Maine Revised Statutes Title 29-A Sec. 2069 – Authority to remove an improperly parked vehicle; vehicles used in commission of a crime
Current as of: 2023 | Check for updates
|
Other versions
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. Parked in violation. A law enforcement officer, employees or agents of the Department of Transportation or employees or agents of the Maine Turnpike Authority may cause the removal of a vehicle or require the operator to move the vehicle from a location in violation of section 2068, subsection 1 or rules adopted by the Maine Turnpike Authority to a location where parking is permitted.
[PL 2019, c. 327, §2 (AMD).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2069
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: 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
- 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
- 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. 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
- Summons: Another word for subpoena used by the criminal justice system.
- 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
- Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Interfering with snow removal, normal traffic movement. A law enforcement officer may cause the removal to a suitable parking place, at the expense of the registered owner, of a vehicle interfering with snow removal or the normal movement of traffic or parked within the limits of a right-of-way. The Department of Transportation or the Maine Turnpike Authority may take the same action, through use of their employees or agents, for a vehicle standing on property under their respective jurisdictions.
[PL 2019, c. 327, §2 (AMD).]
3. Vehicle used in connection with a crime or operating after suspension traffic infraction. A law enforcement officer may cause the removal to a suitable parking place of a vehicle connected with:
A. The arrest of the operator or owner of that vehicle; [PL 2015, c. 159, §4 (NEW).]
B. (TEXT EFFECTIVE UNTIL 1/01/24) The issuance of a summons for a traffic infraction as described in section 2412?A, subsection 8; [PL 2015, c. 159, §4 (NEW).]
B. (TEXT EFFECTIVE 1/01/24) The issuance of a summons for a traffic infraction as described in section 351, section 2104 or section 2412?A, subsection 8; [PL 2023, c. 362, §3 (AMD); PL 2023, c. 362, §4 (AFF).]
C. A suspended registration pursuant to Title 23, section 1980 or the suspension of the owner’s right to operate the vehicle pursuant to section 2461 for failure to pay a toll; or [PL 2015, c. 159, §4 (NEW).]
D. The commission of a crime. [PL 2015, c. 159, §4 (NEW).]
When a vehicle has been removed pursuant to paragraph C, the vehicle may be released only after the tolls, fees and penalties have been paid and the vehicle’s registration has been reinstated or the owner’s right to operate the vehicle has been restored.
[PL 2015, c. 159, §4 (AMD); PL 2023, c. 362, §3 (AMD); PL 2023, c. 362, §4 (AFF).]
4. Liability for damages; charges. The State, a political subdivision of the State, the Maine Turnpike Authority, a law enforcement officer or a 3rd?party agent acting on behalf of the State, a political subdivision of the State or the Maine Turnpike Authority is not liable for damage that may be caused by removal of a vehicle or for any towing or storage charges.
[PL 2019, c. 327, §2 (AMD).]
5. Notification. Upon removal of a vehicle in accordance with this section, the notification requirements and provisions for payment of towing and storage costs in chapter 15, subchapter 3 apply.
[RR 2009, c. 2, §82 (COR).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). RR 2009, c. 2, §82 (COR). PL 2009, c. 493, §1 (AMD). PL 2015, c. 159, §4 (AMD). PL 2019, c. 327, §2 (AMD). PL 2023, c. 362, §3 (AMD). PL 2023, c. 362, §4 (AFF).