HP0322, LD 472, item 1, An Act To Allow Properly Lifted Vehicles To Operate

An Act To Allow Properly Lifted Vehicles To Operate

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §1920, sub-§3, as amended by PL 2005, c. 276, §2, is further amended to read:

3. Suspension. Except as provided in this subsection or in subsection 2 or 4, an original suspension system may not be disconnected. This section does not prohibit the installation of heavy duty equipment, including shock absorbers and overload springs, or prohibit a person from operating on a public way a motor vehicle with normal wear of the suspension system if normal wear does not affect control of the vehicle.

Sec. 2. 29-A MRSA §1920, sub-§§4 to 6 are enacted to read:

4. Suspension lifting. The owner or operator of a motor vehicle that has been modified to lift the suspension to a height higher than the height at which the vehicle was originally manufactured shall acquire a suspension lift certificate and shall show the certificate to an inspection mechanic at the time of inspection. A vehicle may be modified to lift its suspension to a height higher than the height at which the vehicle was originally manufactured only by a person authorized by the Chief of the State Police pursuant to this subsection.

The Chief of the State Police may authorize a person to modify a motor vehicle suspension and to determine compliance with this subsection. An authorized person who modifies a motor vehicle suspension under this subsection shall issue a suspension lift certificate to the owner or operator of the motor vehicle that certifies that the motor vehicle complies with the suspension lift standards under this section.

Upon request, the Bureau of State Police shall provide suspension lift certificates to a person authorized to issue a certificate under this subsection. Suspension lift certificates provided by the Bureau of State Police in accordance with this subsection remain the property of the State.

A person authorized to issue a suspension lift certificate under this subsection who is adjudicated of a violation of this section or files an answer of "not contested" to a summons for a violation of this section shall return all unissued suspension lift certificates to the Bureau of State Police within 10 days of adjudication or of filing the answer. The Bureau of State Police may not provide that person with suspension lift certificates for a period of 6 months after the date of adjudication or filing an answer of "not contested."

If the operator of a motor vehicle with a suspension lifted higher than the height at which the vehicle was originally manufactured fails to produce a suspension lift certificate under this subsection on the request of a law enforcement officer, it is presumed that the motor vehicle does not meet the requirements of this section.

5. Violations. A person may not:

A. Modify the suspension of a motor vehicle in violation of subsection 4;

B. Fail to issue a suspension lift certificate as required by subsection 4 after modifying a motor vehicle to lift the vehicle's suspension higher than the height at which the vehicle was originally manufactured;

C. Alter the height of a motor vehicle's suspension after a suspension lift certificate has been issued pursuant to subsection 4 and then display the certificate as proof that the suspension meets the standards of subsection 4;

D. Display or permit to be displayed a suspension lift certificate, knowing the certificate to be fictitious or issued to another motor vehicle or issued without the motor vehicle meeting the standards of subsection 4;

E. Knowingly cause a suspension lift certificate to be issued for a motor vehicle that does not meet the standards of subsection 4;

F. Operate or cause the operation of a motor vehicle that does not meet the requirements of this section; or

G. Fail to return all unissued suspension lift certificates to the Bureau of State Police in accordance with subsection 4.

6. Rules. The Chief of the State Police may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

summary

This bill allows a motor vehicle to have its suspension modified to be higher than the height at which the vehicle was originally manufactured if the modification is performed by a person authorized by the Chief of the State Police. An authorized person who modifies a suspension to be higher than the height at which the motor vehicle was originally manufactured is required to issue a suspension lift certificate to the owner or operator of the vehicle, who is required to present the certificate to a mechanic performing an annual inspection of the vehicle. If a person who owns or operates a motor vehicle that has a suspension at a height higher than the height at which the vehicle was originally manufactured fails to produce a suspension lift certificate on request of a law enforcement officer, it is presumed that the motor vehicle does not have a suspension lift certificate.

HP0322 LD 472	Session - 126th Maine Legislature		LR 1455 Item 1
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