LD 1590
pg. 7
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LR 1941
Item 1

 
Notwithstanding Title 17-A, a person convicted of violating this
section is subject to a forfeiture of at least $250, which may
not be suspended.

 
9-A.__Violation.__The following penalties apply to violations
of this section.

 
A.__A person who violates this section commits a Class E
crime.

 
B.__Notwithstanding paragraph A, a person who violates this
section by displaying or causing or permitting to be
displayed a false decal or permit or a decal or permit
issued to another person commits a Class D crime.

 
A person issued a summons for failure to display a valid fuel use
identification decal pursuant to subsection 6 may not be issued
an additional summons for the same vehicle within one business
day.

 
A person convicted of violating this section is subject to a fine
of at least $250, which may not be suspended.

 
10. Suspension. If a person fails to file a fuel tax report
or to pay any taxes, interest, penalties or audit assessment as
required pursuant to Title 36, chapter 457 or 459 or any rule
adopted pursuant to this section, the Secretary of State shall
suspend the person's fuel tax license, all fuel decals issued to
the person and that person's privilege to operate as a motor
carrier. In order to be reinstated, the person must file all
delinquent tax returns and pay all assessments, interest and
penalties. In addition, the person must pay a $35 reinstatement
fee pursuant to section 2486, subsection 1.

 
11. Cooperation. The State Tax Assessor, the Department of
Public Safety and the Secretary of State shall cooperate in the
issuance of decals, licenses and permits, the processing of tax
returns, enforcement of this section and to ensure that timely
information is readily available to all enforcement personnel of
the status of those in noncompliance with the fuel use tax laws,
intrastate and interstate for-hire operating authority permit
requirements and motor vehicle registration laws.

 
Subject to the provisions of Title 36, the State Tax Assessor may
delegate to the Secretary of State responsibility for the
processing of motor carrier fuel tax returns, motor carrier fuel
tax collection and compliance with the administrative
requirements of the International Fuel Tax Agreement.


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