§ 38 §423-C — Registered owner's liability for vehicle illegally discharging waste

A person who is a registered owner of a vehicle at the time that vehicle is involved in a violation of section 423‑A commits a civil violation subject to the provisions of section 349, subsection 2, except as provided in subsection 4. For purposes of this section, "registered owner" includes a person issued a dealer or transporter registration plate.
1.
Report violation; investigation.
A person who observes a violation of section 423‑A may report the violation to a police officer. If a report is made, the person shall report the time and the location of the violation and the registration plate number and a description of the vehicle involved. The officer shall initiate an investigation of the reported violation and, if possible, contact the registered owner of the motor vehicle involved and request that the registered owner supply information identifying the operator.
2.
Summons.
The investigating officer may cause the registered owner of the vehicle to be served with a summons for a violation of this section.
3.
Registered owner not operator.
Except as provided in subsection 4, it is not a defense to a violation of this section that a registered owner was not operating the vehicle at the time of the violation.
4.
Defenses.
The following are defenses to a violation of this section.

Legislative History

PL 1991, c. 867, §1 (NEW). PL 1995, c. 65, §A149 (AMD). PL 1995, c. 65, §§A153,C15 (AFF).