Maine Revised Statutes Title 29-A Sec. 2356 – Operation of a vehicle exceeding registered weight
Current as of: 2023 | Check for updates
|
Other versions
1. Operation prohibited. A person commits a traffic infraction if that person operates or causes operation of a vehicle in excess of its registered weight on a public way.
[PL 2001, c. 267, §2 (AMD); PL 2001, c. 267, §16 (AFF).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2356
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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 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 Registered weight: means the gross vehicle weight specified on the vehicle's registration certificate. 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 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
2. Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the vehicle registrant.
[PL 2001, c. 267, §2 (AMD); PL 2001, c. 267, §16 (AFF).]
3. Exception.
[PL 2001, c. 267, §3 (RP); PL 2001, c. 267, §16 (AFF).]
4. Penalty. Notwithstanding Title 17-A, section 4-B, the fine for a violation of subsection 1 is twice the difference in the registration fees for the actual weight and the registered weight of the vehicle. The minimum fine for a violation of this section is $25.
[PL 2001, c. 267, §4 (AMD); PL 2001, c. 267, §16 (AFF).]
5. Reduced penalty.
[PL 2001, c. 267, §5 (RP); PL 2001, c. 267, §16 (AFF).]
6. Private ways exempted. This section does not apply to operating on private ways.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
7. 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.
[PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §8 (NEW); PL 1995, c. 65, Pt. C, §15 (AFF).]
8. Suspension of registrations. After receiving notice pursuant to subsection 7, the Secretary of State shall suspend the person’s registration certificates and plates and the privilege to operate a motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order.
[PL 2015, c. 473, §18 (AMD).]
9. Subsequent violation. A person issued a summons for violating this section does not commit a subsequent violation of this section involving the same vehicle and same load until the next business day.
[PL 2007, c. 383, §27 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 65, §§C7,8 (AMD). PL 2001, c. 267, §§2-5 (AMD). PL 2001, c. 267, §16 (AFF). PL 2007, c. 383, §27 (AMD). PL 2009, c. 598, §39 (AMD). PL 2015, c. 473, §18 (AMD).