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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 2020-2021 Maine Department of Inland Fisheries & Wildlife | Information contained within this publication is subject to change after printing and is not valid after November 2021. For the most up to date information, please visit our website at mefishwildlife.com.
Maine’s State ATV Program Maine’s state ATV program is critical to the economics of many rural Maine communities. It provides a funding mechanism for ATV clubs to work with landowners and provides a trail network that is attractive to both resident and non-resident ATV enthusiasts. Governor Mills convened an ATV Task Force in 2019 and in 2020 the Task Force provided several focal points as initiatives to keep the world of ATVing in Maine a success. Learn more at mefishwildlife.com/atvtaskforce or maine.gov/dacf/parks/trail_activities/atv/index.shtml. Where does your ATV registration money go? TRAIL STEWARDSHIP When an individual registers their ATV in Maine, the registration Club members work with landowners (public and private) to fee is currently split between two state agencies: the Maine locate, design, construct, map, and maintain trails. This includes Department of Inland Fisheries and Wildlife for safety education, weekly monitoring (checking general condition and ensuring there law enforcement, the state’s landowner relations program, and is no environmental damage from off-trail riding, etc.) and routine administrative processing of registrations; and the Off-road Rec- maintenance (clearing brush, filling small holes, small culverts, reational Vehicle Office of the Maine Department of Agriculture, etc.). Conservation and Forestry (ACF)’s Bureau of Parks and Lands, which is charged with establishing a statewide trail network, LANDOWNER RELATIONS providing development and maintenance grants to clubs and Clubs are the initial contact with local landowners and the main municipalities, conducting landowner relations, and coordinating contact to establish, close, and relocate trails. They also help find and supporting ATV clubs. For every ATV registration purchased, and provide solutions that address landowners’ needs. over 58% goes toward the trail maintenance fund. For example, $26.42 of a resident annual ATV registration (which costs $45) GOVERNMENT RELATIONS goes directly into the trail maintenance fund. Club members, with the help of ATV Maine, act as liaisons between ATV riders, landowners, and the State – monitoring and What are ATV trail grants? initiating legislation, participating in public hearings, working ATV Trail grants are funded through a portion of registration fees with local and state legislators, and building grassroots support. for creation, improvement, and maintenance of local trails. Grants can be issued directly to an ATV club or through a municipality or EMERGENCY ASSISTANCE county, with conditions attached to either option. Once the work ATV club members know their trails inside and out, and often is completed, the club or municipality is reimbursed (100% for step in to provide equipment, personnel, and guidance for first club grants and 70% for municipal grants). A reimbursement of responders. They also help to identify and locate problem users. $500 per year for landowner relations initiatives or events is also available with either grant type. RIDER EDUCATION AND OUTREACH ATV club members promote safe, ethical, environmentally sound How do ATV clubs contribute? riding and positive landowner relations, leading by example and Clubs are critical to Maine’s ATV program, and at the heart of its through education/outreach. Their communication methods success. They apply directly for club grants and often are appoint- include publishing newsletters, newspapers, and social media ed to carry out municipal grant work. When constructing or main- communications; conducting safety and maintenance clinics; and taining trails, clubs pay for the entire expense upfront and then sponsoring ATV outings. are reimbursed with grant funds. Clubs provide a valuable link between ATV riders, businesses, landowners and first responders. GPS RECORDING AND MAPPING Many clubs also belong to ATV Maine, a promotion and advocacy ATV clubs help collect GPS data on their trail system so it can organization. The future of ATV riding depends upon more people be accurately mapped for insurance protection and to provide joining them, to grow on a wider and more consistent scale the guidance to users as well as landowners and first responders. professionalism and service-minded values that well-trained volunteer members demonstrate in the following ways:
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 KNOW YOUR TRAIL MARKERS............................. 2 ATV & SNOWMOBILE SAFETY.............................. 2 Recreational Safety Division.......................................................... 3 ATVs in Maine Ice Thickness.................................................................................... 3 Page 7 What We Do When No One is Watching....................................... 4 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 Free ATV Weekend.......................................................................... 8 Snowmobiling LAWS & RULES: SUMMARY OF PENALTIES FOR ATV..................................... 14 in Maine SNOWMOBILING IN MAINE................................ 15 Page 15 Snowmobile Trail Fund Donation Sticker Program.................... 15 Free Snowmobile Weekend........................................................... 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 ATV & Snowmobile after printing. For the most up to date information please visit our website at mefishwildlife.com. The language contained within this Trail Maps book is a summary. For full language please refer to title 12 and For up-to-date ATV trail maps, visit MDIFW rules, which 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 KNOW YOUR TRAIL MARKERS 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 Trail is OPEN to snowmobile use. remains open for recreational use, These markers may also include please respect landowners and additional information about the trail. stay on the marked trails! Trail is OPEN to ATV use. These markers may also include additional Trail is CLOSED to snowmobile use. information about the trail. Trail is CLOSED to ATV use. 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. ATV & SNOWMOBILE SAFETY ATV & Snowmobile Safety Taking a ride on an ATV, UTV or snowmobile is a great way to be active and enjoy the beautiful Maine outdoors. Following safety precautions, rules and common sense are necessary ways to ensure your ride on one of these machines is as safe as it is fun. ATVs and UTVs are intended for off-road ed to operate an ATV. You should supervise use and may be difficult to control on pave- your youngster’s operation of the ATV at ATV MODEL SIZE MINIMUM AGE ment and other surfaces. Different ATV all times, and should permit continued use models handle differently so it’s important only if you determine that your youngster Under 70cc 6 years and older to familiarize yourself with each machine has the ability and judgment to operate the you ride by reading the owner’s manual ATV safely. You should also read Parents, 70 – 90cc 12 years and older and following the safety, maintenance and Youngsters and ATVs, available from ASI. operational guidelines. Over 90cc 16 years and older For more information about ATV Safety, Because ATVs can cause serious injuries if call the Consumer Product Safety Commis- used improperly, riders should also know sion at 1-800-638-2772 or the ATV Distrib- their own abilities and limitations and utors’ Safety Hotline at 1-800-852-5344. Be Cautious…ATVs are not toys. Serious never overdrive their machine just to keep injury can result from improper use of Remember, Maine requires riders under up with others or impress someone. ATVs, but with preparation and practice, 16 years of age to successfully complete you can safely develop and expand your If you have a youngster who is about to ride an ATV safety course and be accompanied riding skills. Riding ATVs can be an an ATV, there are special considerations by an adult but for a few exceptions. In enjoyable form of outdoor recreation when that you should keep in mind. Although a addition, follow helpful manufacturer’s done properly. child may be the recommended age to ride recommendations (not law) listed to the a particular size ATV, not all youngsters right that provide minimum ages for ATV In addition to the information provided have the strength, skills, or judgment need- Model Sizes. in this booklet, it is important to carefully 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
ATV & SNOWMOBILE SAFETY 3 read and follow the instructions and mobile on ice, make sure the ice is safely warnings contained in the ATV owner’s frozen and only trust your own judgment. RECREATIONAL SAFETY DIVISION manual and labels. ATVs handle differently Drowning is a leading cause of snowmobile from other vehicles, such as motorcycles Do you need to take a safety fatalities so buying a buoyant snowmobile and cars. Proper instruction and practice course to operate an ATV? suit could be a life-saving decision. If you are important. Maine law requires a person 10 years do go through the ice, your helmet and Having a pre-ride safety checklist is a good snowmobile suit, even if it’s non-buoyant, of age or older but under 16 years of idea for all riders and includes checking the may keep you afloat for several minutes. age to successfully complete a training mechanical condition of the machine and Try sliding back onto the ice, using program, with that person’s parent or making sure you have spare parts, survival anything sharp to dig in for pull. Kicking guardian prior to operating on land items and personal items needed for safety your feet like a seal can help propel you other than that owned or leased by and comfort. onto the ice. their parent or guardian or on which they live. These courses are made Riders should also leave a trip plan with If the ice keeps breaking, continue moving available in your area by volunteer someone else that lists their destination, toward the shore or the direction from instructors certified by the Maine travel times, contact information and which you came. Don’t remove your gloves Department of Inland Fisheries and anything else that could aid in finding a or mitts. Once on the ice, you should roll Wildlife. Pre-registration is requested rider who gets lost or injured. away from the hole, making sure not to and/or required. Courses will include stand up until you are well away from it. When it comes to snowmobiling, the 6 hours of instruction. Sponsors safest rule is to never cross lakes or rivers, include school districts, sports clubs, since doing so puts you at risk of plunging civic groups, and others. Courses will through the ice. If you decide to snow- be scheduled based on instructor availability. 8 Federal Street Augusta, Maine 04330 (207) 287-5220 DON’T FORGET TO SUPPORT YOUR Mailing Address: LOCAL SNOWMOBILE AND ATV CLUBS! 41 State House Station, Augusta, ME 04333-0041 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 12" Heavy Truck (7–8 ton gross) know the area they ride in, ride at safe speeds, signal their riding intentions, 15" Heavy Truck (10 ton gross) watch for other snowmobilers and never operate under the influence of drugs or 20" 25 tons alcohol. Always remember: ATVs, UTVs and 25" 45 tons snowmobiles are not toys, so taking these precautions can mean the difference 30" 70 tons between an enjoyable time and a dangerous one. 36" 110 tons 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
4 ATV & SNOWMOBILE SAFETY WHAT WE DO WHEN NO ONE IS WATCHING Roughly 94% of Maine’s forest land is The private land you use for recreation be- privately owned, and more than half of longs to someone else. Access is a privilege, Respecting the property rights of landown- that land area is open to the public. In not a right. ers will lead to positive and cooperative total, landowners voluntarily open up more relationships—and a positive, productive The Maine Department of Inland Fisheries than 10 million acres of working farms and experience. It’s not only a courtesy — it’s and Wildlife encourages all land users to forests. the right thing to do. voluntarily seek permission whenever This access is an incredible gift, and possible. In turn, the Outdoor Partners For more information call the Landowner in order to preserve it, everyone who landowner relations program would ask all Relations Coordinators, Rick LaFlamme or ventures outdoors needs to understand the landowners to consider using the courtesy Dave Chabot, at (207) 287-5240 or visit contribution that landowners make. card system. mefishwildlife.com. ■ 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 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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 by others for recreational or harvest- ties was granted, to other persons to 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 or ice within the jurisdiction of the State the owner, lessee, manager, holder of an creates a duty of care or ground of liabili- 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. 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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. 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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 $45* Season: $90* not a citizen of the United States Prior to registration, sales or use taxes are due. who has been domiciled in the 7-Day: $75* 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. Proof of having completed a training vehicles they own that are located course must be presented for inspection upon request of a law enforcement officer. within the state. A person under 16 years of age may not cross a public way maintained for travel unless • is in compliance with Maine the crossing is in accordance with section 13157-A, subsection 6, paragraph A (page income tax laws. 11) and the person satisfies the requirements of 13154-A, subsection 3 (page 9). NON-RESIDENT means a person The season registration for an ATV is valid for one year, commencing on July 1st of each year. who does not fall within the *Plus agent fee. 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. 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
8 LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV) LAWS & R U LE S All-Terrain Vehicle (ATV) FREE ATV WEEKEND: AUGUST 6-8, 2021 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 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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 ATVs, 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 ATVs 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. 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
LAWS & RULES: ALL-TERRAIN VEHICLE (ATV) 11 designated agent, that the member a controlled access highway on sible, a public way, bridge, overpass, is permanently stationed at that a trail segment approved by the underpass, sidewalk or culvert as long post, station or base. Registration Commissioner of Transportation as that operation can be made safely fees for registrations pursuant to or the board of directors of the and does not interfere with traffic this subsection must be allocated Maine Turnpike Authority, as approaching from either direction on as if the person registering the ATV applicable. the public way. was a resident of the municipality At the request of the Commissioner of B. Repealed. in which the post, station or base is Agriculture, Conservation and Forestry, C. An ATV may be operated on any por- situated. the Commissioner of Transportation or the tion of a public way when the public board of directors of the Maine Turnpike way has been closed in accordance §13157-A – Operation of ATVs Authority, as applicable, may permit with Title 23, section 2953. 1-A. Permission required. A person may construction of an ATV trail within the D. An ATV may be operated on a public not operate an ATV on the land of right-of-way of a controlled access highway way that is not maintained or used another without the permission of the under the jurisdiction of the Department for the operation of conventional landowner or lessee. Permission is pre- of Transportation or the Maine Turnpike motor vehicles, except that operation sumed on designated state approved Authority being constructed on or after on the left side of the way is prohib- ATV trails or in areas open to ATVs by ited during the hours from sunset to January 1, 2016 when there is an ability to landowner policy. A landowner may sunrise. limit the use of a designated state-ap- provide for the continuity of a state-owned proved ATV trail on that landowner’s or state controlled network of ATV trails. E. An ATV may be operated on streets property through agreements with Funds for the construction of an ATV trail and public ways during a period of the State or an ATV club to address under this paragraph may not be provided emergency when the emergency has environmental, public safety or man- from the Highway Fund. been so declared by a police agency agement concerns. Written permission having jurisdiction and when travel 4. Unlawfully operating ATV on snow- by conventional motor vehicles is not of the landowner or lessee is required mobile trail. A person may not operate on cropland or pastureland or in an practicable. any 4-wheel-drive vehicle, dune buggy, orchard. As used in this subsection, F. An ATV may be operated on streets all-terrain vehicle, motorcycle or any “cropland” means acreage in tillage ro- and public ways in special events of other motor vehicle, other than a snow- tation, land being cropped and land in limited duration conducted according mobile and appurtenant equipment, on bush fruits, and “pastureland” means to a prearranged schedule under a snowmobile trails that are financed in acreage devoted to the production of permit from the governmental unit whole or in part with funds from the forage plants used for animal produc- having jurisdiction. Snowmobile Trail Fund, unless that use tion. Nothing in this subsection may has been authorized by the landowner or G. An ATV may be operated on a public be construed to limit or expand a land the landowner’s agent, or unless the use way on the extreme right of the trav- owners property rights. is necessitated by an emergency involv- eled way by a law enforcement officer 2. Stop and identify requirement. ing safety of persons or property. for the sole purpose of traveling Persons operating ATVs upon the between the place where the ATV is Exception: ATV’s with tracks, registered land of another shall stop and identify usually stored and an area to be pa- as snowmobiles can be operated on a themselves upon the request of the trolled by the law enforcement officer. snowmobile trail. landowner or the landowner’s duly H. Notwithstanding paragraphs A to authorized representative. 5. Repealed G, an ATV may be operated on the 3. Operating ATV upon controlled 5-A. Operating a motor vehicle on an extreme right of a public way, or as access highway. The following provi- ATV trail. A person may not operate a directed by the appropriate govern- sions govern the operation of ATVs on motor vehicle as defined in Title 29-A, mental unit within the public way, controlled access highways. section 101, subsection 42 on a desig- of a municipality or an unorganized nated ATV trail that is not on a gravel or unincorporated township if the A. A person may not operate an ATV road system unless authorized by the upon a controlled access highway appropriate governmental unit has landowner or landowner’s agent, or in designated the public way as an or within the right-of-way limits of an emergency involving the safety of a a controlled access highway, except ATV-access route. An ATV must travel person or property. in the same direction as motor vehicle that: 6. Operating ATV on public way. Except traffic on a public way designated as (1) A person on a properly regis- as provided in this subsection, a person an ATV access route. A public way des- tered ATV may cross controlled may not operate an ATV, other than an ignated by an appropriate governmen- access highways by use of ATV registered with the Secretary of tal unit as an ATV-access route must bridges over or roads under State under Title 29-A, on any portion of be posted conspicuously at regular those highways or by use of a public way maintained or used for the intervals by that governmental unit roads crossing controlled access operation of conventional motor vehicles with highly visible signs designating highways at grade; or on the sidewalks of any public way. the ATV-access route. (2) The Commissioner of Transpor- A. A properly registered ATV may be tation may issue special permits operated on a public way only the for designated crossings of distance necessary, but in no case controlled access highways. to exceed 500 yards, on the extreme (3) A person on a properly regis- right of the traveled way for the tered ATV may operate the ATV purpose of crossing, as directly as pos- within the right-of-way limits of 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
12 LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV) Before designating a public way as headgear. Notwithstanding Title 29-A, of a railroad within the limits of an ATV-access route, the appropriate section 2083, a person under 18 years the railroad right-of-way without governmental unit shall make appropriate of age may not operate an ATV without written permission from the rail- determinations that ATV travel on the protective headgear. road owning the right-of- way; or extreme right of the public way, or as 14. Carrying passenger on ATV without (2) Operate an ATV across the tracks directed by the appropriate governmen- headgear. Notwithstanding Title 29-A, of a railroad after having been tal unit within the public way may be section 2083, a person may not carry a forbidden to do so by the railroad conducted safely and will not interfere passenger under 18 years of age on an owning the railroad right-of- way with vehicular traffic on the public way. For ATV unless the passenger is wearing or by an agent of that railroad, purposes of this paragraph, “appropriate protective headgear. either personally or by appropri- 15. Repealed ate notices posted conspicuously governmental unit” means the Department along the railroad right-of-way. of Transportation, county commissioners 16. ATV headlight and taillight require- or municipal officers within their respec- ments. This subsection establishes B. Notwithstanding paragraph A, a tive jurisdictions. The jurisdiction of each light equipment requirements for the person may operate within the operation of an ATV. right-of-way of a portion of railroad appropriate governmental unit over public line that has been officially aban- ways pursuant to this paragraph is the A. Except as provided in this subsec- doned under the authority of the same as its jurisdiction over the passage tion and section 13159, a person Interstate Commerce Commission. of vehicles on public ways pursuant to may not operate an ATV in the State, regardless of where pur- 19. Operating too close to certain build- Title 29-A, section 2395. Municipal or chased, unless equipped with front ings. A person may not operate an ATV county law enforcement officials having within 200 feet of a dwelling, hospital, jurisdiction have primary enforcement and rear lights as follows. nursing home, convalescent home, or authority over any route established under (1) The ATV must have mounted on church. this paragraph. the front at least one headlight capable of casting a white beam A. This subsection does not apply when 7. Failing to stop ATV before entering for a distance of at least 100 feet a person is operating an ATV on: public way. A person shall bring an directly ahead of the ATV. (1) Public ways in accordance with ATV to a complete stop before enter- subsections 3, 6, 7, 8, and 9; ing a public way. (2) The ATV must have mounted on the rear at least one taillight capa- (2) The frozen surface of any body of 8. Failing to yield right-of-way while ble of displaying a light that must water; or operating ATV. A person shall yield be visible at a distance of at least the right-of-way to all other types of (3) Land that the operator owns or 100 feet behind the ATV. is permitted to use. vehicular traffic while operating an ATV on a public way. B. The following are exceptions to the 20. Repealed. requirements of paragraph A. 9. Crossing closed bridge, culvert, 21. Repealed. overpass or underpass with ATV. A (1) Repealed. 22. Abuse of another person’s property. person may not cross with an ATV a (2) A person may operate an ATV A person may not while operating an bridge, culvert, overpass or underpass including a 2-wheel off-road ATV: closed to ATVs by the Commissioner motorcycle without a headlight and taillight between sunrise and A. Tear down or destroy a fence or wall of Transportation pursuant to this sunset. on another person’s land; subsection. The Commissioner of Transportation may, following a public B. Leave open a gate or bars on anoth- 17. Required use of ATV lights. Except as hearing, prohibit the crossing by an er person’s land; provided in section 13159, the follow- ATV of an individual bridge, culvert, C. Trample or destroy crops on anoth- ing provisions govern the use of ATV overpass or underpass if the commis- er person’s land; or sioner determines that that crossing or lights. A. A person shall use the lights D. Remove or destroy signs or posted use of a public way is hazardous. Any required under subsection 16 as notices. bridge, culvert, overpass or underpass closed by the commissioner must be follows: 23. Repealed. posted by appropriate notices. (1) During the period from ½ hour 24. Operation of ATV on temporarily 10. Reckless operating on ATV. A person after sunset to ½ hour before closed trail. A person may not operate may not operate an ATV in such a way sunrise; and an ATV on any section of a trail posted as to recklessly create a substantial (2) At any time when, due to with a notice of temporary closure in risk of serious bodily injury to another insufficient light or unfavorable accordance with this subsection. The person. atmospheric conditions caused notice must specify the section of trail by fog or otherwise, other per- that is closed and the period of the clo- 11. Operating ATV to endanger. A person sons, vehicles and other objects sure and must be conspicuously posted may not operate an ATV so as to en- are not clearly discernible for a at each end of the closed section of the danger any person or property. distance of 500 feet ahead. trail. 12. Operating ATV at greater than rea- 18. Unlawfully operating ATV on railroad 25. ATV noise and fire control devices. sonable and prudent speed. A person tracks. This subsection governs opera- The following provisions pertain to may not operate an ATV except at a tion of an ATV on railroad tracks. ATV muffling and fire control devices reasonable and prudent speed for the and noise level limits. existing conditions. A. A person may not: A. Except as provided in section 13159, 13. Operating ATV without protective (1) Operate an ATV along or adja- a person may not: cent and parallel to the tracks 2 0 2 0 - 2 1 S TAT E O F M A I N E S U M M A R Y O F L AW S & R U L E S AT V & S N O W M O B I L E
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