JURISDICTION: MAINE

This chapter summarizes Maine State statutes related to speed.

General Reference: Maine Revised Statutes Annotated (MRSA)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing. Title 29-A, §2074

Statutory Speed Limit: 65 MPH on the Maine Turnpike and interstate and divided controlled

See Other below. -access highways Title 23, §1973(2) & Title 29-A, §2073(1)(C)

60 MPH on other highways Title 29-A, §2073(1)(C)

45 MPH on all other public ways Title 29-A, §2074(1)(D)

25 MPH in business or residential districts Title 29-A, §2074(1)(C)

15 MPH when passing a school during recess or when the students are going to or leaving the school Title 29-A, §2074(1)(A)

Posted (Maximum) Speed Limit: I. The State is authorized to increase or decrease the above speed limits.⁽¹⁾ However, no posted speed limit can exceed 65 MPH for the Maine Turnpike and interstate or divided controlled-access highways or 60 MPH for all other roads. Title 23, §1973(2) & Title 29-A, §2073(1)(C)

II. A local government may alter speed limits. However, such alteration cannot be contrary to the State speed laws. Title 29-A, §2075(3)

Minimum Speed Limit: A person may not operate a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. Title 29-A, §2075(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State may establish a minimum speed limit on a public way. Title 29-A, §2075(1)

Other: A school bus may not be operated >45 MPH when transporting students. At other times, such vehicles cannot be operated at a speed >55 MPH. Title 29-A, §2074(1)(E)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: Speed Law Violations are Non-Criminal Traffic Infractions. Title 29-A, §§101, 104 & 103(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years, Etc.): None

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Mandatory Minimum Term:

Fine:

Amount ($ Range): $25 to $250⁽²⁾ Title 29-A, §2604

Mandatory Min. Fine ($): $25 Title 29-A, §104 For exceeding the 65 MPH speed limit on the Maine Turnpike or an interstate highway-$50 Title 29-A, §2074(3)

Other Penalties:

Traffic School: A person, who completes a defensive driving course, will have their demerit point total reduced by 3 points. This can only occur once in a 12 month period. Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications (Chapter 1, 29A-250)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽³⁾ Title 29-A, §§103(3) and 2458(2)(B) & (C)

Term of License Withdrawal

(Days, Months, Years, etc.): 15 days If a person has had 3 previous suspensions within 3 years-120 days

Mandatory Minimum Term of

Withdrawal: None Note: Suspension action is discretionary with the licensing agency.

Miscellaneous Sanctions

Not Included Elsewhere: In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

Other Criminal Actions Related to Speeding:

Exceeding Speed Limit by 30 MPH: Class E Crime Title 29-A, §2074(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Not more than 6 months Title 17-A, §1252(2)(E)

Mandatory Minimum Term: None

Other Criminal Actions Related to Speeding:

(continued)

Exceeding Speed Limit by 30 MPH:

(continued)

Fine ($ Range): Not more than $1,000 Title 17-A, §1301(1-A)(E)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension Title 29-A, §2458(C) & Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications (Chapter 1, 29A-250)

Length of Term of

Licensing Withdrawal: 30 days Title 29-A, §2458(C) & Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications (Chapter 1, 29A-250)

Mandatory Action--Minimum

Length of License

Withdrawal: None

Other: I. An offender may be sentenced to perform community service for the benefit of the State, a local government, a school district or other public entity. Title 17-A, §1345

II. In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

Driving to Endanger⁽⁴⁾: Class E Crime Title 29-A, §2413(1)

Sanction:

Criminal:

Imprisonment (Term): Not more than 6 months Title 17-A, §1252(2)(E)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000 Title 17-A, §1301(1-A)(E)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension Title 29-A, §§2413(3) & 2458(2)(H)

Length of Term of License

Withdrawal Action: 30 to 180 days Title 29-A, §2413(3)

Mandatory Term of License

Withdrawal Action: 30 days Title 29-A, §2413(3)

Other: I. An offender may be sentenced to perform community service for the benefit of the State, a local government, a school district or other public entity. Title 17-A, §1345

Other Criminal Actions Related to Speeding:

(continued)

Driving to Endanger:

Other: (continued) II. In addition to or in lieu of any other sanction for a traffic law violation, a court may suspend an offender's license for not more than 60 days. Title 29-A, §2418

Commercial Motor Vehicle (CMV) Operators⁽⁵⁾:

Grounds for Disqualification: Special Note: Maine law allows the licensing agency to suspended a person's license (e.g, CDL) based on a violation of Federal CDL law and regulations. Title 29-A, §§1253 & 2458(2)(M)A Under Federal law, a person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁶⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. 49 USC §31310(e)⁽⁷⁾ & 49 CFR §383.51(c)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days 49 USC §31310(e) & 49 CFR §383.51(c)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days 49 USC §31310(e) & 49 CFR §383.51(c)

1. ¹Note: Maine law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

2. ²However, Title 29-A, §103(3) provides that a fine for a traffic infraction is not less than $25 (mandatory under Title 29-A, §104) but not more than $500.

3. ³Point System. I. An offender's license may be suspended for up to 15 days if they accumulate 12 points within 1 year. If the offender's license has had 3 previous suspension within 3 years, they are subject to a suspension for up to 120 days. II. The following points are assigned for speeding or speed related offenses: Exceeding the speed limit by 15 but <30 MPH-6 points; exceeding the speed limit by <15 MPH-4 points; excessive acceleration-4 points; imprudent driving or speeding-4 points; failure to reduce speed on curve-2 points; obstructing the flow of traffic-2 points; speed under the posted minimum-2 points; and, squealing tires-2 points. Title 29-A, §2458(2)(C) & (3) and Rules for Administrative Suspension Relating to Demerit Point Accumulation, Convictions and Adjudications (Chapter 1, 29A-250)

4. ⁴A person commits this offense if they operate a motor vehicle in a manner that endangers the property of another. This includes the property of either the operator or a passenger in the vehicle. Title 29-A, §2413(1)

5. ⁵A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is a bus or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. Title 29-A, §101(17)

6. ⁶A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. 49 USC §31301(12) & 49 CFR §383.5

7. ⁷This section is part of Public Law 103-272 which replaced Public Law 99-570.