Maine Revised Statutes Title 29-A Sec. 558-A – Violation of provisions of subchapter
Current as of: 2023 | Check for updates
|
Other versions
1. Crimes; penalties. Except as provided in subsections 2 to 4, a person commits a crime if that person:
A. In fact violates this subchapter or a rule adopted pursuant to this subchapter. Violation of this paragraph is a Class E crime that is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A; [PL 2013, c. 530, §4 (NEW).]
B. Intentionally or knowingly permits a violation of this subchapter or a rule adopted pursuant to this subchapter. Violation of this paragraph is a Class E crime; [PL 2013, c. 530, §4 (NEW).]
C. In fact violates any provision of the rules of the Department of Public Safety, Bureau of State Police adopted under section 555 that incorporates by reference 49 C.F.R. § 391.41 (2007), or as amended, and that violation occurs as a result of the operation of a commercial motor vehicle by a person who has methadone or its metabolite in that person’s body. Violation of this paragraph is a Class E crime; or [PL 2013, c. 530, §4 (NEW).]
D. Intentionally or knowingly violates this subchapter or a rule adopted pursuant to this subchapter and the violation in fact causes either death or serious bodily injury to a person whose health or safety is protected by the provision violated and the death or serious bodily injury is a reasonably foreseeable consequence of the violation. Violation of this paragraph is a Class C crime. [PL 2013, c. 530, §4 (NEW).]
The maximum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations and that is not an out-of-service order is $250, and the maximum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations and that meets the definition of an out-of-service order as defined in 49 Code of Federal Regulations is $500. For purposes of this subsection, “out-of-service order” means a declaration by a law enforcement officer authorized to enforce the provisions of this subchapter that a driver, a commercial motor vehicle or a motor carrier operation is out of service pursuant to 49 Code of Federal Regulations, Sections 386.72, 392.5, 392.9a, 395.13 or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.
[PL 2013, c. 530, §4 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C crime | up to 5 years | up to $5,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 558-A
- Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. See Maine Revised Statutes Title 29-A Sec. 101Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101 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. See Maine Revised Statutes Title 29-A Sec. 101 Motor carrier: means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 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 or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101
2. Traffic infractions involving federal regulations; violations. The following provisions govern traffic infractions.
A. A person may not violate any provision of the rules of the Department of Public Safety, Bureau of State Police adopted under section 555 that incorporates by reference any of the following federal regulations or that is an amended version of any of the following federal regulations:
(3) 49 Code of Federal Regulations, Sections 392.7, 392.8, 392.9(a), 392.9(b), 392.16, 392.22, 392.24, 392.25, 392.33, 392.71, 392.80 and 392.82;
(4) Any section of Title 49 of the Code of Federal Regulations, Part 393;
(4-A) 49 Code of Federal Regulations, Sections 395.3(a)(3)(ii), 395.8(a)(2)(ii), 395.8(d) and 395.8(i); or
(5) Title 49 of the Code of Federal Regulations, Part 396, except Sections 396.7 and 396.9. [PL 2017, c. 165, §4 (AMD).]
B. The following provisions govern penalties for violations of this subsection.
(1) A person who violates this subsection commits a traffic infraction for which a fine of $250 must be adjudged.
(2) A person who violates this subsection after having previously violated this subsection commits a traffic infraction for which a fine of $500 must be adjudged. [PL 2013, c. 530, §4 (NEW).]
[PL 2017, c. 165, §4 (AMD).]
3. Traffic infractions not involving federal regulations; violations. A person may not violate any provision of the Secretary of State’s rules adopted pursuant to section 551. The following penalties apply to violations of this subsection.
A. A person who violates this subsection commits a traffic infraction for which a fine of $250 must be adjudged. [PL 2013, c. 530, §4 (NEW).]
B. A person who violates this subsection after having previously violated this subsection commits a traffic infraction for which a fine of $500 must be adjudged. [PL 2013, c. 530, §4 (NEW).]
[PL 2013, c. 530, §4 (NEW).]
4. Civil violations. A person commits a civil violation if that person violates this subchapter or a rule adopted pursuant to this subchapter and the violation is discovered during a compliance review as that term is defined in 49 C.F.R. § 385.3, unless the compliance review occurs during the course of or as a result of a criminal investigation. A person who violates this subsection is subject to a fine that must be determined with due consideration of the Federal Motor Carrier Safety Administration’s uniform fine assessment program. A fine imposed may not be greater than the fine amount provided in the Federal Motor Carrier Safety Administration’s uniform fine assessment program.
[PL 2013, c. 530, §4 (NEW).]
SECTION HISTORY
PL 2013, c. 530, §4 (NEW). PL 2015, c. 176, §1 (AMD). PL 2017, c. 165, §4 (AMD).