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Maine Alliance for Road Associations

Owner parking in roadway

  • 10 Mar 2026 2:56 PM
    Message # 13608029

    We have an owner who refuses to park their vehicle completely in their driveway and off the association's road.  This is causing problems for snow plowing as well as poses a potential problem if we need emergency vehicles to get beyond the parked vehicle.  We have tried to reason with this person, but they continue to park at least part of their vehicle in the roadway.  Does anyone have a suggestion on how to create a policy that would allow us to legally tow the vehicle?

  • 11 Mar 2026 7:58 AM
    Reply # 13608296 on 13608029

    We just drive our car to the location on our public easement, which shows we can't get through and call the police. The police come and tell the owner move the car, he's obstructing the road, and is causing a fire hazard (fire trucks can't get through). 

    I don't know if it'll work for private roads/gated roads. 

  • 11 Mar 2026 9:36 AM
    Reply # 13608328 on 13608029
    Anonymous member (Administrator)

    You should be able to get law enforcement to use one of the following statutes.

    Title 17 section 2802 lists various nuisances, including the following:

    "... the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. ..."

    Here's a link to the complete statute:  

    https://legislature.maine.gov/statutes/17/title17sec2802.html

    The ambiguity in that is the question of which definition of the term "private way" is intended in this statute, since Title 17 does not define the term.  In Title 23 section 3021, a "private way" is defined as a "public easement," which would mean it doesn't apply to private roads.  But in Title 29-A section 101 paragraph 58, there is this even more ambiguous definition: 

     58.  Private way.  "Private way" means a way privately owned and maintained over which the owner may restrict use or passage and includes a discontinued way even if a public recreation easement has been reserved. 

    According to that definition, a private way may or may not be a road that's open to the public. 

    But in Title 17 there is also this statute:

    17 MRS §3853-C. Trespass by motor vehicle; civil violation

    1.  Violation.  A person may not park a motor vehicle or allow a motor vehicle under that person's control to remain parked:  

    A. In a private drive or private way in a manner that blocks or interferes with the free passage of other vehicles without the permission of the owner of that private drive or way; or  

    B. On a public highway in a manner that blocks the entrance to a private driveway, gate or barway.   

    2.  Penalty.  A person who violates subsection 1 commits a civil violation for which a fine of not less than $500 must be adjudged.  

    3.  Registered owner's liability for vehicle.  There is a rebuttable presumption that a registered owner of a vehicle involved in a violation of subsection 1 has that vehicle under that person's control.  

    https://legislature.maine.gov/statutes/17/title17sec3853-C.html

    That seems pretty clear - a person may not block someone's access, even if that access is entirely privately owned.  I would suggest printing that off and having a copy of it handy in case law enforcement isn't sure what they can do.


  • 11 Mar 2026 8:40 PM
    Reply # 13608690 on 13608029

    This may be of some assistance too.

    Title 29-A 2054:

    4.  Right-of-way.  An authorized emergency vehicle operated in response to, but not returning from, a call or fire alarm or operated in pursuit of an actual or suspected violator of the law has the right-of-way when emitting a visual signal using an emergency light and an audible signal using a bell or siren. On the approach of any such vehicle, the operator of every other vehicle shall immediately draw that vehicle as near as practicable to the right-hand curb, parallel to the curb and clear of any intersection and bring it to a standstill until the authorized emergency vehicle has passed. A violation of this subsection is a Class E crime that is punishable by a minimum fine of $250 for the first offense and for a 2nd offense occurring within 3 years of the first offense a mandatory 30-day suspension of a driver's license.  

    [PL 2019, c. 113, Pt. C, §74 (AMD).]

    4-A.  Registered owner's liability for vehicle failing to yield right-of-way.  A person who is a registered owner of a vehicle at the time that vehicle is involved in a violation of subsection 4 commits a traffic infraction unless a defense applies pursuant to paragraph D. For purposes of this subsection, "registered owner" includes a person issued a dealer or transporter registration plate.  

    A. The operator of an authorized emergency vehicle who observes a violation of subsection 4 may report the violation to a law enforcement officer. If a report is made, the operator 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 of the registered owner's motor vehicle.   [PL 1997, c. 162, §2 (NEW).]

    B. The investigating officer may cause the registered owner of the vehicle to be served with a summons for a violation of this subsection.   [PL 1997, c. 162, §2 (NEW).]

    C. Except as provided in paragraph D, it is not a defense to a violation of this subsection that a registered owner was not operating the vehicle at the time of the violation.   [PL 1997, c. 162, §2 (NEW).]


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