Chapter 591
H.P. 1396 - L.D. 2012
An Act To Protect Children in Vehicles from Secondhand Smoke
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1549  is enacted to read:
1. Definitions.
Â
As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Motor vehicle" has the same meaning as in Title 29-A, section 101, subsection 42.
B. "Smoking" means inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.
2. Prohibition.
Â
Smoking is prohibited in a motor vehicle by the operator or a passenger when a person who has not attained 16 years of age is present in that motor vehicle, regardless of whether the motor vehicle's windows are open.
3. Prohibition on inspection or search.
Â
A motor vehicle, the contents of the motor vehicle or the operator or a passenger in the motor vehicle may not be inspected or searched solely because of a violation of this section.
4. Not a moving violation.
Â
A violation of this section is a not a moving violation as defined in Title 29-A, section 101, subsection 44.
5. Penalty; warning.
Â
Notwithstanding section 1545, penalties for violations of this section are as set out in this subsection. A. From September 1, 2008 to August 31, 2009, a law enforcement officer shall give a written warning to an operator or passenger of a motor vehicle who is in violation of this section.
B. Beginning September 1, 2009, a person who violates this section commits a civil violation for which a fine of $50 must be assessed, except that a law enforcement officer may give a written warning to the operator or a passenger of a motor vehicle who is in violation of this section.
Sec. 2. Effective date. This Act takes effect September 1, 2008.
Effective September 1, 2008.