Proposed Rulemaking
Rule Concerning the Decision-Making Authority of the Chief Engineer
17 DEPARTMENT OF TRANSPORTATION
229 OFFICE OF THE COMMISSIONER
CHAPTER ___ RULE CONCERNING THE DECISION-MAKING AUTHORITY OF THE CHIEF ENGINEER
Section 1. SUMMARY
The Department of Transportation’s (the Department) engineering expertise and functions, spearheaded by the Chief Engineer, are critical and fundamental to the execution and fulfillment of the Department’s duties and responsibilities, particularly when it comes to ensuring that the Department’s transportation infrastructure is designed, constructed, maintained, and used to safeguard public safety.
Section 2. DEFINITIONS
As used in this Rule, the following terms have the following meanings:
A. "Chief Engineer" means the civil engineer appointed by the Commissioner of Transportation as chief engineer under the provisions of 23 M.R.S.A Section 201.
B. "Commissioner" means the Commissioner of Transportation appointed by the Governor pursuant to 23 M.R.S.A. Section 4205.
C. "Engineering Data" means the technical information, including but not limited to CAD models, materials properties and specifications, materials testing results, formulas, and standards, used by a Professional Engineer to design, analyze, construct, and maintain products and systems that are part of Transportation Infrastructure.
D. "Engineering Principles" means the fundamental scientific and mathematical rules, concepts, and guidelines that ensure that engineered systems and structures function predictably and meet specified requirements, including safety and durability, under certain specified conditions.
E. "Practice of Professional Engineering" means any professional service, such as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with Transportation Infrastructure wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of Engineering Principles or Engineering Data.
F. "Professional Engineer" means a person who, by reason of knowledge of mathematics, the physical sciences and Engineering Principles, acquired by professional education and practical experience, is qualified to engage in the Practice of Professional Engineering and is licensed as a Professional Engineer by the State of Maine Board of Licensure for Professional Engineers or its successor.
G. "Transportation Infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to such modes.
Section 3. SCOPE OF DECISION-MAKING AUTHORITY OF CHIEF ENGINEER
In any matter necessitating the application of Engineering Principles or Engineering Data in connection with the design, construction, reconstruction, improvement, maintenance, operation, or use of Transportation Infrastructure to ensure public safety and the soundness, durability, and cost-effectiveness of such Transportation Infrastructure, the Chief Engineer has the authority to make the final engineering decision on the matter. In making such final decision, the Chief Engineer will consult with the Commissioner, but such consultation will not in any way abrogate the authority of the Chief Engineer to make such final decision on the matter.
STATUTORY AUTHORITY:
23 M.R.S.A §52; 23 M.R.S.A. §201.
Adopted Rules
MaineDOT's adopted rules may be viewed at the Department of Transportation Rules page through the Secretary of State's website. Some topics included are:
View all rules on the Department of Transportation Rules page