Maine Revised Statutes Title 29-A Sec. 2063-A – Electric personal assistive mobility devices
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1. Limiting use. The department or a municipality with respect to a way under its jurisdiction may prohibit the operation of electric personal assistive mobility devices. Municipalities may impose limits on the operation of electric personal assistive mobility devices in accordance with the provisions set forth in Title 30?A, section 3009.
[PL 2001, c. 687, §16 (NEW).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2063-A
- Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101
- 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. See Maine Revised Statutes Title 29-A Sec. 101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Nighttime: means a time other than daytime. See Maine Revised Statutes Title 29-A Sec. 101
- Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Pedestrian: means a person on foot or an operator of a wheelchair or a 4-wheeled or 3-wheeled motorized wheelchair. See Maine Revised Statutes Title 29-A Sec. 101
- Person: 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
- 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. See Maine Revised Statutes Title 29-A Sec. 101
- Registration: means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
- Way: means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. See Maine Revised Statutes Title 29-A Sec. 101
2. Operation. Electric personal assistive mobility devices may be operated anywhere pedestrians are permitted to travel, including, but not limited to, sidewalks, public ways with speed limits of 35 miles per hour or less and bike paths, unless such operation is prohibited by local ordinance or state or federal law. A person operating an electric personal assistive mobility device shall at all times yield the right of way to pedestrians. In addition, a person operating an electric personal assistive mobility device shall give an audible signal before overtaking or passing a pedestrian.
[PL 2001, c. 687, §16 (NEW).]
3. Riding to the right. Electric personal assistive mobility devices may operate on public ways where the speed limit is 35 miles per hour or less only where a sidewalk or bike path is unavailable. During operation on a public way, a person operating an electric personal assistive mobility device shall ride it as far as practicable to the right side of the way, except when making a left turn, and shall cross public ways using crosswalks where available. This subsection does not apply in a municipality that makes other provisions for the location of traffic by bicycles, motorized scooters and electric personal assistive mobility devices. During operation on a public way at nighttime or at other times when motor vehicles are required to display headlights, a person operating an electric personal assistive mobility device shall wear reflective clothing or a reflective device that is visible at least 200 feet from the rear or shall employ an equivalent illumination device located on the electric personal assistive mobility device.
[PL 2001, c. 687, §16 (NEW).]
4. Speed. On sidewalks, a person operating an electric personal assistive mobility device may not exceed speeds of 5 miles per hour. On public ways and bike paths, a person operating an electric personal assistive mobility device may not exceed speeds of 15 miles per hour.
[PL 2001, c. 687, §16 (NEW).]
5. Hitching rides. A person operating an electric personal assistive mobility device may not attach it to a moving vehicle on a way.
[PL 2001, c. 687, §16 (NEW).]
6. Lights. When in use at nighttime or at other times when motor vehicles are required to display headlights, an electric personal assistive mobility device must have:
A. A lit front light that emits a white light visible from a distance of at least 200 feet to the front; [PL 2001, c. 687, §16 (NEW).]
B. A red reflector to the rear that is visible at least 200 feet to the rear; and [PL 2001, c. 687, §16 (NEW).]
C. At least one reflector strip prominently displayed on the device’s tires. [PL 2001, c. 687, §16 (NEW).]
[PL 2001, c. 687, §16 (NEW).]
7. Stopping. An electric personal assistive mobility device must be equipped to enable the operator to stop the device within a reasonable distance.
[PL 2001, c. 687, §16 (NEW).]
8. Violations during 183-day trial period.
[PL 2001, c. 687, §16 (NEW); MRSA T. 29-A §2063-A, sub-§8 (RP).]
9. Violations. Beginning 183 days after the effective date of this section, a person who violates this section commits a traffic infraction for which a forfeiture of not more than $10 may be adjudged for the first offense and a forfeiture of not more than $25 may be adjudged for the 2nd or subsequent offense. In addition to a forfeiture that may be adjudged, a person who commits a 3rd or subsequent offense may have that person’s electric personal assistive mobility device impounded for no more than 30 days.
[RR 2015, c. 1, §33 (COR).]
10. Registration. Electric personal assistive mobility devices are not subject to the requirements of chapter 5.
[PL 2001, c. 687, §16 (NEW).]
SECTION HISTORY
PL 2001, c. 687, §16 (NEW). RR 2015, c. 1, §33 (COR).