Maine Revised Statutes Title 35-A Sec. 761 – Exemptions
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1. Overhead electrical; communication circuits; conductors. This chapter does not apply to any person while engaged in the construction, reconstruction, operation and maintenance of overhead electrical or communication circuits or conductors and their supporting structures and associated equipment, if the person is an employee of the owner or operator of the overhead electrical or communication circuits or conductors or an independent contractor engaged on behalf of the owner or operator of the overhead electrical or communication circuits or conductors, including, but not limited to, employees of and independent contractors working for the following:
A. Any business operating rail transportation systems; [PL 1995, c. 348, §1 (NEW).]
B. Any business operating electrical generating, transmission or distribution systems; [PL 1995, c. 348, §1 (NEW).]
C. Any business operating communication systems; or [PL 1995, c. 348, §1 (NEW).]
D. Any business operating cable television systems. [PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 761
- 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
- Overhead high-voltage line: means all above-ground bare or insulated electrical conductors of voltage in excess of 600 volts, measured between conductors or measured between a conductor and the ground, that are owned or operated by a transmission and distribution utility, except those conductors that are:
A. See Maine Revised Statutes Title 35-A Sec. 752Person: means natural person, firm, business association, company, partnership, corporation or other legal entity. See Maine Revised Statutes Title 35-A Sec. 752 Traffic lighting: means a dynamic sign that is capable of electronically displaying a changing message that provides motorists traffic-emergency-related information or means a luminaire, traffic signal or traffic beacon used for traffic control. See Maine Revised Statutes Title 35-A Sec. 752 Water utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing any water works for compensation within this State, including any aqueduct organized under former Title 35, chapter 261 and any of its predecessors. See Maine Revised Statutes Title 35-A Sec. 102 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Agricultural activities. The provisions of sections 756 and 757 do not apply to a person operating agricultural equipment for agricultural purposes. If the equipment is likely to be routinely brought within 10 feet of an overhead high-voltage line, the owner or operator of the equipment must in each calendar year, prior to using the equipment, provide the owner or operator of the high-voltage line with the information required in section 757, subsection 2.
[PL 1995, c. 348, §1 (NEW).]
3. Water and sewer system operators. This chapter does not apply to any employee or independent contractor engaged on behalf of:
A. A water utility; [PL 1995, c. 348, §1 (NEW).]
B. A sewer district or sanitary district; or [PL 1995, c. 348, §1 (NEW).]
C. A municipal sewer department. [PL 1995, c. 348, §1 (NEW).]
[PL 1995, c. 348, §1 (NEW).]
4. State agencies; quasi-independent state agencies; municipalities. The provisions of sections 756 and 757 do not apply to the installation or maintenance of traffic lighting by an employee of a state agency, quasi-independent state agency or municipality or by a person performing the installation or maintenance on behalf of a state agency, quasi-independent state agency or municipality. Nothing in this subsection exempts a person installing or maintaining traffic lighting from any applicable training certification or licensing requirements for performing the installation or maintenance, and the installation or maintenance must be performed in accordance with all applicable federal, state and local laws, regulations, safety codes and ordinances and any other applicable safety requirements. A municipality or a contractor working for a municipality must maintain any minimum insurance requirements specified by the Department of Transportation. For purposes of this subsection, “quasi-independent state agency” has the same meaning as in Title 5, section 12021, subsection 5.
[PL 2015, c. 177, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 348, §1 (NEW). PL 2015, c. 177, §3 (AMD).