Title 23, Title 23

1. Fund established. The Municipal Stream Crossing Fund, referred to in this section as "the fund," is established within and is administered by the department to issue grants in accordance with this section. The fund consists of proceeds from the sale of bonds authorized for the…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 313, §6 (NEW).] 1. Transportation infrastructure. "Transportation infrastructure" means infrastructure related to all modes of transportation, includi…

The department has full power in the procurement and letting of all contracts for transportation-related services. The department may award contracts for these services pursuant to procedures permitted by federal law. The department may solicit statements of qualifications and pr…

The department has full power in the procurement and letting of all contracts to construct, demolish or maintain transportation infrastructure. The department shall make, or cause to be made, all surveys, plans, estimates, specifications and contracts for all proposed work. If th…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Best value" means the highest overall value to the State, considering quality and cost. [PL 2009, c. 648, Pt. B, §2 (NEW).] B. "Design-build contr…

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Agreement" means a contract between the department and a private entity to create a public-private partnership that allows for private sector p…

The Maine State Ferry Advisory Board, established by Title 5, section 12004-I, subsection 82, and in this section called "the board," shall be a board within the Department of Transportation.

The membership of the board consists of one person from each of the island municipalities and plantations serviced by the Maine State Ferry System and 3 members appointed by the Commissioner of Transportation. The members representing the island municipalities and plantations sha…

1. Chairman; meetings. The board shall annually elect a chairman from among its members, and the chairman shall serve a term of one year. The board shall meet at the call of the chairman, or at the call of at least 3 members of the board, and there shall be at least 3 meetings he…

The board shall advise the Department of Transportation on matters relating to the Maine State Ferry Service and shall submit to the Commissioner of Transportation an annual report which shall include recommendations for change to the Maine State Ferry Service and comments upon t…

The Department of Transportation shall supply reasonable staff support requested by the board.

It is the duty of the Department of Transportation to operate a ferry route or routes between the mainland and the towns of North Haven, Vinalhaven, Islesboro, Matinicus Isle and Swan's Island for the purpose of transporting vehicles, freight and passengers to and from these town…

The Department of Transportation may operate a special charter service to Hurricane Island in Knox County, or to ports added or to be added by legislative enactment. The operation of this charter service shall not interfere nor curtail in any way the schedule of the Maine State F…

Whenever it is determined by the Public Utilities Commission that ferry transportation for persons and property between the mainland and the islands in Casco Bay located within the limits of the City of Portland and the Town of Cumberland can no longer feasibly be provided by pri…

The Department of Transportation shall, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, establish tolls for the use of such ferry line or lines by vehicles, freight and passengers. Tolls collected from the operation of the Maine State Fer…

The Department of Transportation shall grant to the towns of North Haven, Vinalhaven, Isleboro, Swan's Island and Frenchboro free use of the scheduled ferry service for: [PL 2005, c. 9, §1 (AMD).] 1. School functions. Students and their adult supervisors using the ferry for trans…

1. Radar device required. Every person, firm or corporation engaged in the transport of 6 or more passengers by vessel, for compensation, between or among the islands of Casco Bay and the mainland, shall provide an operable radar device on each vessel operated by the person or co…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Catastrophic illness" means an unforeseen, prolonged and extended illness or medical condition, the medical and associated travel expenses of whic…

A former state employee who is receiving retirement benefits after at least 15 years of employment with the Maine State Ferry Service and who is a year-round resident of one of the served islands of the Maine State Ferry Service is eligible to receive a lifetime ferry pass and a …

1. Change to existing overnight docking practice. The Department of Transportation may not without legislative approval change the existing overnight docking practices of a state-owned ferry vessel that docks overnight on an island served by the Maine State Ferry Service. The dep…

The Maine Port Authority, as established by Title 5, section 12004‑F, subsection 8, is a body both corporate and politic in the State established for the general purpose of acquiring, financing, constructing and operating any kind of marine port terminal facility and associated m…

The Maine Port Authority consists of a board of directors, referred to in this section as "the board." The board consists of 7 directors who must be broadly representative of the State and must have a background in international trade, marine transportation, finance or economic d…

The Maine Port Authority and the Department of Transportation may enter into such agreements as the directors and commissioner determine to be in the best interests of the State for the department to acquire, construct, maintain and operate any or all facilities funded from bonds…

1. Authorization. The Maine Port Authority may provide by resolution from time to time for the issuance of bonds for the purpose of funding the establishment, acquisition or effectuation of marine port terminal facilities and associated multimodal infrastructure facilities, for c…

All real and personal property owned by and in the name of the Maine Port Authority shall be considered as property of the State and entitled to the privileges and exemptions of property of the State, except insofar as waived by the duly authorized contract, or other written inst…

Land required for improvement to existing facilities or construction of new facilities undertaken by the Maine Port Authority or in cooperation with the Department of Transportation may be acquired for these purposes in the same manner as provided in chapter 3, subchapter III.

No member, officer or employee of the Maine Port Authority may acquire any interest, direct or indirect, in any contract or proposed contract of the authority nor may any member, officer or employee participate in any decision on any contract entered into by the authority if he h…

Facilities acquired, constructed, operated or maintained under this subchapter, and land upon which the facilities are located is subject to such of the environmental laws of the State as would be applicable to private enterprise were the facilities owned or operated by the priva…

Notwithstanding any other provision of this subchapter, funds paid to the Maine Port Authority as a result of state investments or loans for the development of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port op…

The Maine Port Terminal Facilities Marketing Program is established to encourage and promote business opportunities for marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations developed by the Maine Port Aut…

1. Employees; executive director. The board of directors of the Maine Port Authority shall hire an executive director and set the compensation, fringe benefits and term and determine all other significant employment provisions regarding the executive director. The board may autho…

1. Annual report. Beginning January 1, 2023, on an annual basis, the Maine Port Authority shall present a report of the authority's activities for the preceding fiscal year, including a report of its receipts and expenditures from all sources and a description of progress toward …

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Offshore wind power project" has the same meaning as in Title 35‑A, section 3405, subsection 1, paragraph C. [PL 2023, c. 481, §1 (NEW).] B. "O…

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §4 (NEW).] 1. Railroad. "Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by wh…

Every railroad company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment of all labor thereafter performed in constructing the road by persons in their employment. The company is liable to the laborers employ…

When any foreign railroad company that is or has been doing business in this State as the lessee of any railroad refuses or neglects for 60 days after demand to pay and discharge any judgment recovered by any person against the railroad company owning that leased road for damages…

When any judgment is recovered and the foreign company neglects, for 60 days, to satisfy it, the judgment creditor may have a civil action against the foreign company for the recovery of the amount of the judgment, with interest and costs.

The commissioner shall formulate and adopt reasonable rules for safe and healthful operation of off-system railroads operating for the transportation of persons or goods. The rules formulated must conform as far as practicable to nationally recognized standards for the safe opera…

Every corporation organized under this Title, former Title 13-A, Title 13‑C or former Title 35, before commencing the construction of its road, shall present to the Department of Transportation a petition for approval of location, defining its courses, distances and boundaries ac…

The railroad shall be located within the time and substantially according to the description of its charter and the location shall be filed with the county commissioners, who shall endorse the time of filing thereon and order that location recorded. When a corporation, by its fir…

Any railroad corporation may establish and collect for its sole benefit, fares, tolls and charges upon all passengers and property conveyed and transported on its railroad, at such rates as may be determined by the directors of the railroad corporation and shall have a lien on it…

No railroad company may limit the right of a ticket holder to any given train, but the ticket holder may travel on any train, whether regular or express, and may stop at any of the stations along the line of the road at which the trains stop. The ticket shall be good for passage …

Section 5122 shall not prevent railroad corporations from establishing necessary rules and regulations for the cancellation of tickets and exchange of partially used tickets, but the rules and regulations shall be publicly posted at each ticket office and on all passenger trains …

No person, other than a duly authorized agent of the railroad company issuing a railroad ticket, may sell, offer for sale or loan any railroad ticket limited to the use of a person or persons specified on the ticket at the time of its issuance by the railroad company, under a pen…

No person is entitled to transportation over a steam railroad or upon any ferry or in a taxicab or public automobile, who does not on demand first pay the established fare. Whoever, while being transported over any steam railroad, ferry or in a taxicab or public automobile, willf…

Railroads intersecting or crossing each other shall be deemed, for all business purposes, connecting roads.