2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 921: WILDLIFE CAUSING DAMAGE OR NUISANCE
12 §12403. Damage to motor vehicles by wild animals or wild birds

Part 13: INLAND FISHERIES AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)
Subpart 4: FISH AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)

12403. Damage to motor vehicles by wild animals or wild birds

1. Claims. The State is not liable for any claims for damages to a motor vehicle by a wild animal or wild bird.

[ 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 240 (AMD); 2003, c. 655, Pt. B, 422 (AFF) .]

2. Accidental collisions involving deer, moose, bear or wild turkey. This subsection applies to accidental collisions involving deer, moose, bear or wild turkey.

A. The operator or owner having knowledge of a motor vehicle that has been involved in an accidental collision with a deer, moose, bear or wild turkey shall, by the quickest means, report the accident to a law enforcement officer. [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

B. The officer shall investigate an accident reported under paragraph A and, if the officer finds that the motor vehicle has sustained apparent damage as the result of the collision, shall give a certificate that entitles the person to the ownership of the carcass. The person may then take possession and immediately remove the entire carcass from the scene of the collision. [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

C. A person entitled to ownership of a deer, moose or bear carcass under paragraph B may not take possession of or remove any portion of the carcass without taking possession of or removing the entire carcass from the scene of the collision. [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

[ 2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF) .]

3. Penalties. The following penalties apply to violations of this section.

A. A person who fails to report an accident in accordance with subsection 2, paragraph A or who removes a portion of a carcass in violation of subsection 2, paragraph C commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 241 (AMD); 2003, c. 655, Pt. B, 422 (AFF).]

A-1. A person who fails to report an accident in accordance with subsection 2, paragraph A or removes a portion of a carcass in violation of subsection 2, paragraph C after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2003, c. 655, Pt. B, 241 (NEW); 2003, c. 655, Pt. B, 422 (AFF).]

[ 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 241 (AMD); 2003, c. 655, Pt. B, 422 (AFF) .]

SECTION HISTORY

2003, c. 414, A2 (NEW). 2003, c. 414, D7 (AFF). 2003, c. 552, 13 (AMD). 2003, c. 552, 15 (AFF). 2003, c. 614, 9 (AFF). 2003, c. 655, B240,241 (AMD). 2003, c. 655, B422,C2,6 (AFF).