29-A §558. Violation of provisions of this subchapter - Maine Statutes

Title 29-A: MOTOR VEHICLES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Chapter 5: VEHICLE REGISTRATION HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Subchapter 2: MOTOR CARRIER REGISTRATION

§558. Violation of provisions of this subchapter

1. Violation.

[ 2003, c. 452, Pt. Q, §9 (RP); 2003, c. 452, Pt. X, §2 (AFF) .]

1-A. Minimum fine. Notwithstanding Title 17-A, section 1301, the minimum fine for a violation of a state rule that adopts by reference the federal regulations found in 49 Code of Federal Regulations, Parts 392, 395.3, 395.8e and 395.8k is $250. If a minimum fine is provided by any rule adopted pursuant to this subchapter, the court shall impose at least the minimum fine, which may not be suspended by the court.

[ 2009, c. 598, §20 (AMD) .]

1-B. Violation. The following penalties apply to violations of this subchapter.

A. Except as provided in paragraphs C , D and E, a person who violates this subchapter or a rule adopted pursuant to this subchapter commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2009, c. 251, §2 (AMD).]

B. Except as provided in paragraphs C , D and E, a person who knowingly permits a violation of this subchapter or a rule adopted pursuant to this subchapter commits a Class E crime. [2009, c. 251, §3 (AMD).]

C. A person commits a Class C crime if:

(1) The person acts knowingly or intentionally;

(2) The violation in fact causes either death or serious bodily injury, as defined in Title 17-A, section 2, to a person whose health or safety is protected by the provision violated; and

(3) The death or injury is a reasonably foreseeable consequence of the violation. [2003, c. 452, §10 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

D. A person commits a traffic infraction if that person violates any provision of the rules of the bureau 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:

(1) 49 Code of Federal Regulations, Section 390.21 (2007);

(2) 49 Code of Federal Regulations, Section 391.41 (2007);

(3) 49 Code of Federal Regulations, Sections 392.16, 392.22, 392.24, 392.25, 392.33 and 392.71 (2007);

(4) Any section of 49 Code of Federal Regulations, Part 393 (2007); or

(5) 49 Code of Federal Regulations, Part 396, except Sections 396.7 and 396.9 (2007). [2007, c. 703, §15 (NEW).]

E. A person who violates this subchapter or a rule adopted pursuant to this subchapter commits a civil violation if the violation is discovered during a compliance review as that term is defined in 49 Code of Federal Regulations, Part 385.3, unless the compliance review occurs during the course or as a result of a criminal investigation. A violation under this paragraph is subject to a civil fine, which must be determined with due consideration of the Federal Motor Carrier Safety Administration's uniform fine assessment program. [2009, c. 251, §4 (NEW).]

F. A person commits a traffic infraction if that person violates any provision of the Secretary of State's rules adopted pursuant to section 551. [2009, c. 598, §21 (NEW).]

[ 2009, c. 598, §21 (AMD) .]

2. 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 subchapter, the court shall notify the Secretary of State.

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

3. Suspension of registrations. After receiving notice pursuant to subsection 2, 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 must remain in effect until the person appears in court and complies with a court order.

[ 2009, c. 598, §22 (AMD) .]

SECTION HISTORY

1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 376, §2 (AMD). 1995, c. 401, §1 (AMD). 1995, c. 482, §A5 (AMD). 1995, c. 625, §§A32,33 (AMD). 2003, c. 452, §§Q9,10 (AMD). 2003, c. 452, §X2 (AFF). 2007, c. 703, §15 (AMD). 2009, c. 251, §§2-4 (AMD). 2009, c. 598, §§20-22 (AMD).