PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Prohibit the Use of Engine Brakes on All State Roads under Certain Circumstances
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1902-A  is enacted to read:
§ 1902-A.  Engine brakes
 
1.  Prohibition.     Except as provided in subsection 3, a person may not use engine brakes on state highways as described in Title 23, section 53 and on the interstate highway as defined in Title 23, section 1903, subsection 3 including that portion designated as the Maine Turnpike from 11 p.m. to 7 a.m. For purposes of this section, “engine brake” means a supplemental brake system that assists in slowing a vehicle, including, but not limited to, compression release engine brakes and engine retarders.
 
2.  Penalty.     A person who violates this section commits a traffic infraction for which the fines in this subsection are adjudged:
 
A.  For a first offense, $50;
 
B.  For a 2nd offense, $200; and
 
C.  For a 3rd or subsequent offense, $500.
 
3.  Emergency.     It is a defense to a violation of this section that the operator of a vehicle has used an engine brake in an emergency situation to avoid imminent danger to a person or property.
 
SUMMARY
This bill prohibits the use of engine brakes on state highways and on the interstate highway, including the Maine Turnpike, from 11 p.m. until 7 a.m., except in the case of an emergency.