| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 29-A MRSA §2073, as enacted by PL 1993, c. 683, Pt. A, §2 | | and affected by Pt. B, §5, is amended to read: |
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| | | §2073. State authority to regulate speeds |
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| | | 1. Authority to regulate. Except as provided in section | | 2075, subsection 2 and notwithstanding section 2074, subsection | | 1, the Commissioner of Transportation, with the approval of the | | Chief of the State Police, may on those portions of a public way | | not located in a municipality: |
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| | A. Restrict the maximum rate of speed on a public way where | | a speed limit will minimize the danger of accident, promote | | the free flow of traffic, conserve motor fuel or respond to | | changes in federal laws; |
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| | B. Increase the maximum rate of speed on a public way where | | higher speeds are warranted to promote the normal and | | reasonable movement of traffic; or |
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| | | C. Make an adjustment of maximum rates of speed. An | | adjustment under this paragraph is exempt from the | | provisions of the Maine Administrative Procedure Act. |
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| | | The commissioner may set minimum and maximum speeds for | | those sections of the interstate system located in a | | municipality. The commissioner may not set maximums that | | exceed 60 miles per hour or, on the interstate system or | | other divided controlled-access highways, 65 miles per hour. |
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| | | The commissioner may not set maximums for the Maine | | Turnpike. |
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| | | 2. Municipal request. If a municipal request to the | | Department of Transportation to change a speed limit is denied, | | the municipality may request the department to hold a public | | hearing within the municipality to provide the department with | | the views of the public on the requested speed limit change. The | | department shall: |
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| | | A. Hold the hearing within 30 days of the request; and |
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| | | B. Inform the municipality of a final decision on the | | requested speed limit change within 30 days after the | | hearing. |
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| | | 3. Prohibition. A person may not operate a vehicle in excess | | of maximum speeds fixed pursuant to this section, as long |
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