Maine law - this was - Injured hiker carried 8 miles to safety

[SAR-EMT40]

I was interested enough in this topic to start a separate thread as I didn't want the other thread to go farther off topic.

Keith

I could not find a statute that requires a person to render aid under Maine law...

Beth

Beth,

Peruse part 4A of this section. This is the section that Mad Townie also pointed out which looks like it was added or amended in 2003.

Maine statutes

I would be interested in your take on that section. This doesn't require them to render aid but, would this in theory give a Maine ranger the ability to "order" someone into service? Curiosity on my part.

Keith

 

[Jasper]

I think you read this correctly.

Without getting into a lot of legal research, this would appear to give the authorized agent of the commissioner (the ranger) the authority to order participation in a SAR by any person in ME.

 

[MadRiver]

At least they feed and pay you. I couldn't find anything in the NH statutes, but I will look specifically within the Fish & Game provision.

If the "Commissioner" can delegate his authority to a ranger, can he also delegate his authority to a trooper? That’s how this whole discussion got started.

 

[SAR-EMT40]

At least they feed and pay you. I couldn't find anything in the NH statutes, but I will look specifically within the Fish & Game provision.

If the "Commissioner" can delegate his authority to a ranger, can he also delegate his authority to a trooper? That’s how this whole discussion got started.

As I stated before I believe that Maine is unique in this. I remember hearing several years ago when this was used for the first time. It raised some eyebrows. I actually only remember hearing it being used once. It may have been invoked more than that but I only remember hearing about it once. I don't think that NH has a law like this or any of the other New England states for that matter. As far as the commissioners agent being a trooper, that is a very good question.

If you do find that NH has a similar law I would be keenly interested in knowing about it.

Keith

 

[michaelb]

I don't practice law in Maine, but it may depend on what "summon" means. Generally, I think of "summon" as a fairly formal legal process, usually subpoena or for a lawsuit, a "summons". It is unclear from this how someone is "summoned"; but it is probably more than just asked. If they meant the ability to "compel" anyone I would think they could have been clearer. It doesn't authorize arrest or any sanction against anyone who refuses the summons.

My guess is that in practice this relates to command lines of authority for local law enforcement and fire and rescue, border patrol, etc, since sometimes there can be issues with who can do what, and this would let the commissioner "summon" anyone, including say a fire dept to assist (including even if outside their territory). That makes everyone "summoned" part of a "resue" operation (and maybe even at times paid for this by the State outside of their local budgets).

But that is just my guess.

 

[MadRiver]

I just rechecked the index to the Fish & Game statutes and there isn’t anything that addresses pressing one into service. There is very little mentioned with respect to search & rescue. I didn't even see anything that mentioned charging for rescues.

 

[NH_Mtn_Hiker]

It's my understanding NH Fish and Game cannot force the volunteer SAR teams into service, so I doubt they can press anyone else into a search.

 

[MadRiver]

I called my sister last night to give her a follow up on my original question about civil liberties vs. rendering aid. She was quite surprised that Maine had such a law. We discussed it a bit and once it became clear that grandma in the walker wouldn’t be pressed into service the law made more sense.

The example I cited was the following. You and a bunch of buddies are camping in Baxter Sate Park and are sitting around the campfire talking treason. A ranger drives up and informs you that a group of children are overdo on a hike and he asks all of you to help in the search. Undoubtedly your response would be to grab you gear and assist in anyway possible. However, suppose you are not inclined to help. The law simply gives the ranger a legal nudge in his favor. Also, any ranger worth his salt is going to know who in the area would be of help and who would be a hindrance. Grandma is not going to be called.

 

[MichaelJ]

sitting around the campfire talking treason. A ranger drives up and informs you that a group of children are overdo on a hike and he asks all of you to help in the search.

For many of the people on this site, the proper response would be "I'm sorry sir, I'm inebriated and would be a liability to the search."

 

[kwc]

For many of the people on this site, the proper response would be "I'm sorry sir, I'm inebriated and would be a liability to the search."

I hope that this was written "tongue in cheek" ... 'cause it's a pretty sad statement to make about "many of the people on this site".

 

[MichaelJ]

One drink after a long day of hiking can mean enough of a buzz to not be an asset to a search. I'm not implying alcoholics here.

EDIT: I certainly do, however, consider around 10-18 of us that I know would have one or two drinks around the campfire as "many".

 

[MadRiver]

I hope that this was written "tongue in cheek" ... 'cause it's a pretty sad statement to make about "many of the people on this site".

That entirely depends on what time the ranger shows up. If it is midnight, then he is spot on.

 

[Charlie and Beth]

What the definition of summon is

I don't practice law in Maine, but it may depend on what "summon" means.

My guess is that in practice this relates to command lines of authority for local law enforcement and fire and rescue, border patrol, etc, since sometimes there can be issues with who can do what, and this would let the commissioner "summon" anyone, including say a fire dept to assist (including even if outside their territory). That makes everyone "summoned" part of a "resue" operation (and maybe even at times paid for this by the State outside of their local budgets).


I think Michael is right, I couldn't find a definition in the Maine conservation statutes for the word "summon" in this context. I think the statute is probably used to establish a chain of command with other government entities that may be called in to assist with the rescue.