Maine Revised Statutes Title 29-A Sec. 2358 – Weighing of vehicles
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A state police officer may require a motor vehicle or combination of vehicles described in this chapter to stop and submit to weighing. The following provisions apply to the weighing of vehicles. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
1. Travel to scales. If scales are not available, the officer may require that an operator of a vehicle go to the nearest location capable of weighing the vehicle, if the travel does not increase by more than 5 miles the distance that the operator may travel to reach the operator’s destination.
[PL 1995, c. 584, Pt. A, §4 (AMD).]
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 E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 2358
- Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- 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.
- GVW: means the actual total weight of the vehicle and load. 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. 101Operator: 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 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 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 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 Truck: means a motor vehicle designed and used primarily to carry property. 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 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. Weighing points. The Chief of the State Police, or a person designated by the chief, may designate weighing points.
A weighing point must have signs:
A. Not less than 500 feet from approaching traffic; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
B. Bearing the words “State Police Commercial Vehicle Check – All Trucks and Buses Stop”; [PL 2009, c. 251, §15 (AMD).]
C. Displaying flashing yellow lights, which must operate when the weighing station is open; and [PL 2001, c. 687, §18 (AMD).]
D. Directing operators of vehicles subject to the GVW restrictions to the weighing point if the weighing point is located on a way that intersects the way where the sign is located. [PL 2001, c. 687, §19 (NEW).]
The placement of signs is prima facie evidence that these signs were displayed in accordance with this section.
An operator of a bus or truck with a registered weight or gross vehicle weight rating greater than 10,000 pounds or subject to the Federal Motor Carrier Safety Administration regulations who fails to stop at the weighing point when the signs are operating, unless otherwise directed by a state police officer, commits a traffic infraction for which a fine not to exceed $500 may be adjudged.
[PL 2009, c. 251, §15 (AMD).]
3. Designating officers. The Chief of the State Police may designate certain state police officers to examine loads and replace seals as provided by this section.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
4. Required stops. On direction of a state police officer, an operator must drive the vehicle onto the scales for weighing and permit examination of the registration certificate and the load.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
5. Seals. When examination requires the breaking of a seal previously placed on a vehicle, a new seal must be placed on it.
The officer shall make a complete record and forward it to the Chief of the State Police.
[PL 2003, c. 340, §11 (AMD).]
6. Unloading excess. When an officer determines that a vehicle exceeds the permitted weight, the officer must require the operator to stop the vehicle in a designated place.
The vehicle may not proceed until the operator has reduced the weight to permitted limits; except that if the excess weight does not exceed 2,000 pounds, an officer may permit the vehicle to proceed without unloading. The officer may summons the owner or driver of that vehicle.
An officer, the State or a political subdivision is not responsible for loss or damage to a vehicle or its contents as a result of unloading.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
7. Out-of-service sticker. If the weight exceeds the maximum allowable gross vehicle weight by 20% or more, the officer shall affix an out-of-service sticker to the windshield until the vehicle is brought into compliance.
The vehicle may not be moved until it is brought into compliance.
When a vehicle is brought into compliance, an officer may attest to compliance by signing the out-of-service sticker.
A. A person who moves a vehicle with an out-of-service sticker that has not been signed by an officer attesting to compliance commits a Class E crime. Violation of this paragraph is a strict liability crime as defined in Title 17?A, section 34, subsection 4-A. [PL 2003, c. 452, Pt. Q, §65 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. An owner or operator who fails to have the out-of-service sticker attested or who fails to return the attested sticker or portion to the Bureau of State Police within 15 days of issuance commits a traffic infraction. [PL 2003, c. 452, Pt. Q, §65 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. Q, §65 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
8. Allowable movement. Notwithstanding this section, a state police officer may allow a vehicle to be operated a reasonable distance to a more appropriate location for unloading or parking.
[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
9. Fees.
[PL 2007, c. 383, §28 (RP).]
10. Records.
[PL 2005, c. 314, §13 (RP).]
11. Unsecured load. If a state police officer requires a vehicle to stop and submit to weighing pursuant to this section and that vehicle is carrying a load, the officer shall check to ensure that the load is secure pursuant to section 2396, subsection 2.
[PL 2001, c. 144, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 584, §A4 (AMD). PL 2001, c. 144, §1 (AMD). PL 2001, c. 687, §§18,19 (AMD). PL 2003, c. 340, §11 (AMD). PL 2003, c. 452, §Q65 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 314, §13 (AMD). PL 2007, c. 383, §28 (AMD). PL 2009, c. 251, §15 (AMD).