§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.

[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §240 (AMD); PL 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.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 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.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 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.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

[PL 2003, c. 414, Pt. A, §2 (NEW); PL 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.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §241 (AMD); PL 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.   [PL 2003, c. 655, Pt. B, §241 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

B.   [PL 2003, c. 552, §13 (RP); PL 2003, c. 552, §15 (AFF); PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. C, §§2, 6 (AFF).]

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

SECTION HISTORY

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