§ 23 §4206 — Duties of commissioner

1.
Duties.
The commissioner shall have the following general powers, duties and responsibilities:
2.
Organization.
The commissioner shall organize the department into such bureaus, divisions and other units as he deems necessary to fulfill the duties of the department, provided at all times there shall be the following bureaus:
3.
Advisory boards.
The commissioner, subject to approval by the Governor, shall organize and create such advisory committees and boards to serve at the pleasure of the commissioner for such terms and purposes as are deemed to be in the best interest of furthering the intent and purposes of this chapter. Such committees and boards shall be made up of persons especially skilled, knowledgeable or experienced in some phase of transportation. The commissioner shall fix the compensation for those who serve on such boards and committees with the consent and approval of the Governor.
4.
Personnel.
The commissioner may appoint such deputies, directors, assistants, general counsel and other officers and employees as may be needed for the performance of his duties. These appointments shall be subject to the Civil Service Law, except for the following who shall serve at the pleasure of the commissioner: Deputy Commissioners of Transportation; Chief Counsel, Bureau of Legal Services; Assistant to the Commissioner; and Assistant to the Commissioner for Public Information.
5.
Rules and regulations.
The commissioner may prescribe and promulgate all necessary rules and regulations in order to fulfill the purposes of this Title.
6.
Hearings.
The commissioner may conduct investigations, inquiries and hearings concerning all matters within the jurisdiction of the department. The commissioner may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, records, books and documents and if any person refuses to attend, testify or produce papers, records, books and documents as ordered, a Justice of the Superior Court, upon application of the commissioner, may make such order as is appropriate to aid in enforcement of the order.
7.
Delegation.
The commissioner may delegate to deputies, directors, assistants and other officers and employees of the department such of his duties as he deems appropriate.
8.
Experimental projects.
The commissioner may engage in such experimental projects as he deems will contribute to furthering the purposes of this chapter.
9.
Experimental vehicle permits.
The Commissioner of Transportation, with the advice of the Commissioner of Public Safety and the Director of Motor Vehicles, may establish a program providing for the issuance of temporary experimental vehicle permits on a discretionary basis, each for a period not exceeding 2 years, upon proper application in writing from a trucker representing a significant sector of the trucking industry. The permits are to provide for the operation and the evaluation of the operation of experimental vehicles that have a length, width, height, weight and other conditions beyond that specified in Title 29‑A, over any nonlimited way or bridge. These permits carry no fee. Registration must be assessed for the applicable road limit exclusive of general or special commodity permits, despite expected operation beyond these limits, in an experimental mode. Multistate experiments are to be encouraged. Registration in another state in the context of a regional multistate experiment will be honored without the necessity of acquiring a Maine registration. These permits may be granted only within the context of a structured joint industry-government evaluation program, including preparatory off-road performance tests, strictly controlled operational testing on the highway system and both in-process and final evaluation reports covering productivity, operating characteristics and safety. Additional reports may be required by the commissioner if considered necessary during the experimental phase. The Commissioner of Transportation shall issue these permits on a limited basis and only if the commissioner judges that a significant potential exists for increased productivity without undue compromise in safety by the eventual legal general operation of the experimental vehicle, without permit, on the highway system. No commitment to that eventual operation is implied by the issuance of the temporary experimental vehicle permit. The Commissioner of Transportation shall ratify, at the commissioner's discretion, all conditions of the experimental programs proposed, including, but not limited to, preparatory off-road vehicle tests, time limits, vehicle dimensions, axle and gross weight limits, routing, insurance and reporting provisions. The commissioner may terminate any evaluation at any time if in the commissioner's judgment the operation of the vehicle poses an undue threat to public safety or the integrity of the highway system or if the conditions of the permit are violated.

Legislative History

PL 1971, c. 593, §16 (NEW). PL 1973, c. 186, §2 (AMD). PL 1973, c. 685 (AMD). PL 1975, c. 771, §258 (AMD). PL 1977, c. 341, §1 (AMD). PL 1977, c. 658, §§3-5 (AMD). PL 1977, c. 674, §22 (AMD). PL 1979, c. 127, §155 (AMD). PL 1979, c. 505, §§1-3 (AMD). PL 1981, c. 45, §2 (AMD). PL 1981, c. 492, §§D3-D5,9 (AMD). PL 1981, c. 505, §5 (AMD). PL 1981, c. 591 (AMD). PL 1981, c. 595, §4 (AMD). PL 1983, c. 310, §§1-4 (AMD). PL 1983, c. 477, Pt. E,Subpt.26, §§8 (AMD). PL 1983, c. 489, §11 (AMD). PL 1985, c. 506, §A48 (AMD). PL 1985, c. 741 (AMD). PL 1985, c. 785, §B105 (AMD). PL 1987, c. 109 (AMD). PL 1995, c. 65, §A66 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 504, §§B7,C8,9 (AMD). PL 1997, c. 727, §C5 (AMD). PL 1999, c. 152, §H1 (AMD). PL 2005, c. 277, §§1-3 (AMD). PL 2011, c. 302, §20 (AMD). PL 2021, c. 66, §§1-3 (AMD). PL 2023, c. 50, Pt. C, §§1-3 (AMD).