HP0723, LD 963, item 1, 123rd Maine State Legislature
An Act To Prohibit Construction Companies from Using Certain Heavy Equipment in Residential Neighborhoods

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An Act To Prohibit Construction Companies from Using Certain Heavy Equipment in Residential Neighborhoods
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3055  is enacted to read:
§ 3055.  Residential areas
 
1.  Prohibited equipment.     A pavement reclaimer or vibratory roller may not be used for the construction, maintenance or repair of a street or road in an area zoned as residential.
 
2.  Presumed liability.     A private general contractor that is responsible for construction, maintenance or repair of a road, including blasting, is presumed liable for damage to private property, including a structure, that is caused by that activity. This subsection does not apply to a municipality or state agency that directly performs construction, maintenance or repair of a road without subcontracting to a private entity.
 
SUMMARY
This bill prohibits the use of pavement reclaimers and vibratory rollers in the construction, maintenance or repair of a street or road in an area zoned as residential. This bill also presumes liability on a general contractor responsible for road construction, maintenance or repair if that activity, including blasting, damages private property, with the exception of a municipality or state agency that directly performs construction, maintenance or repair of a road without subcontracting to a private entity.

HP0723, LR 834, item 1, First Regular Session - 123rd Legislature, page