An Act To Ensure Safety at Motor Vehicle Events

Sec. 1. 8 MRSA §561,  as enacted by PL 1973, c. 662, §2, is repealed and the following enacted in its place:

§ 561.  License required; issuance of license

Sec. 2. 8 MRSA §562,  as amended by PL 1997, c. 728, §4, is further amended to read:

§ 562. Rules

The Commissioner of Public Safety shall make adopt, amend or rescind, after public hearing, notice of which has been duly advertised in the state paper, reasonable in accordance with the Maine Administrative Procedure Act, routine technical rules to be enforced with respect to the location, erection, construction and maintenance of grandstands, bleachers, stadiums, arenas, fences, safety barriers or other like structures or spectator areas intended primarily to support or protect spectators during any type of motor vehicle racing or motor vehicle events and with respect to public liability insurance coverage required by section 561.

Rules become effective when reviewed for form and legality by the Office of the Attorney General and approved in writing by the Commissioner of Public Safety and when a certified copy of the rules has been filed with the Secretary of State.

The Commissioner of Public Safety may waive the requirements of any rules to cover any special circumstances or conditions when the commissioner is satisfied that the special circumstances or conditions provide at least the same amount of safety to spectators at motor vehicle races or motor vehicle events that the rules, the waiver of which is requested, were intended to provide.

Sec. 3. 8 MRSA §563,   as amended by PL 1997, c. 728, §5, is further amended to read:

§ 563. Fees

The fee for the inspection of all structures or areas where motor vehicle racing or a motor vehicle event operates and the annual license for motor vehicle raceways is may not exceed $300. The fee permits the holder of any motor vehicle raceway the license to provide entertainment events such as auto thrill shows, motorcycle acts and other spectacular stunts at the licensed raceway motor vehicle racing or motor vehicle event area. These events must be included in the certificate of public liability required pursuant to section 562 561. These fees must accompany the application and be credited to a special revenue account to defray expenses in carrying out this section. Any balance of these fees does not lapse but is carried forward as a continuing account to be expended for the same purposes in the following years.

Sec. 4. 8 MRSA §565,  as enacted by PL 1973, c. 662, §2, is amended to read:

§ 565. Penalties

Any person or organization who operates any type of motor vehicle racing or motor vehicle event without a license duly issued therefor shall be punished by a fine must be fined an amount of not more than $1,000.

Any person or organization who operates any type of motor vehicle racing or motor vehicle event or who locates, erects, constructs or maintains any motor vehicle racing or motor vehicle event structure or spectator area except as provided for in the rules and regulations of the Commissioner of Public Safety shall be punished by a fine must be fined an amount of not more than $500 for each offense.

Sec. 5. 8 MRSA §566,  as enacted by PL 1973, c. 662, §2, is amended to read:

§ 566. Injunctions

In addition to any other remedy set forth in this chapter for the enforcement of this chapter or any rule, regulation, order or decision of the Commissioner of Public Safety, the Superior Court shall have has jurisdiction upon complaint filed by the commissioner, or any person duly authorized to act for the commissioner, to restrain or enjoin any person or organization from operating any type of motor vehicle racing or motor vehicle event or doing any act prohibited by this chapter or prohibited by any rule or regulation of the commissioner. If it is established upon hearing that the person or organization, or the officers, agents, servants or employees of such a person or organization, charged has been or is operating any type of motor vehicle racing or motor vehicle event in violation of any rule, regulation, order or decision of the commissioner, the court shall enter a decree enjoining said that person or organization and the officers, agents, servants and employees of said that person or organization and any other person from further operation of such motor vehicle racing or motor vehicle event. In case of violation of any injunction issued under this section, the court shall summarily try and punish the person for contempt of court. The existence of other civil or criminal remedies shall be no is not a defense to this proceeding. The commissioner or his the commissioner's authorized agent shall is not be required to give or post a bond when making an application for an injunction under this section.

Sec. 6. 8 MRSA §567,  as enacted by PL 1973, c. 662, §2, is repealed.

Sec. 7. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 8, chapter 22, in the chapter headnote, the words "motor vehicle racing" are amended to read "motor vehicle racing and motor vehicle events," and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

summary

This bill makes the laws applicable to motor racing events also applicable to motor vehicle events, which are activities in which a motor vehicle is operated or displayed for the entertainment of an audience.