Maine § 2364-B. - Transportation of wood

§ 2364-B.. Transportation of wood

A person transporting wood must comply with the provisions of this section.   [PL 1997, c. 648, §2 (NEW).]

1.  Trip ticket required.  Except as provided in subsections 3 and 4, each truckload of wood transported must be accompanied by a trip ticket containing the following information for that load of wood:

A. The date the wood is hauled;   [PL 1997, c. 648, §2 (NEW).]

B. The name of the landowner;   [PL 1997, c. 648, §2 (NEW).]

C. The town of origin;   [PL 1997, c. 648, §2 (NEW).]

D. For wood harvested in the State, the number on the harvest notification form filed with the Bureau of Forestry in accordance with Title 12, section 8883‑B;   [PL 2003, c. 452, Pt. F, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

E. The name of the contractor;   [PL 1997, c. 648, §2 (NEW).]

F. The name or names of the cutting crew;   [PL 1997, c. 648, §2 (NEW).]

G. The name of the hauler;   [PL 1997, c. 648, §2 (NEW).]

H. The destination of the wood, both town and customer;   [PL 2021, c. 280, §1 (AMD).]

I. The signature of the truck driver; and   [PL 2021, c. 280, §2 (AMD).]

J. An affirmation by the owner of the land from which the wood was harvested that the load of wood is being transported in a legal manner consistent with state law.   [PL 2021, c. 280, §3 (NEW).]

2.  Trip ticket part of record.  Upon delivery of a truckload of wood requiring a trip ticket, the truck driver shall provide a copy of the trip ticket to the wood scaler or other person accepting delivery. When a tally sheet or other record of measurement is required under section 2364‑A, subsection 2, the harvest notification number and other information contained on the trip ticket must be recorded on the record of measure or a copy of the trip ticket must be attached to the record of measure.

3.  Wood transported after measurement.  When wood is transported after its first measurement in accordance with section 2364‑A, the information specified in subsection 1, paragraphs B, D and F is not required on the trip ticket and the harvest notification number is not required on subsequent records of measurement.

4.  Consumer transactions of firewood excluded.  The requirements of this section do not apply to the transportation of firewood in consumer transactions on the retail market as defined in rules adopted pursuant to section 2367.

5.  Enforcement; violations.  Upon request, a truck driver must present the trip ticket to any employee of the State charged with enforcing the provisions of this subchapter. Upon request, a wood scaler shall present the record of measurement including a copy of the trip ticket or information contained on the trip ticket to any employee of the State charged with enforcing the provisions of this subchapter.

A. A person who violates this section commits a civil violation and is subject to the penalties provided in section 2368.   [PL 2003, c. 452, Pt. E, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

B. A person who violates this section after having previously violated this subchapter or rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in section 2368.   [PL 2003, c. 452, Pt. E, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

C. A person who misrepresents information on a trip ticket commits a civil violation and is subject to the penalties provided in section 2368.   [PL 2003, c. 452, Pt. E, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

D. A person who misrepresents information on a trip ticket after having previously violated this subchapter or rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in section 2368.   [PL 2003, c. 452, Pt. E, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

6.  Presentation of trip ticket to forest ranger.  Upon request, a truck driver or an owner or manager of any log yard or mill site shall present a copy of the trip ticket to a forest ranger in any log yard or mill site. Upon request, a wood scaler shall present the record of measurement including a copy of the trip ticket or information contained on the trip ticket to a forest ranger. A forest ranger may request and use this information for the purpose of enforcing and investigating alleged violations of Title 12, section 8006 and Title 12, section 8883‑B; Title 14, section 7552; and Title 17, section 2510. For purposes of this subsection, "forest ranger" means a person employed by the Department of Agriculture, Conservation and Forestry, Bureau of Forestry under Title 12, section 8901. A truck driver, an owner or manager of any log yard or mill site or a wood scaler who fails to comply with the provisions of this subsection is subject to the penalties provided in section 2368.