This just in:
STATE OF MAINE
Department of Public Safety
Maine State Police
Traffic Safety
20 State House Station
Augusta, Maine
04333-0020
JANET T. MILLS BRUCE G. SCOTT COL. JOHN E. COTE GOVERNOR LIEUTENANT CHIEF
MICHAEL SAUSCHUCK RANDALL C. MCKIEL LT. COL. BILL S. HARWOOD
COMMISSIONER SUPERVISOR DEPUTY CHIEF
To Whom it may concern,
Please accept this general correspondence as the Maine State’s Polices response to the numerous Mitsubishi Delicaand other related inquiries of non-conforming vehicles. Due to the high number of inquiries it is more efficient for me to respond to all of you at once. Sorry for the lack of personalization and if I miss any of your specific questions. You will find relevant portions of rules and laws pertinent to this discussion copied and pasted throughout my response for your convenience.
First let me start by saying, we agree with the Bureau of Motor Vehicles’ (BMV) decision to request that all registrations for any non-conforming vehicles be recalled immediately. The law (Title 29-A section 354) doesn’t allow for vehicles to be registered for highway use if they are “off road vehicles” as defined by Title 29-A section 101 subsection 47-A. Statute also prohibits the operation of “off road vehicles” on a public way, per Title 29-A section 2092. Having said that, this isn’t specifically about the Mitsubishi Delica, this pertains to any vehicle that meets the definition of an “off-road vehicle.” As you will read in the law copied below, vehicles that don’t meet the inspection standards of Chapter 15 and that are not a mopeds or motorcycles are considered “off road vehicle(s).”
47-A. Off-road vehicle. "Off-road vehicle" means a motor vehicle that, because of the vehicle's
design and configuration, does not meet the inspection standards of chapter 15 and that is not a moped
or motorcycle.
[PL 2005, c. 577, §6 (NEW).]
§354. Off-road vehicles
Off-road vehicles may not be registered in accordance with this Title. [PL 2005, c. 577, §8
(NEW).]
§2092. Operation of off-road vehicles
1. Operation prohibited. Unless the specific type of off-road vehicle is authorized to be operated
on a public way by this or any other Title, an off-road vehicle may not be operated on a public way or
parking area.
[PL 2005, c. 577, §34 (NEW).]
2. Violation. A person who operates an off-road vehicle in violation of subsection 1 commits a
traffic infraction.
[PL 2005, c. 577, §34 (NEW).]
SECTION HISTORY
PL 2005, c. 577, §34 (NEW).
So, the real question that needs to be answered when evaluating the current law is, does the vehicle meet the standards set forth in the Maine Motor Vehicle Inspection Manual (MMVIM)? If the vehicle does not meet the standards set forth in the MMVIM it cannot be registered or operated on a public way. The MMVIM carries the weight of law, as Title 29-A section 1769 grants authority to the Chief of the Maine State Police to adopt rules for the administration and enforcement of Chapter 15. The MMVIM are those rules promulgated by that statute and The Maine Administrative Procedure Act. The BMV is obligated to recall any registrations that are issued to vehicles improperly or illegally, once the issue is brought to their attention. To assert that you have already registered a vehicle one or more times is not a defense to a clear violation of law. Also, to assert that vehicle has passed an inspection one or more times is not accurate, it may have received an inspection sticker in error, but it couldn’t have passed an inspection if the vehicle does not meet the Federal Motor Vehicle Safety Standards, The EPA pollutant requirements, or the NHTSA DOT crash testing standards. A vehicle registered in error (contrary to law) or a vehicle that received an inspection sticker in error does not guarantee the owner of the vehicle rights to operate an “off road vehicle” on a public way. Once the error is discovered it must be remedied by immediately withdrawing the registration and removing the inspection sticker. The BMV nor the State Police has the authority to allow anyone to violate the law, so we cannot grant exceptions or grant extensions. This decision is not based on new laws or rules nor is arbitrary or capricious. The laws governing “off road vehicles” has been on the books for over a decade. There have been several instances over the years that I am aware of, where BMV has been forced to withdraw registrations based on similar circumstances.
MMVIM
16 DEPARTMENT OF PUBLIC SAFETY
222 BUREAU OF STATE POLICE
SECTION 170: CLASSES A & E MOTOR VEHICLE INSPECTION STANDARDS
SUMMARY: This section describes the inspection procedures, standards, and parts of the vehicle that must be inspected for class A and E vehicles. This section also establishes the standards for rejecting the vehicles for inspection. All vehicles inspected in the State of Maine must have met all applicable Federal Motor Vehicle Safety Standards, Environmental Protection Agency pollutant requirements and National Highway Traffic and Safety Administration crash testing requirements at the time of manufacture, unless otherwise authorized by law.
The legal process through NHTSA to import these vehicles into the country is irrelevant. That is a federal exemption for importation but does not affect the laws of each state that govern the registration and inspections of said vehicles.
In closing, the legislature this year voted to enact LD 1433 which added clarity to the law that already existed and strengthens our opinion. It is worth repeating, that bill does not change the current law, it only added language to the definitions in statute to clarify what an “off road vehicle” is. It further clarifies that an “off road vehicle” can’t be registered as an antique auto, antique motorcycle, a custom vehicle or a passenger car. That law becomes effective on October 18th this year but doesn’t change the current requirements and therefore waiting until October 18th to comply is not an option that can be offered by the BMV or the State Police.
With respect,
Lt. Bruce Scott
Lt. Bruce Scott
Commander, Traffic Safety Unit
Maine State Police
