §2 (AMD). 2001, c. 267, §16 (AFF). 2001, c. 267, §11 (RP).
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 2. Fine. Notwithstanding Title 17-A, a fine of not more than $1,500 may be imposed. The fine accrues to the Highway Fund. [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). §2364. SIX-AXLE SINGLE UNIT TRUCK A 6-axle single unit truck may be operated, or caused to be operated, if: [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] 1. General road limit. The general road limit for this vehicle is: A. When the vehicle operates as a 3-axle single unit vehicle, 54,000 pounds gross vehicle weight; [2003, c. 452, Pt. Q, §67 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. When the vehicle operates as a 4-axle or 5-axle single unit vehicle, 69,000 pounds gross vehicle weight; and [2003, c. 452, Pt. Q, §67 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] C. When the vehicle operates as a 6-axle single unit vehicle, 77,200 pounds gross vehicle weight; [2003, c. 452, Pt. Q, §67 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] [ 2003, c. 452, Pt. Q, §67 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]
The distance between the front bumper and the rear bumper of the vehicle may not exceed 41 feet; [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 3. Liftable axles. Axles 2, 5 and 6 of the vehicle may be liftable axles. Axles 2 and 6 must be self-steering axles of a type that has been approved by the Department of Transportation; [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 4. Four-tired axles. All axles must be 4-tired axles except the steering axle and axle 2; [ 1993, c. 2, §24 (COR) .] 5. Certified weight capacity. All brakes, axles and suspensions must be certified with respect to weight capacity by a final stage manufacturer. The final stage manufacturer must also certify that the vehicle's axle spacings and interlock devices met the requirements of this paragraph at the time of manufacture. The certification must be filed with the Secretary of State on forms prescribed by the Secretary of State. A copy of the certification must be carried in the vehicle at all times; [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 6. Operation as a 3-axle single unit vehicle. When operating as a 3-axle single unit vehicle: A. All provisions of this Title appropriate for a 3-axle single unit truck with rear tandem axle apply; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. When commodities permitted by section 2357 are carried, gross weight and axle weights must be those specified for 3-axle vehicles for the specific commodities carried; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] C. The basic weight used to calculate fines is a gross vehicle weight road limit of 54,000 pounds or the axle weight limits provided by this section, as appropriate. If there are 2 or more weight violations, only the largest fine applies; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
A. Axle 5 must be fully lowered and in contact with the ground at all times; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. All provisions of this Title appropriate for a 4-axle single unit truck with rear tri-axle apply, using the tri-axle group limits for axles 2 to 5; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] C. When commodities permitted by section 2357 are carried, gross weight and axle weights are those specified for 4-axle or 5-axle vehicles for the specific commodities carried, as appropriate; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] D. The basic weight used to calculate fines is a gross vehicle weight road limit of 69,000 pounds or the axle weight limits provided by this section, as appropriate. If there are 2 or more weight violations, only the largest fine applies; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 8. Operation as a 6-axle single unit vehicle. When operating a 6-axle single unit vehicle: A. The vehicle must be registered for at least 77,200 pounds; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. Only forest products may be carried; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] C. All liftable axles must be in contact with the ground except that axles 2 and 6 may be temporarily lifted when necessary during cornering operations. Immediately following this cornering operation, the axles must be lowered to full contact with the ground. Axles 2 and 6, if liftable, must be fitted with interlock devices that prevent the operator from lifting the axle or axles when the vehicle speed exceeds 15 miles per hour. The devices must be designed to permit the axle-lifting operation only in the low range in a 2-range transmission or in either the low or medium range in a 3-range transmission. The devices must also be designed to automatically lower axles 2 and 6 to normal contact with the ground when the transmission is shifted from the applicable ranges under this division; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] D. The maximum permitted gross vehicle weight is 85,000 pounds; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] E. The maximum weight of the steering axle may not exceed 15,600 pounds and the maximum weight of each of the other axles of the vehicle may not exceed 15,000 pounds; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] F. The following forgiveness provisions are granted on the gross vehicle weight and axle weight limits:
No other tolerances or forgivenesses apply; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] G. The basic weight used to calculate fines is a gross vehicle weight road limit of 77,200 pounds or the axle weight limits enumerated in paragraph E, as appropriate. If there are 2 or more weight violations, the largest fine only applies; and [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] SECTION HISTORY RR 1993, c. 2, §24 (COR). 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 2003, c. 452, §Q67 (AMD). 2003, c. 452, §X2 (AFF). §2365. FOUR-AXLE SINGLE UNIT TRUCK IN COMBINATION WITH 2-AXLE TRAILER A combination vehicle consisting of a 4-axle single unit truck operating in combination with a 2-axle trailer may be operated, or caused to be operated, with a maximum gross weight of 94,000 pounds if: [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] 1. Registration. The trailer unit is registered for a minimum of 28,000 pounds gross weight and the combined registered weight of the truck and trailer unit is at least 94,000 pounds gross weight or the truck is registered for at least 94,000 pounds; [ 1999, c. 580, §10 (AMD); 1999, c. 580, §14 (AFF) .] 2. Special commodities. [ 1999, c. 580, §14 (AFF); 1999, c. 580, §11 (RP) .] 3. Single axle weights. The following single axle weights are not exceeded: A. For a steering axle, the limit is the lesser of 14,000 pounds or the weight limit provided by this chapter; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] B. For 2 to 4 truck axles, the limit is 20,000 pounds for each axle; or [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] C. For trailer axles, the limit is 18,000 pounds for each axle; [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 5. Liftable axles. When operating at a gross vehicle weight exceeding 88,000 pounds, all liftable axles of the vehicle are in full contact with the ground at all times; [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 6. Percent over basic weight. The "percent over basic weight" used to calculate fines for weight violations by the vehicle are based upon a gross vehicle weight limit of 85,000 pounds or upon the axle weight limits enumerated in subsections 3 and 4, as appropriate; [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 7. Vehicle dimensions. The following vehicle dimensions are met:
Axle distances are measured from axle center to axle center; and [ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .] 8. Certification of brakes, axles and suspensions. [ 1999, c. 580, §14 (AFF); 1999, c. 580, §12 (RP) .] Nothing contained in this section is applicable to vehicles operating on the Interstate Highway System, as defined in the Federal Aid Highway Act of 1956. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF).] SECTION HISTORY 1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1999, c. 580, §§10-12 (AMD). 1999, c. 580, §14 (AFF). Subchapter 2: DIMENSION Directory: statutes -> 29-A statutes -> Title 12: conservation chapter 611: salmon commission table of Contents Part marine resources statutes -> Article 1 in general 35 1 101. Local contributions; disposition statutes -> §90-B. Address confidentiality program definitions 29-A -> Title 29-A: motor vehicles and traffic chapter 5: vehicle registration table of Contents 29-A -> §523. Certain veterans amputee or blind veterans 29-A -> §524-B. Gold star family registration plates eligibility Download 4.32 Mb. Share with your friends:
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