ATV & SNOWMOBILE - Maine.gov

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S       U       M       M        A       R Y                  O       F

                     M A I N E
                     AT V & S N O W M O B I L E

                    L AWS
                                                                    2019-2020

Maine Department of Inland Fisheries & Wildlife | Information contained within this publication is subject to change after printing and is not valid after
November 2020. For the most up to date information, please visit our website at mefishwildlife.com.
K N O W YO U R T R A I L M A R K E R S

Maine has an amazing network of trails making it possible
for ATV and snowmobile riders to explore thousands of
miles across the state. Access to these trails is made possible
thanks in part to many generous private landowners.

                  To ensure access to these trails remains open
                  for recreational use, please respect landowners and
                  stay on the marked trails!

                   Indicates trail is OPEN to ATV use.
                   These markers may also include additional
                   information about the trail.

                  Indicates trail is CLOSED to ATV use.

                   Indicates trail is OPEN to snowmobile use.
                   These markers may also include additional
                   information about the trail.

                   Indicates that trail is CLOSED to snowmobile use.

                   Indicates trail is CLOSED to motorcycles.

Note: Interconnected Trail System (ITS) trails are not always open to ATV use.
ITS trails that are open to ATV use will be posted with ATV trail markers.
S U M M A R Y                          O F          AT V              &       S N O W M O B I L E            L AW S

TA B L E O F C O N T E N T S

ATV & SNOWMOBILE SAFETY.............................. 2
Recreational Safety Division.......................................................... 2
Ice Thickness.................................................................................... 3
                                                                                                                ATVs in Maine
What We Do When No One is Watching....................................... 4                                                        Page 7
Operating Under the Influence...................................................... 4
LAWS & RULES: LIABILITY................................... 5
LAWS & RULES: ACCIDENT INFORMATION......... 7
Accidents Involving Personal Injury or Death............................... 7
Accident Reports............................................................................. 7
ATVS IN MAINE.. .................................................... 7
ATV Registration Fees & Age Requirements................................. 7
Definitions....................................................................................... 7
LAWS & RULES: ALL-TERRAIN
VEHICLE (ATV)...................................................... 8
LAWS & RULES: SUMMARY
OF PENALTIES FOR ATV..................................... 14
                                                                                                       Snowmobiling
SNOWMOBILING IN MAINE................................ 15                                               in Maine
Snowmobile Trail Fund Donation Sticker Program.................... 15
Tri-State Snowmobile Weekend................................................... 15
                                                                                                       Page 15
Snowmobile Registration Fees & Age Requirements.................. 15
LAWS & RULES: SNOWMOBILE.......................... 16
LAWS & RULES: SUMMARY OF PENALTIES
FOR SNOWMOBILE.............................................23
Canadian Border Crossing............................................................ 24
MDIFW CONTACTS..............................................25

     Please Note
     Information contained within this publication is subject to change
     after printing. For the most up to date information please visit our                              ATV & Snowmobile
     website at mefishwildlife.com.
     The language contained within this book is a summary.
                                                                                                       Trail Maps
     For full language please refer to title 12 and MDIFW rules, which                                 For up-to-date ATV trail maps, visit
     can be located here:
                                                                                                       www.parksandlands.com.
        Title 12
        mainelegislature.org/legis/statutes/12/title12.pdf                                             For up-to-date Snowmobile trail maps,
        MDIFW Rules                                                                                    visit www.mesnow.com/Map.html.
        maine.gov/sos/cec/rules/09/chaps09.htm
2   ATV & SNOWMOBILE SAFETY

    ATV & Snowmobile Safety
    Taking a ride on an ATV, UTV or snowmobile is a great way to be active                         When it comes to snowmobiling, the
    and enjoy the beautiful Maine outdoors. Following safety precautions,                          safest rule is to never cross lakes or rivers,
                                                                                                   since doing so puts you at risk of plunging
    rules and common sense are necessary ways to ensure your ride on one                           through the ice. If you decide to snow-
    of these machines is as safe as it is fun.                                                     mobile on ice, make sure the ice is safely
                                                                                                   frozen and only trust your own judgment.
    ATVs and UTVs are intended for off-road        Remember that riders under 16 years of          Drowning is a leading cause of snowmobile
    use and may be difficult to control on pave-   age should be supervised by an adult. In        fatalities so buying a buoyant snowmobile
    ment and other surfaces. Different ATV         addition, follow the ATV Model Size/Mini-       suit could be a life-saving decision. If you
    models handle differently so it’s important    mum Age information listed below. Do not        do go through the ice, your helmet and
    to familiarize yourself with each machine      ride an ATV that is not recommended for         snowmobile suit, even if it’s non-buoyant,
    you ride by reading the owner’s manual         your age group.                                 may keep you afloat for several minutes.
    and following the safety, maintenance and                                                      Try sliding back onto the ice, using
    operational guidelines.                                                                        anything sharp to dig in for pull. Kicking
    Because ATVs can cause serious injuries if       ATV MODEL SIZE          MINIMUM AGE           your feet like a seal can help propel you
    used improperly, riders should also know                                                       onto the ice.
    their own abilities and limitations and             Under 70cc         6 years and older       If the ice keeps breaking, continue moving
    never overdrive their machine just to keep                                                     toward the shore or the direction from
    up with others or impress someone.                                                             which you came. Don’t remove your gloves
                                                         70 – 90cc         12 years and older
    If you have a youngster who is about to ride                                                   or mitts. Once on the ice, you should roll
    an ATV, there are special considerations                                                       away from the hole, making sure not to
    that you should keep in mind. Although a            Over 90cc          16 years and older      stand up until you are well away from it.
    child may be the recommended age to ride
    a particular size ATV, not all youngsters
    have the strength, skills, or judgment need-   Be Cautious…ATVs are not toys. Serious             RECREATIONAL SAFETY DIVISION
    ed to operate an ATV. You should supervise     injury can result from improper use of
    your youngster’s operation of the ATV at       ATVs, but with preparation and practice,           Do you need to take a safety
    all times, and should permit continued use     you can safely develop and expand your             course to operate an ATV?
    only if you determine that your youngster      riding skills. Riding ATVs can be an
    has the ability and judgment to operate the                                                       Maine law requires a person 10 years
                                                   enjoyable form of outdoor recreation when
    ATV safely. You should also read Parents,                                                         of age or older but under 16 years of
                                                   done properly.
    Youngsters and ATVs, available from ASI.                                                          age to successfully complete a training
                                                   In addition to the information provided            program, with that person’s parent or
    For more information about ATV Safety,         in this booklet, it is important to carefully      guardian prior to operating on land
    call the Consumer Product Safety Commis-       read and follow the instructions and               other than that owned or leased by
    sion at 1-800-638-2772 or the ATV Distrib-     warnings contained in the ATV owner’s              their parent or guardian or on which
    utors’ Safety Hotline at 1-800-852-5344.       manual and labels. ATVs handle differently         they live. These courses are made
                                                   from other vehicles, such as motorcycles           available in your area by volunteer
                                                   and cars. Proper instruction and practice          instructors certified by the Maine
                                                   are important.                                     Department of Inland Fisheries and
                                                                                                      Wildlife. Pre-registration is requested
    DON’T FORGET                                   Having a pre-ride safety checklist is a good
                                                   idea for all riders and includes checking the      and/or required. Courses will include
                                                                                                      6 hours of instruction. Sponsors
    TO SUPPORT                                     mechanical condition of the machine and
                                                   making sure you have spare parts, survival         include school districts, sports clubs,
                                                                                                      civic groups, and others. Courses will
    YOUR LOCAL                                     items and personal items needed for safety
                                                   and comfort.                                       be scheduled based on instructor
                                                                                                      availability.
    SNOWMOBILE                                     Riders should also leave a trip plan with
                                                                                                      8 Federal Street
                                                   someone else that lists their destination,
    AND ATV CLUBS!                                 travel times, contact information and
                                                   anything else that could aid in finding a
                                                                                                      Augusta, Maine 04330
                                                                                                      (207) 287-5220
                                                   rider who gets lost or injured.                    Mailing Address:
                                                                                                      41 State House Station,
                                                                                                      Augusta, ME 04333-0041

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ATV & SNOWMOBILE SAFETY                        3

ICE THICKNESS
In the wintertime, outdoor enthusiasts            ICE THICKNESS               PERMISSIBLE LOAD ON CLEAR, BLUE LAKE ICE
frequently need to know how thick the ice            in inches             reduce strength values for other types of ice
is and whether it is safe to walk across it.
The American Pulpwood Association has                    2"                                 One person on foot
published a handy reference chart that
gives a good rule-of-thumb for pond and
                                                         3"                         Group of people (walking single file)
lake ice thickness.
This table is for clear, blue ice on lakes.             7½"                             Passenger Car (2 ton gross)
Reduce the strength values by 15% for clear
blue river ice. Slush ice is only one-half the
                                                         8"                             Light Truck (2½ ton gross)
strength of blue ice. This table does not
apply for parked loads.
                                                        10"                            Medium Truck (3½ ton gross)
Snowmobile operators should also always
know the area they ride in, ride at safe                12"                            Heavy Truck (7–8 ton gross)
speeds, signal their riding intentions,
watch for other snowmobilers and never
operate under the influence of drugs or                 15"                             Heavy Truck (10 ton gross)
alcohol.
                                                        20"                                       25 tons
Always remember: ATVs, UTVs and
snowmobiles are not toys, so taking
these precautions can mean the difference               25"                                       45 tons
between an enjoyable time and a
dangerous one.                                          30"                                       70 tons

                                                        36"                                      110 tons

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4   ATV & SNOWMOBILE SAFETY

    WHAT WE DO WHEN NO ONE IS WATCHING
    Roughly 94% of Maine’s forest land is             Respecting the property rights of
    privately owned, and more than half of that       landowners will lead to positive and
    land area is open to the public. In total,        cooperative relationships—and a positive,
    landowners voluntarily open up more than          productive experience. It’s not only a
    10 million acres of working farms and             courtesy — it’s the right thing to do.
    forests.
                                                      For more information call the Landowner
    This access is an incredible gift, and in order   Relations Coordinators, Rick LaFlamme or
    to preserve it, everyone who ventures out-        Dave Chabot, at (207) 287-5240 or visit
    doors needs to understand the contribution        mefishwildlife.com. ■
    that landowners make.
    The private land you use for recreation be-
    longs to someone else. Access is a privilege,
    not a right.
    The Maine Department of Inland Fisheries
    and Wildlife encourages all land users to
    voluntarily seek permission whenever
    possible. In turn, the Outdoor Partners
    landowner relations program would ask all
    landowners to consider using the courtesy
    card system.

       OPERATING UNDER THE INFLUENCE

       Prohibition. Prohibitions against operat-   subsection 1-A within the previous 6-year        level or drug concentration, requested
       ing under the influence are as follows:     period, the fine may not be less than $400.      by a law enforcement officer on the
       A person may not operate or attempt to      If that person was adjudicated within            occasion that resulted in the conviction.
       operate a recreational vehicle:             the previous 6-year period for failure         Administering chemical tests; test
       • While under the influence of intoxicat-   to comply with the duty to submit to           results; evidence; reporting; immu-
         ing liquor or drugs or a combination of   and complete a blood-alcohol test under        nity blood or breath test. If the law
         liquor and drugs;                         section 10702, subsection 1, the fine may      enforcement officer has probable cause
       • If 21 years of age or older, while having not be less than $500. A conviction under      to believe a person hunted wild animals
         0.08% or more by weight of alcohol in     this paragraph must include a period of        or wild birds or operated or attempted to
         that person’s blood; or                   incarceration of not less than 48 hours,       operate a watercraft, snowmobile, or ATV
       • If less than 21 years of age, while havingnone of which may be suspended, when           while under the influence of intoxicating
         any amount of alcohol in the blood.       the person:                                    liquor, then the officer shall inform the
       Penalties. A person who violates this       • Was tested as having a blood-alcohol         person that a breath test will be adminis-
                                                     level of 0.15% or more;                      tered, unless, in the determination of the
       section commits a Class D crime. In
       determining an appropriate sentence, re- • Failed or refused to stop upon request          officer, it is unreasonable for a breath test
                                                     or signal of an officer in uniform,          to be administered, in which case a blood
       fusal to submit to a chemical test must in
                                                     pursuant to section 6953 or 10651,           test must be administered.
       every case be an aggravating factor. In the
                                                     during the operation that resulted in        The law enforcement officer may
       following cases the following minimum         prosecution for operating under the
       penalties apply.                                                                           determine which type of breath test, as
                                                     influence or with a blood-alcohol level      described in subsection 5 will be adminis-
       A. In the case of a person having no          of 0.08% or more; or
                                                                                                  tered. For more detailed information see
       previous convictions of a violation of      • Failed to submit to a chemical test to       Title 12, chapter 911, subsection 10703.
                                                     determine that person’s blood-alcohol

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LAWS & RULES: LIABILITY 5

LAWS & R U LE S
Liability                                        2. Limited Duty. An owner, lessee, manag-
                                                    er, holder of an easement or occupant of
                                                                                                    C. For an injury caused, by acts of per-
                                                                                                       sons to whom permission to pursue
                                                    premises does not have a duty of care to           any recreational or harvesting activi-
Title 12 MRSA, §10001                               keep the premises safe for entry or use            ties was granted, to other persons to
                                                    by others for recreational or harvest-             whom the person granting permis-
Definitions                                         ing activities or to give warning of any           sion, or the owner, lessee, manager,
“Guide” means a person who receives any             hazardous condition, use, structure or             holder of an easement or occupant of
form of remuneration for that person’s              activity on these premises to persons              the premises, owed a duty to keep the
services in accompanying or assisting a             entering for those purposes. This sub-             premises safe or to warn of danger.
person in the fields or forests or on waters        section applies regardless of whether        5. No duty created. Nothing in this section
                                                    the owner, lessee, manager, holder of an        creates a duty of care or ground of liabili-
or ice within the jurisdiction of the State
                                                    easement or occupant has given permis-          ty for injury to a person or property.
while hunting, fishing, trapping, boating,
                                                    sion to another to pursue recreational or
snowmobiling, using an all-terrain vehicle          harvesting activities on the premises.       6. Costs and fees. The court shall award
or camping at a primitive camping area.                                                             any direct legal costs, including reason-
                                                 3. Permissive Use. An owner, lessee man-           able attorney’s fees, to an owner, lessee,
Title 14 MRSA, §159-A                               ager, holder of an easement or occupant         manager, holder of an easement or oc-
                                                    who gives permission to another to pur-         cupant who is found not to be liable for
Limited liability for recreational                  sue recreational or harvesting activities       injury to a person or property pursuant
of harvesting activities                            on the premises shall not thereby:              to this section.
1. Definitions.                                     A. Extend any assurance that the premis-
   A. “Premises” shall mean improved and               es are safe for those purposes;           Title 14 MRSA, §7551-B
      unimproved lands, private ways,               B. Make the person to whom permission        Trespass damages
      roads, any buildings or structures on            is granted an invitee or licensee to
                                                                                                 Any person who intentionally enters the
      those lands and waters standing on,              whom a duty of care is owed; or
                                                                                                 land of another without permission and
      flowing through or adjacent to those          C. Assume responsibility or incur liabili-
      lands. “Premises” includes railroad                                                        causes damage to property is liable to the
                                                       ty for any injury to person or property   owner in a civil action if the person: dam-
      property, railroad rights-of-way and             caused by any act of persons to whom
      utility corridors to which public access                                                   ages or throws down any fence, bar or gate;
                                                       the permission is granted even if that
      is permitted.                                    injury occurs on property of another      leaves a gate open; breaks glass; damages
   B. “Recreational or harvesting activities”          person.                                   any road, drainage ditch, culvert, bridge,
      means recreational activities conduct-                                                     sign or paint marking; or does other dam-
                                                 4. Limitations on section. This section
      ed out-of-doors, including, but not                                                        age to any structure on property not that
                                                    shall not limit the liability which would
      limited to, hunting, fishing, trapping,       otherwise exist:                             person’s own or throws, drops, deposits,
      camping, environmental education                                                           discards, dumps or otherwise disposes of
                                                    A. For a willful or malicious failure to
      and research, hiking, rock climbing,                                                       litter, as defined in Title 17, section 2263,
                                                       guard or to warn against a dangerous
      ice climbing, bouldering, rappelling,                                                      subsection 2, in any manner or amount, on
                                                       condition, use, structure or activity;
      recreational caving, sight-seeing,                                                         property that is not that person’s own.
      operating snow-traveling and all-ter-         B. For an injury suffered in any case
                                                       where permission to pursue any rec-       If the damage is intentional the person
      rain vehicles, skiing, hang-gliding,
      noncommercial aviation activities,               reational or harvesting activities was    doing the damage is liable to the owner for
      dog sledding, equine activities, boat-           granted for a consideration other than    2 times the actual damage plus additional
      ing, sailing, canoeing, rafting, biking,         the consideration, if any, paid to the    costs which includes the attorney fees of
      picnicking, swimming or activities               following:                                the landowner, costs and the value of the
      involving the harvesting or gathering            (1) The landowner or the landowner’s      owner’s time spent on involvement in an
      of forest, field or marine products.                 agent by the State; or                enforcement proceeding; if the damage
      It includes entry of, volunteer main-            (2) The landowner or the landowner’s      is not caused intentionally, the person is
      tenance and improvement of, use of                   agent for use of the premises on      liable to the owner for the actual damages
      and passage over premises in order to                which the injury was suffered, as     plus the costs described above.
      pursue these activities. “Recreational               long as the premises are not used
      or harvesting activities” does not                                                         For damage to property under this section
                                                           primarily for commercial recre-       the owner’s damages may be measured
      include commercial agricultural or                   ational purposes and as long as
      timber harvesting.                                                                         either by the replacement value of the dam-
                                                           the user has not been granted the     aged property or by the cost of repairing
   C. “Occupant” includes, but is not                      exclusive right to make use of the
      limited to, an individual, corporation,                                                    the damaged property. For damages for
                                                           premises for recreational activi-
      partnership, association or other legal              ties; or                              disposing of litter, the owner’s damages
      entity that constructs or maintains                                                        include the direct costs associated with
      trails or other improvements for                                                           properly disposing of the litter, including
      public recreational use.                                                                   obtaining permits, and the costs associated
                                                                                                 with any site remediation work undertaken
                                                                                                 as a result of the litter.

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6   LAWS & RULES: LIABILITY

    Title 14 MRSA, §7552                          Title 17-A MRSA, §402                           • In addition, landowners may also, either
                                                                                                    verbally or in writing, personally commu-
    Injury to land, forest products               Criminal trespass                                 nicate to others that access is prohibited.
    or agricultural products                      Property is posted if it is marked with signs    Remember, it is unlawful to remove,
    If you are not the property owner, you        or paint in one of the following ways and in     mutilate, deface or destroy a sign or paint
    must have landowner permission to cut         a manner that is reasonably likely to come       mark that is placed in order to prohibit or
    down, damage, destroy or carry away any       to the attention of an intruder:                 restrict access; and it is unlawful to post
    forest product, ornamental or fruit tree,     • Signs must indicate that access is pro-        the land of another without permission
    agricultural products, stones, gravel, ore,     hibited, that access is prohibited without     of the landowner.
    goods or property of any kind.                  permission of the landowner or landown-
                                                    er’s agent, or that access for a particular    The owner of a recreational vehicle,
                                                                                                   the person who gives or furnishes that
    Title 17 MRSA, §2510                            activity is prohibited.
                                                                                                   recreational vehicle to a person under 18
                                                  • One vertical “OSHA Safety Purple” stripe
    Unlawful cutting of trees                       at least one inch in width and at least 8      years of age and the parent or guardian
    It is unlawful for any person to cut down       inches in length means “Access by Per-         responsible for the care of that minor are
    or fell any tree without the consent of the     mission Only” when it is placed on trees,      jointly and severally liable with the minor
    owner of the property on which the tree         posts or stones between three and five         for any damages caused in the operation
    stands. Department of Transportation,           feet off the ground.                           of the recreational vehicle by that minor.
    Public Utilities and municipal employees       These signs or paint stripes must mark          These portions of the revised statutes
    are exempt when working official capacity.     the property at distances no more than          are summarized. For full text refer to
                                                   100 feet apart at locations that are            the Maine Revised Statutes. ■
                                                   readily visible to any person approaching
                                                   the property, and at all vehicular access
                                                   entries from a public road.

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LAWS & RULES: ACCIDENT INFORMATION 7

LAWS & R U LE S
Accident Information
ACCIDENTS INVOLVING PERSONAL                              involved in an accident shall provide       ACCIDENT REPORTS
                                                          to an injured person or the operator or
INJURY OR DEATH                                           an occupant of any other recreational
                                                                                                      1. Report requirements. A person shall
1. Law enforcement officer notification.                                                                 give notice of a recreational vehicle
                                                          vehicle involved in the accident:
   The operator of a recreational vehicle                                                                accident within 72 hours to the commis-
                                                          A. The operator’s name and address; and        sioner on forms provided by the commis-
   involved in an accident that results in
   personal injury or death of a person shall             B. The registration number of the opera-       sioner if the person is:
   immediately report the accident, by the                   tor’s recreational vehicle.                 A. The operator of a recreational vehicle
   quickest means of communication, to                 3. Render assistance. The operator of a              involved in an accident that does
   the available law enforcement officer                  recreational vehicle involved in an acci-         not result in injuries requiring the
   nearest to the place where the accident                dent shall render reasonable assistance           services of a physician or in the death
   occurred.                                              to an injured person.                             of a person but involves property
   The owner of a recreational vehicle who                                                                  damage estimated to cost $1,000 or
                                                       4. Penalties. A person who violates this
   knows that the recreational vehicle was                                                                  more;
                                                          section commits a Class E crime.
   involved in an accident as described in                                                               B. A person acting for the operator of
                                                       5. Aggravated punishment category. Not-
   this subsection shall report the accident                                                                a recreational vehicle described in
                                                          withstanding subsection 4, a person who
   as provided in this subsection if the                                                                    paragraph A; or
                                                          intentionally, knowingly, or recklessly
   operator of the recreational vehicle is                                                               C. The owner of a recreational vehicle
                                                          fails to comply with this section when
   unknown.                                                                                                 described in paragraph A having
                                                          the accident resulted in serious bodily
2. Provide information to injured party.                  injury, as defined in Title 17-A, section         knowledge of the accident, if the
   The operator or a person acting on behalf              2, subsection 23, or death, commits a             operator of the recreational vehicle
   of the operator of a recreational vehicle              Class C crime.                                    is unknown. ■

                                                                                                                         ATVS IN MAINE

ATVs in Maine
  ALL-TERRAIN VEHICLES (ATV) REGISTRATION FEES & AGE REQUIREMENTS                                       DEFINITIONS

  RESIDENTS                                                 NONRESIDENTS                                RESIDENT means a citizen of the
                                                                                                        United States or a person who is
  $33*                                                     Season: $68*                                 not a citizen of the United States
  Prior to registration, sales or use taxes are due.                                                    who has been domiciled in the
                                                           7-Day: $53*
                                                                                                        State for one year who:
  AGE REQUIREMENTS**                                                                                    • if registered to vote, is registered
                                                                                                          in Maine.
  A person under 10 years of age may not operate an ATV.                                                • if licensed to drive a motor
                                                                                                          vehicle, has applied for or pos-
  A person 10 years of age or older but under 16 years of age may not operate an ATV                      sesses a Maine driver’s license.
  unless that person has successfully completed a training course approved by the                       • Has registered in Maine any motor
  department and is accompanied by an adult.                                                              vehicles they own that are located
                                                                                                          within the state.
  A person under 16 years of age may not cross a public way maintained for travel unless
  the crossing is in accordance with section 13157-A, subsection 6, paragraph A (page                   • is in compliance with Maine
  11) and the person satisfies the requirements of 13154-A, subsection 3 (page 9).                        income tax laws.

  The season registration for an ATV is valid for one year, commencing on July 1st of each year.        NON-RESIDENT means a person
  *Plus agent fee.                                                                                      who does not fall within the
                                                                                                        definition of a resident.
  **This does not apply to the operation of an ATV on a) Land on which the operator is domi-
     ciled; b) Land owned or leased by the operator’s parent or guardian; or c) A safety training
     site approved by the department.

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8   LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV)

    LAWS & R U LE S
    All-Terrain Vehicle (ATV)
    FREE ATV WEEKEND: AUGUST 14-16, 2020           and including wetlands, as shown on the        §13002 – Collection by
    During Free ATV weekend a nonresident          Freshwater Wetlands Map Series, Division       Commissioner
    may operate in Maine on an ATV that is         of Geology, Natural Areas and Coastal
                                                                                                  The commissioner or agents of the commis-
    not registered in Maine if the nonresident’s   Resources, Maine Geological Survey, or
                                                                                                  sioner shall act on behalf of the State Tax
    ATV has a valid registration from another      zoned as a Wetland Protection Subdistrict,
                                                                                                  Assessor to collect the use tax due under
    state or a Canadian province.                  P-WL, by the Maine Land Use Planning
                                                                                                  Title 36, chapters 211 to 225 in respect to
                                                   Commission.
                                                                                                  any ATV for which an original registration
    Title 12, Chapter 933                          Operate. “To operate,” in all its moods and    is required under this Title at the time and
    §13001 – Definitions                           tenses, when it refers to an ATV, means        place of registration of that ATV.
    As used in this subpart, unless the context    to use an ATV in any manner within the
                                                                                                  All taxes collected pursuant to this section
    otherwise indicates, the following terms       jurisdiction of the State, whether or not
                                                                                                  must be transmitted forthwith to the
    have the following meanings.                   the vehicle is moving.
                                                                                                  Treasurer of State and credited to the
    Accompanied by adult. “Accompanied by          Operator. “Operator” means the person          General Fund as undedicated revenue.
    an adult” means, with respect to operation     who is in control or in charge of an ATV       The Legislature shall appropriate to the
    of an ATV, within visual and voice contact     while it is in use.                            department in each fiscal year an amount
    and under the effective control of a child’s   Owner. “Owner” means: For the purposes         equal to the administrative costs incurred
    parent or guardian or another person 21        of registration of an ATV, a person holding    by the department in collecting revenue
    years of age or older.                         title to an ATV.                               under this section. Those administrative
                                                                                                  costs must be verified by the Department
    All-terrain vehicle or ATV. “All-terrain       Private Way. As defined by Title 23,           of Administrative and Financial Services.
    vehicle” or “ATV” means a motor- driven,       section 1903-10-A, “Private Way” means a
    off-road, recreational vehicle that was        private road, driveway, or public easement.    For purposes of this section, “original
    originally designed by the manufacturer        “Public easement” means an easement held       registration” means any registration other
    for and is capable of cross-country travel.    by a municipality for purposes of public       than a renewal of registration by the same
    “All-terrain vehicle” or “ATV” includes, but   access to land or water not otherwise          owner.
    is not limited to, a multitrack, multiwheel    connected to a public way, and includes all
    or low-pressure tire vehicle; a motorcycle     rights enjoyed by the public with respect to
                                                                                                  §13003 – Payment of sales or use
    or related 2-wheel, 3-wheel or belt-driven     private ways dedicated to the public.          tax prerequisite to registration
    vehicle; an amphibious machine; or other                                                      2. Registration of ATV. Prior to registering
                                                   Protective headgear. “Protective head-
    means of transportation deriving motive                                                          an ATV, an agent of the commissioner
                                                   gear” means a helmet that conforms with           shall collect sales or use tax due. Sales or
    power from a source other than muscle
                                                   minimum standards of construction and             use tax is due unless:
    or wind. For purposes of this subpart,
                                                   performance as prescribed by the American
    “all-terrain vehicle” or “ATV” does not                                                          A. Repealed
                                                   National Standards Institute specification
    include a motor vehicle as defined in Title                                                      B. The registration is a renewal registra-
                                                   Z90.1 or by the Federal Motor Vehicle
    29-A, section 101, subsection 42.                                                                   tion by the same owner;
                                                   Safety Standard No. 218.
    Alpine tundra. “Alpine tundra” means high                                                        C. The applicant possesses a dealer’s
                                                   Public Way. As defined by Title 23, section          certificate showing that the sales tax
    elevation, treeless areas beyond the timber-
                                                   1903-11, “Public Way” means any road                 was collected by the dealer. The State
    line that are dominated by low herbaceous
                                                   capable of carrying motor vehicles, includ-          Tax Assessor shall prescribe the form
    or shrubby vegetation and, specifically,
                                                   ing, but not limited to, any state highway,          of a dealer’s certificate.
    areas that are designated as alpine tundra
                                                   municipal road, county road, unincorporat-
    by the Department of Agriculture, Con-
                                                   ed territory road, or other road dedicated
    servation and Forestry by rule pursuant to
                                                   to the public.
    Title 5, chapter 375, subchapter 2.
    Dwelling. “Dwelling” means any building
    used as a permanent residence or place of
    domicile.
    Freshwater marshes and bogs. “Fresh-
    water marshes and bogs” means naturally
    occurring open areas with saturated soils
    or peat, often associated with standing
    water and dominated by low herbaceous
    vegetation, grasses, weeds and shrubs

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LAWS & RULES: ALL-TERRAIN VEHICLE (ATV)                                      9

  D. The ATV is otherwise exempt from           Exception: An ATV with tracks, registered
     sales or use tax under Title 36, section   as a snowmobile, may be operated on
     1760.                                      snowmobile trails.
§13004 – Collection by State                    Title 12, Chapter 939
Tax Assessor
                                                §13152 – License and training
This section and sections 13002, 13003
                                                1. License. An operator’s license is not
and 13005 must be construed as cumula-             required for the operation of an ATV,
tive of other methods prescribed in Title          except as required by Title 29-A.
36 for the collection of the sales or use
                                                2. Training. A person 10 years of age
tax. These sections do not preclude the
                                                   or older but under 16 years of age
State Tax Assessor’s collecting the tax            must successfully complete a training
due in respect to any watercraft, ATV or           program, with that person’s parent or
snowmobile in accordance with such other           guardian approved by the department
methods as are prescribed in Title 36 for          prior to operating an ATV except on:
the collection of the sales or use tax.            A. Land on which that person is domi-
                                                      ciled;
§13005 – Certificates to be for-
                                                   B. Land owned or leased by that person’s
warded to State Tax Assessor                          parent or guardian; or
An agent of the commissioner shall
                                                   C. A safety training site approved by the
promptly forward all certificates submitted
                                                      department.
in accordance with section 13003 to the
commissioner. The commissioner shall            A person under 16 years of age must attend
transmit all such certificates to the State     the training program with that person’s
Tax Assessor.                                   parent or guardian. The training program
                                                must include instruction on the safe opera-       has successfully completed a training
§13006 – Impoundment of ATVs                    tion of ATV’s the laws pertaining to ATVs,        course approved by the department
                                                                                                  pursuant to section 13152 and is ac-
When a law enforcement officer issues a         the effect of ATV’s on the environment
                                                                                                  companied by an adult. Proof of having
summons for a violation under chapter           and ways to minimize that effect, courtesy
                                                                                                  completed a training course must be
939, the officer may impound the ATV            to landowners and other recreationists            presented for inspection upon request of
operated by the person who receives             and landowners and other materials as             a law enforcement officer.
the summons if, in the judgment of the          determined by the department.
                                                                                               4. Person under 16 years of age crossing
officer, based on actual previous offenses                                                        public way. A person under 16 years of
by the operator or other considerations,
                                                §13153 – Rule violations; ATVs
                                                                                                  age may not cross a public way main-
the operator will continue to operate the       The following penalties apply to violations       tained for travel unless the crossing is
ATV in violation of chapter 939 and that        of rules regulating ATVs.                         in accordance with section 13157-A,
operation may be a hazard to the safety of      1. Civil. Notwithstanding section 10650,          subsection 6, paragraph A and the
persons or property.                               a person who violates a rule regulating        person satisfies the requirements of
                                                   ATVs commits a civil violation for which       subsection 3.
The operator or owner of an ATV impound-
                                                   a fine of not less than $100 nor more       5. Permitting an unaccompanied person
ed under this section may reclaim the              than $500 may be adjudged.
ATV at any time subsequent to 24 hours                                                            under 16 years of age to operate an
after the issuance of the summons upon          2. Criminal. A person who violates a rule         ATV. Except as provided in subsection 6,
                                                   regulating ATVs after having been adju-        a person may not permit an unaccompa-
payment of the costs of impoundment
                                                   dicated as having committed 3 or more          nied person 10 years of age or older but
to the enforcement agency impounding               civil violations under this Part within        under 16 years of age to operate an ATV.
the ATV.                                           the previous 5-year period commits a        6. Exceptions for certain property. This
                                                   Class E crime.
§13107 – Unlawfully operating                                                                     section does not apply to the operation
vehicle on snowmobile trail                     §13154-A – Age restrictions                       of an ATV on:
A person may not operate any 4-wheel            1. Minimum age. Except as provided in             A. The land on which the operator
drive vehicle, dune buggy, all-terrain             subsection 5, a person under 10 years of          is domiciled;
vehicle, motorcycle, or any other motor            age may not operate an ATV.                    B. Land owned or leased by the
vehicle, other than a snowmobile and            2. Permitting child under 10 years of age            operator’s parent or guardian; or
appurtenant equipment, on snowmobile               to operate ATV. Except as provided in          C. A safety training site approved by
trails that are financed in whole or in part       subsection 6, a person may not permit a           the department.
with funds from the Snowmobile Trail               child under 10 years of age to operate an
Fund, unless that use has been authorized          ATV.                                        §13155 – Registration
by the landowner or the landowner’s agent,      3. Unlawfully operating ATV by person          1-A. Operating unregistered ATV. Except
or unless the use is necessitated by an            ages 10 to under 16. Except as provided          as provided in paragraph A, a person
emergency involving safety or persons or           in subsection 6, a person 10 years of age        may not operate an ATV that is not
property.                                          or older but under 16 years of age may           registered in accordance with subsec-
                                                   not operate an ATV unless that person            tion 3.

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10 LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV)

      A. The following exceptions apply.                       a non-resident may operate                of the registration year for which the
         (1) Registration is not required for                  an ATV that is not registered             previous all-terrain vehicle had been
             an ATV operated on land on                        in Maine, if the non-resident’s           registered.
             which the owner lives or on land                  ATV has a valid registration          C. When there is a change of ownership
             on which the owner is domi-                       from another state or a                   of an all-terrain vehicle for which
             ciled, as long as the ATV is not                  Canadian province.                        a registration has previously been
             operated elsewhere within the        2. Reciprocity. Reciprocity was repealed in            issued, the new owner shall apply for
             jurisdiction of the State.              2004 so there are no longer reciprocal              a new registration and shall pay the
         (2) Registration is not required for        privileges for ATV registrations. A Maine           applicable fee under subsection 5.
             an ATV operated by a commer-            ATV registration is required for nonres-      8-A. Registration inspection. An owner
             cial ski area for the purpose of        idents to operate an ATV in the State of           or operator of an ATV shall present
             packing snow or for rescue op-          Maine.                                             a registration certificate or an online
             erations on the commercial ski       3. Application and issuance. The commis-              registration receipt for inspection
             area, unless the ATV is required        sioner, or an agent designated by the              by any law enforcement officer on
             to cross a public way during that       commissioner, may register and assign              demand.
             operation.                              a registration number to an ATV upon          8-B. Notification of destroyed, aban-
         (3) An ATV owned and operated               application and payment of an annual               doned, stolen, or permanently
             in the State by the Federal             fee by the owner. The commissioner                 removed ATV. The registrant shall
             Government, the State or a              shall charge a fee of $1 in addition to the        notify the commissioner if an ATV
             political subdivision of the State      annual fee for each registration issued            is destroyed, abandoned, stolen, or
             is exempt from registration fees        by an employee of the department.                  permanently removed from the State.
             but must be registered and is           The registration number in the form
                                                     of stickers issued by the commissioner          9. Display of registration numbers.
             required to display registration                                                           Each new ATV sold in the State must
             numbers.                                must be clearly displayed on the front
                                                     and rear of the vehicle. A registration is         have a space 6 inches in width by 3½
         (4) An ATV registration for the             valid for one year commencing July 1st             inches in height provided on the front
             farm use specified in Title             of each year, except that any registration         and rear of the machine, as high above
             29-A, section 501, subsection           issued prior to July 1st but after May 1st         the tires as possible, for the vertical
             8, paragraph E is not required          is valid from the date of issuance until           display of the registration numbers.
             for a vehicle registered with the       June 30th of the following year.                   A person may not operate an ATV that
             Secretary of State under Title                                                             is required to be registered under this
             29-A, section 501, subsection 8.     4. Form of registration. An ATV regis-                section unless registration numbers
                                                     tration must be in such form as the                in the form of stickers are displayed in
         (5) An ATV registered in another            commissioner may determine.
             state or in a Canadian province                                                            these spaces or as otherwise required
             may be operated without being        5. Fees. See page 7                                   by the department. A person may op-
             registered pursuant to this sec-     6. Duplicate registration certificate.                erate an ATV registered online without
             tion at a special event organized       The holder of a registration certificate           displaying a registration number until
             to occur in this State if the           issued under this section may obtain a             that person receives the registration
             special event organizer submits         duplicate registration from the commis-            certificate from the department or
             a request in writing to the             sioner upon application and payment                for 30 days after registering the ATV
             commissioner 60 days prior to           of a duplicate fee of $1. If a sticker has         online, whichever occurs first.
             the special event and provides          been misplaced, a new sticker and a new        10. Training and education. The de-
             the commissioner with a map of          registration matching the new sticker              partment shall provide training and
             the trails to be used during the        number must be obtained at a fee of $1             education relating to ATVs.
             special event and the commis-           each. Agent fee also applies to all dupli-     11. Members of the U.S. Armed Forces
             sioner approves the request.            cates.                                             permanently stationed in the State
         (6) An ATV owned or under the            7. Transfer of ownership, discontinu-                 of Maine. The following persons are
             control of an ATV manufac-              ance of use. A transfer of ownership or            eligible to register any ATV owned by
             turer may be operated with-             discontinuance of use of an all-terrain            them at the resident fee:
             out a Maine registration at a           vehicle is subject to this subsection.              A. Any person serving in the Armed
             demonstration event organized           A. Whoever transfers the ownership or                  Forces of the United States who is
             to occur in this State if such             discontinues the use of a registered                permanently stationed at a military
             operation is approved by the               all-terrain vehicle shall, within 10                or naval post, station or base in the
             commissioner. An ATV man-                  days, properly sign the registration,               State; or
             ufacturer or a representative              indicate the disposition of the all-ter-
             of an ATV manufacturer must                                                                 B. The spouse and children of the
                                                        rain vehicle and return the registra-               person described in paragraph A,
             submit a request in writing to             tion to the commissioner.
             the commissioner at least 60                                                                   provided that the spouse and chil-
             days prior to the demonstra-            B. An all-terrain vehicle owner who                    dren permanently reside with that
             tion event and shall include a             transfers ownership or discontinues                 person.
             description and the location               its use may, within 10 days from the               A member of the armed forces
             of the event.                              date of transfer or discontinuance,
                                                                                                           described in paragraph A who
                                                        apply to the commissioner for regis-
         (7) The Commissioner may annually                                                                 desires to register an ATV shall
                                                        tration of another all-terrain vehicle.
             establish one 3-consecutive-day            The fee for the transfer is $4, and the            present certification from the
             period, 2 days of which are                registration is valid for the remainder            commander of the post, station
             weekend days, during which                                                                    or base, or from the commander’s
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LAWS & RULES: ALL-TERRAIN VEHICLE (ATV) 11

        designated agent, that the member                 a controlled access highway on          purpose of crossing, as directly as pos-
        is permanently stationed at that                  a trail segment approved by the         sible, a public way, bridge, overpass,
        post, station or base. Registration               Commissioner of Transportation          underpass, sidewalk or culvert as long
        fees for registrations pursuant to                or the board of directors of the        as that operation can be made safely
        this subsection must be allocated                 Maine Turnpike Authority, as            and does not interfere with traffic
        as if the person registering the ATV              applicable.                             approaching from either direction on
                                                At the request of the Commissioner of             the public way.
        was a resident of the municipality
        in which the post, station or base is   Agriculture, Conservation and Forestry,        B. Repealed.
        situated.                               the Commissioner of Transportation or the      C. An ATV may be operated on any por-
                                                board of directors of the Maine Turnpike          tion of a public way when the public
§13157-A – Operation of ATVs                    Authority, as applicable, may permit              way has been closed in accordance
1-A. Permission required. A person may          construction of an ATV trail within the           with Title 23, section 2953.
     not operate an ATV on the land of          right-of-way of a controlled access highway    D. An ATV may be operated on a public
     another without the permission of the      under the jurisdiction of the Department          way that is not maintained or used
     landowner or lessee. Permission is pre-    of Transportation or the Maine Turnpike           for the operation of conventional
     sumed on designated state approved         Authority being constructed on or after           motor vehicles, except that operation
     ATV trails or in areas open to ATVs by                                                       on the left side of the way is prohib-
                                                January 1, 2016 when there is an ability to
     landowner policy. A landowner may                                                            ited during the hours from sunset to
     limit the use of a designated state-ap-    provide for the continuity of a state-owned
                                                or state controlled network of ATV trails.        sunrise.
     proved ATV trail on that landowner’s
     property through agreements with           Funds for the construction of an ATV trail     E. An ATV may be operated on streets
     the State or an ATV club to address        under this paragraph may not be provided          and public ways during a period of
     environmental, public safety or man-       from the Highway Fund.                            emergency when the emergency has
     agement concerns. Written permission                                                         been so declared by a police agency
                                                4. Unlawfully operating ATV on snow-              having jurisdiction and when travel
     of the landowner or lessee is required        mobile trail. A person may not operate
     on cropland or pastureland or in an                                                          by conventional motor vehicles is not
                                                   any 4-wheel-drive vehicle, dune buggy,         practicable.
     orchard. As used in this subsection,          all-terrain vehicle, motorcycle or any
     “cropland” means acreage in tillage ro-                                                   F. An ATV may be operated on streets
                                                   other motor vehicle, other than a snow-
     tation, land being cropped and land in                                                       and public ways in special events of
                                                   mobile and appurtenant equipment, on
     bush fruits, and “pastureland” means                                                         limited duration conducted according
                                                   snowmobile trails that are financed in
     acreage devoted to the production of                                                         to a prearranged schedule under a
                                                   whole or in part with funds from the
     forage plants used for animal produc-                                                        permit from the governmental unit
                                                   Snowmobile Trail Fund, unless that use
     tion. Nothing in this subsection may                                                         having jurisdiction.
                                                   has been authorized by the landowner or
     be construed to limit or expand a land        the landowner’s agent, or unless the use    G. An ATV may be operated on a public
     owners property rights.                       is necessitated by an emergency involv-        way on the extreme right of the trav-
  2. Stop and identify requirement.                ing safety of persons or property.             eled way by a law enforcement officer
     Persons operating ATVs upon the                                                              for the sole purpose of traveling
                                                   Exception: ATV’s with tracks, registered
     land of another shall stop and identify                                                      between the place where the ATV is
                                                   as snowmobiles can be operated on a
     themselves upon the request of the                                                           usually stored and an area to be pa-
                                                   snowmobile trail.
     landowner or the landowner’s duly                                                            trolled by the law enforcement officer.
     authorized representative.                 5. Repealed
                                                                                               H. Notwithstanding paragraphs A to
  3. Operating ATV upon controlled              5-A. Operating a truck, pickup truck or           G, an ATV may be operated on the
     access highway. The following provi-          passenger vehicle on an ATV trail. A           extreme right of a public way, or as
     sions govern the operation of ATVs on         person may not operate a motor vehicle         directed by the appropriate govern-
     controlled access highways.                   as defined in Title 29-A, section 101,         mental unit within the public way,
                                                   subsection 42 on a designated ATV              of a municipality or an unorganized
     A. A person may not operate an ATV            trail that is not on a gravel road system
        upon a controlled access highway                                                          or unincorporated township if the
                                                   unless authorized by the landowner or          appropriate governmental unit has
        or within the right-of-way limits of       landowner’s agent, or in an emergen-
        a controlled access highway, except                                                       designated the public way as an
                                                   cy involving the safety of a person or         ATV-access route. An ATV must travel
        that:                                      property.                                      in the same direction as motor vehicle
        (1) A person on a properly regis-       6. Operating ATV on public way. Except            traffic on a public way designated as
            tered ATV may cross controlled         as provided in this subsection, a person       an ATV access route. A public way des-
            access highways by use of              may not operate an ATV, other than an          ignated by an appropriate governmen-
            bridges over or roads under            ATV registered with the Secretary of           tal unit as an ATV-access route must
            those highways or by use of            State under Title 29-A, on any portion of      be posted conspicuously at regular
            roads crossing controlled access       a public way maintained or used for the        intervals by that governmental unit
            highways at grade;                     operation of conventional motor vehicles       with highly visible signs designating
        (2) The Commissioner of Transpor-          or on the sidewalks of any public way.         the ATV-access route.
            tation may issue special permits       A. A properly registered ATV may be
            for designated crossings of               operated on a public way only the
            controlled access highways.               distance necessary, but in no case
        (3) A person on a properly regis-             to exceed 500 yards, on the extreme
            tered ATV may operate the ATV             right of the traveled way for the
            within the right-of-way limits of

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12 LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV)

  Before designating a public way as              13. Operating ATV without protective                         of a railroad within the limits of
  an ATV-access route, the appropriate                headgear. Notwithstanding Title 29-A,                    the railroad right-of-way without
  governmental unit shall make appropriate            section 2083, a person under 18 years                    written permission from the rail-
  determinations that ATV travel on the               of age may not operate an ATV without                    road owning the right-of- way; or
  extreme right of the public way, or as              protective headgear.                                 (2) Operate an ATV across the tracks
  directed by the appropriate governmen-          14. Carrying passenger on ATV without                        of a railroad after having been
  tal unit within the public way may be               headgear. Notwithstanding Title 29-A,                    forbidden to do so by the railroad
  conducted safely and will not interfere             section 2083, a person may not carry a                   owning the railroad right-of- way
  with vehicular traffic on the public way. For       passenger under 18 years of age on an                    or by an agent of that railroad,
  purposes of this paragraph, “appropriate            ATV unless the passenger is wearing                      either personally or by appropri-
                                                      protective headgear.                                     ate notices posted conspicuously
  governmental unit” means the Department
                                                  15. Repealed                                                 along the railroad right-of-way.
  of Transportation, county commissioners
  or municipal officers within their respec-      16. ATV headlight and taillight require-              B. Notwithstanding paragraph A, a
  tive jurisdictions. The jurisdiction of each        ments. This subsection establishes                   person may operate within the
                                                      light equipment requirements for the                 right-of-way of a portion of railroad
  appropriate governmental unit over public
                                                      operation of an ATV.                                 line that has been officially aban-
  ways pursuant to this paragraph is the                                                                   doned under the authority of the
  same as its jurisdiction over the passage            A. Except as provided in this subsec-               Interstate Commerce Commission.
  of vehicles on public ways pursuant to                  tion and section 13159, a person
                                                          may not operate an ATV in the             19. Operating too close to certain build-
  Title 29-A, section 2395. Municipal or
                                                          State, regardless of where pur-               ings. A person may not operate an ATV
  county law enforcement officials having                                                               within 200 feet of a dwelling, hospital,
  jurisdiction have primary enforcement                   chased, unless equipped with front
                                                          and rear lights as follows.                   nursing home, convalescent home, or
  authority over any route established under                                                            church.
  this paragraph.                                      (1) The ATV must have mounted on
                                                            the front at least one headlight            A. This subsection does not apply when
    7. Failing to stop ATV before entering                  capable of casting a white beam                a person is operating an ATV on:
       public way. A person shall bring an                  for a distance of at least 100 feet            (1) Public ways in accordance with
       ATV to a complete stop before enter-                 directly ahead of the ATV.                         subsections 3, 6, 7, 8, and 9;
       ing a public way.
                                                       (2) The ATV must have mounted on                    (2) The frozen surface of any body of
   8. Failing to yield right-of-way while                   the rear at least one taillight capa-              water; or
      operating ATV. A person shall yield                   ble of displaying a light that must
      the right-of-way to all other types of                                                               (3) Land that the operator owns or
                                                            be visible at a distance of at least               is permitted to use.
      vehicular traffic while operating an                  100 feet behind the ATV.
      ATV on a public way.                                                                          20. Repealed.
                                                    B. The following are exceptions to the
   9. Crossing closed bridge, culvert,                  requirements of paragraph A.                21. Repealed.
      overpass or underpass with ATV. A                                                             22. Abuse of another person’s property.
      person may not cross with an ATV a               (1) Repealed.
                                                                                                        A person may not while operating an
      bridge, culvert, overpass or underpass           (2) A person may operate an ATV                  ATV:
      closed to ATVs by the Commissioner                    without a headlight and taillight
                                                            between sunrise and sunset.                  A. Tear down or destroy a fence or wall
      of Transportation pursuant to this
                                                                                                            on another person’s land;
      subsection. The Commissioner of             17. Required use of ATV lights. Except as
      Transportation may, following a public                                                             B. Leave open a gate or bars on anoth-
                                                      provided in section 13159, the follow-                er person’s land;
      hearing, prohibit the crossing by an
                                                      ing provisions govern the use of ATV
      ATV of an individual bridge, culvert,                                                              C. Trample or destroy crops on anoth-
      overpass or underpass if the commis-            lights.
                                                                                                            er person’s land; or
      sioner determines that that crossing or         A. A person shall use the lights
                                                         required under subsection 16 as                 D. Remove or destroy signs or posted
      use of a public way is hazardous. Any
                                                         follows:                                           notices.
      bridge, culvert, overpass or underpass
      closed by the commissioner must be                 (1) During the period from ½ hour          23. Repealed.
      posted by appropriate notices.                         after sunset to ½ hour before          24. Operation of ATV on temporarily
  10. Reckless operating on ATV. A person                    sunrise; and                               closed trail. A person may not operate
      may not operate an ATV in such a way               (2) At any time when, due to                   an ATV on any section of a trail posted
      as to recklessly create a substantial                  insufficient light or unfavorable          with a notice of temporary closure in
      risk of serious bodily injury to another               atmospheric conditions caused              accordance with this subsection. The
      person.                                                by fog or otherwise, other per-            notice must specify the section of trail
                                                             sons, vehicles and other objects           that is closed and the period of the clo-
  11. Operating ATV to endanger. A person
                                                             are not clearly discernible for a          sure and must be conspicuously posted
      may not operate an ATV so as to en-
                                                             distance of 500 feet ahead.                at each end of the closed section of the
      danger any person or property.
                                                                                                        trail.
  12. Operating ATV at greater than rea-          18. Unlawfully operating ATV on railroad
                                                      tracks. This subsection governs opera-        25. ATV noise and fire control devices.
      sonable and prudent speed. A person
                                                      tion of an ATV on railroad tracks.                The following provisions pertain to
      may not operate an ATV except at a
                                                                                                        ATV muffling and fire control devices
      reasonable and prudent speed for the            A. A person may not:                              and noise level limits.
      existing conditions.
                                                         (1) Operate an ATV along or adja-              A. Except as provided in section 13159,
                                                             cent and parallel to the tracks               a person may not:

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LAWS & RULES: ALL-TERRAIN VEHICLE (ATV) 13

       (1) Operate an ATV that is not                    The provisions of this subparagraph           A. A dealer licensed under Title 29-A,
            equipped at all times with an                do not apply to a trail designated               section 954, subsection 2 is not
            effective and suitable muffling              for ATV use by the Department                    required to pay the license fee under
            device on its engine to effectively          of Agriculture, Conservation and                 this subsection.
            deaden or muffle the noise of the            Forestry. The provisions of this           3. Dealer’s number plates. Dealer’s
            exhaust;                                     subparagraph also do not apply to             number plates must be provided and
       (2) Operate or modify an ATV with                 a person accessing land for mainte-           obtained as follows.
            an exhaust system that has been              nance or inspection purposes with             A. A dealer registered under subsection 1
            modified in any manner that will             the landowner’s permission or to                 may receive dealer’s number plates for
            increase the noise emitted above             local, state, or federal government              a $5 annual fee for each plate.
            the following emission standard:
                                                         personnel in the performance of               B. Replacements for lost or stolen plates
            (a) Each ATV must meet noise                 official duties, provided there is no            may be obtained for a fee of $5 for
                 emission standards of the               significant ground disturbance or                each plate.
                 United States Environmental             sedimentation of water bodies.
                 Protection Agency and in no                                                           C. If a number plate is lost or stolen, the
                 case exceed 96 decibels of                                                               owner shall notify the commissioner
                                                   §13158-A – Unlawfully permit-                          immediately.
                 sound pressure when mea-
                 sured from a distance of 20       ting operation; liability for                    4. Temporary registration certificate. The
                 inches using test procedures      damage by other persons                             commissioner may issue temporary reg-
                 established by the commis-        1. ATV owner; operation by another. A               istration certificates to a registered deal-
                 sioner; or                           person is in violation of this subsection        er who may, upon the sale or exchange
            (3) Operate an ATV without a              if that person is the owner of an ATV            of an ATV, issue a temporary registration
                 working spark arrester.              that is operated in violation of this chap-      certificate to a new owner, in order to
                                                      ter.                                             allow the new owner to operate the ATV
     B. In addition to any penalties im-                                                               for a period of 20 consecutive days, after
        posed under this subsection, the           2. Parent or guardian; operation by
                                                      minor. A person is in violation of this          the date of sale in lieu of a permanent
        court may, subject to section 9321                                                             number as required by this chapter. The
        and Title 17-A, chapter 54, order             subsection if that person is a parent or
                                                      guardian responsible for the care of a           fee for each temporary registration is $1.
        restitution for fire suppression
        costs incurred by state or municipal          minor under 18 years of age who is oper-      5. Display of dealer’s number plate. A
        government entities in suppressing            ating an ATV in violation of this chapter.       dealer shall display the dealer’s number
        a fire caused by an ATV operating          3. Furnishing ATV. An owner of an ATV,              on each ATV being used until the sale of
        without a working spark arrester.             a person who gives or furnishes an ATV           the ATV, whereupon it becomes the own-
                                                      to a person and a parent or guardian             er’s responsibility to register the ATV.
26. Prohibited equipment. A person may
    not operate an ATV that is equipped               responsible for the care of a minor under     6. Warranties and information on used
    with a snorkel kit or other equipment             18 years of age are jointly and severally        ATVs. A dealer who offers a warranty
    designed to allow the ATV to be used              liable with the operator for damages             in connection with the sale or transfer
    in deep water except with the permis-             caused in the operation of the vehicle or        of a used ATV shall furnish a written
    sion of the owner of the land on which            by the minor in operating any ATV.               statement concerning that warranty.
    the ATV is operated or as provided in                                                              The statement regarding the warranty
    section 13159.                                 §13159 – Racing meets                               must indicate the parts or systems of
                                                   Notwithstanding section 13155 and                   the vehicle that are covered and those
27. Operation of ATV in prohibited area.                                                               not covered by the warranty and what
    The following provisions establish             section 13157-A, subsection 16, paragraph
                                                   A, subsection 17, and subsection 25 ATVs            the dealer will do in the event of a defect
    areas where the operation of an ATV                                                                and at whose expense repairs be made.
    is prohibited.                                 used exclusively for scheduled racing meets
                                                                                                       The dealer shall also furnish before sale
     A. A person may not operate an ATV:           and operated solely on predefined race              a written statement identifying any
                                                   courses are exempt from the provisions              and all defects known to the dealer and
        (1) On a salt marsh, intertidal zone,      of this chapter concerning registration,
             marine sand beach, sand dune                                                              any type of damage that the vehicle has
                                                   mufflers, snorkel kits, and lights during           sustained if such information is known
             or any cemetery, burial place or
             burying ground; or                    the time of operation at these meets and at         to the dealer.
                                                   all prerace practices at the location of the
        (2) When the ground is not frozen          meets.                                           §13161 – Sale of ATV; light
             and sufficiently covered with
             snow to prevent direct damage
                                                                                                    equipment
                                                   §13160 – Dealer’s registration
             to the vegetation:                                                                     1. Headlight and taillight required. A
                                                   and license
             (a) On alpine tundra;                                                                     person may not sell or offer to sell a new
                                                   1. Application and issuance. A person may
             (b) On a freshwater marsh or                                                              ATV unless:
                                                      not engage in the business of selling
                  bog, river, brook, stream,          ATVs in the State unless that person has         A. That ATV is equipped with a function-
                  great pond, nonforested             registered as a dealer and secured a valid          ing headlight and taillight; or
                  wetland or vernal pool; or          dealer’s license from the commissioner.          B. The ATV:
             (c) In a source water protection         A dealer so registered and licensed need            (1) Is a 2-wheel off-road motorcycle;
                  area as defined in Title 30-A,      not register individual ATVs.                           or
                  section 2001, subsection 20-A.   2. Fees. The annual license fee for a dealer           (2) Has an engine size of 90 cubic cen-
                                                      registered under subsection 1 is $15. The               timeters or less and has 4 or more
                                                      license runs from July 1st of each year.
                                                                                                              wheels. ■
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