ATV & SNOWMOBILE - Maine.gov

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ATV & SNOWMOBILE - Maine.gov
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.
ATV & SNOWMOBILE - Maine.gov
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:
ATV & SNOWMOBILE - Maine.gov
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
ATV & SNOWMOBILE - Maine.gov
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

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ATV & SNOWMOBILE - Maine.gov
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

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ATV & SNOWMOBILE - Maine.gov
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

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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
                                                    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.

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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
  $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.

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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 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

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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 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.

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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           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

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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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