§15223. Criminal operation of elevator or tramway
1. Prohibition. An owner of an elevator or tramway is guilty of criminal operation of an elevator or tramway if that owner operates that elevator or tramway without a current and valid inspection certificate.
[PL 2001, c. 573, Pt. B, §27 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
2. Strict liability. Criminal operation of an elevator or tramway is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
[PL 2001, c. 573, Pt. B, §27 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
3. Specific number of days of criminal operation. Each day of criminal operation does not constitute a separate crime.
[PL 2001, c. 573, Pt. B, §27 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
4. Class of crime; enhanced fine. Criminal operation of an elevator or tramway is a Class E crime. However, notwithstanding Title 17‑A, section 1704, subsection 5 or Title 17‑A, section 1705, subsection 5, the court may impose an enhanced fine. The fine amount above that authorized under Title 17‑A, section 1704, subsection 5 or Title 17‑A, section 1705, subsection 5 is based solely on the number of days of criminal operation pleaded and proved by the State. For each day of criminal operation pleaded and proved, the court may increase the fine amount by up to $100 for each of those days.
[PL 2019, c. 113, Pt. C, §85 (AMD).]
5. Imposition of sentence without enhanced fine. Nothing in subsection 3 or 4 may be construed to restrict a court, in imposing any authorized sentencing alternative, including a fine in an amount authorized under Title 17‑A, section 1704, subsection 5 or Title 17‑A, section 1705, subsection 5, from considering the number of days of illegal operation, along with any other relevant sentencing factor, which need not be pleaded or proved by the State.
[PL 2019, c. 113, Pt. C, §86 (AMD).]
SECTION HISTORY
PL 1995, c. 560, §H14 (NEW). PL 1995, c. 560, §H17 (AFF). PL 2001, c. 573, §B27 (RPR). PL 2001, c. 573, §B36 (AFF). PL 2019, c. 113, Pt. C, §§85, 86 (AMD).
Structure Maine Revised Statutes
TITLE 32: PROFESSIONS AND OCCUPATIONS
Chapter 133: ELEVATOR AND TRAMWAY SAFETY
32 §15201. Declaration of policy
32 §15203. Retroactive effect; exception
32 §15205. Board of Elevator and Tramway Safety (REPEALED)
32 §15205-A. Director's powers and duties
32 §15206. Powers and duties of board (REPEALED)
32 §15206-A. Denial or refusal to renew license; disciplinary action
32 §15207. Appointment of state inspectors (REPEALED)
32 §15207-A. Licensure by endorsement
32 §15208. Examination of private elevator and lift inspectors; licenses and renewals
32 §15208-A. Registration of elevator contractors
32 §15209. Examination of private tramway inspectors; licenses
32 §15209-A. Private wire rope inspectors; licenses
32 §15210. Revocation of private tramway or elevator inspector's license
32 §15211. Notice of accidents
32 §15212. Examination of accidents
32 §15213. Elevator or lift mechanics; license; definition
32 §15214. Issuance; qualifications
32 §15215. Inspector endorsement to elevator or lift mechanic's license (REPEALED)
32 §15216. Examination of elevator or lift mechanics; applications; licenses; renewals
32 §15216-A. Application fee (REPEALED)
32 §15216-B. Wire rope inspectors; licenses (REPEALED)
32 §15217. Skiers' and tramway passengers' responsibilities
32 §15218. Duties of skiers and tramway passengers; acts prohibited
32 §15221. Inspection of elevators and tramways
32 §15222. Condemned elevators and tramways not to be operated
32 §15223. Criminal operation of elevator or tramway
32 §15224. Installation of new elevators and tramways; fees
32 §15225. Inspection fees (REPEALED)
32 §15226. Reports by inspectors