ATV & SNOWMOBILE - Maine.gov
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S U M M A R Y O F
M A I N E
AT V & S N O W M O B I L E
L AWS
2021-2022
Maine Department of Inland Fisheries & Wildlife | Information contained within this publication is subject to change after printing and is not valid after
November 2022. 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.
$37 goes directly into the trail maintenance fund.
GOVERNMENT RELATIONS
What are ATV trail grants? Club members, with the help of ATV Maine, act as liaisons
ATV Trail grants are funded through a portion of registration fees between ATV riders, landowners, and the State – monitoring and
for creation, improvement, and maintenance of local trails. Grants initiating legislation, participating in public hearings, working
can be issued directly to an ATV club or through a municipality or with local and state legislators, and building grassroots support.
county, with conditions attached to either option. Once the work
is completed, the club or municipality is reimbursed (100% for EMERGENCY ASSISTANCE
club grants and 90% for municipal grants). A reimbursement of ATV club members know their trails inside and out, and often
$500 per year for landowner relations initiatives or events is also step in to provide equipment, personnel, and guidance for first
available with either grant type. responders. They also help to identify and locate problem users.
How do ATV clubs contribute? RIDER EDUCATION AND OUTREACH
Clubs are critical to Maine’s ATV program, and at the heart of its ATV club members promote safe, ethical, environmentally sound
success. They apply directly for club grants and often are appoint- riding and positive landowner relations, leading by example and
ed to carry out municipal grant work. When constructing or main- through education/outreach. Their communication methods
taining trails, clubs pay for the entire expense upfront and then include publishing newsletters, newspapers, and social media
are reimbursed with grant funds. Clubs provide a valuable link communications; conducting safety and maintenance clinics; and
between ATV riders, businesses, landowners and first responders. sponsoring ATV outings.
Many clubs also belong to ATV Maine, a promotion and advocacy
organization. The future of ATV riding depends upon more people GPS RECORDING AND MAPPING
joining them, to grow on a wider and more consistent scale the ATV clubs help collect GPS data on their trail system so it can
professionalism and service-minded values that well-trained be accurately mapped for insurance protection and to provide
volunteer members demonstrate in the following ways: guidance to users as well as landowners and first responders.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.........6
Accidents Involving Personal Injury or Death............................... 6
Accident Reports............................................................................. 6
ATVS IN MAINE. . .................................................... 7
ATV Registration Fees & Age Requirements................................. 7
Definitions....................................................................................... 7
Snowmobiling
LAWS & RULES: ALL-TERRAIN VEHICLE (ATV). . . 7
Free ATV Weekend.......................................................................... 7
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.htm2 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
child may be the recommended age to ride recommendations (not law) listed to the done properly.
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 1 - 2 2 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 EATV & 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
fatalities so buying a buoyant snowmobile Do you need to take a safety
and cars. Proper instruction and practice
suit could be a life-saving decision. If you course to operate an ATV?
are important.
do go through the ice, your helmet and Maine law requires a person 10 years
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
Riders should also leave a trip plan with If the ice keeps breaking, continue moving they live. These courses are made
someone else that lists their destination, toward the shore or the direction from available in your area by volunteer
travel times, contact information and which you came. Don’t remove your gloves instructors certified by the Maine
anything else that could aid in finding a or mitts. Once on the ice, you should roll Department of Inland Fisheries and
rider who gets lost or injured. away from the hole, making sure not to Wildlife. Pre-registration is requested
stand up until you are well away from it. and/or required. Courses will include
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.
Find a course and learn more at
mefishwildlife.com/safetycourses
DON’T FORGET TO SUPPORT YOUR or call (207) 287-5220.
LOCAL SNOWMOBILE AND ATV CLUBS!
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 1 - 2 2 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 E4 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 1 - 2 2 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 ELAWS & RULES: LIABILITY 5
LAWS & R U L E S
Liability 2. Limited Duty. An owner, lessee, manag-
er, holder of an easement or occupant of
C. For an injury caused, by acts of per-
sons to whom permission to pursue
premises does not have a duty of care to any recreational or harvesting activi-
Title 12 MRSA, §10001 keep the premises safe for entry or use ties was granted, to other persons to
by others for recreational or harvest- whom the person granting permis-
Definitions ing activities or to give warning of any sion, or the owner, lessee, manager,
“Guide” means a person who receives any hazardous condition, use, structure or holder of an easement or occupant of
form of remuneration for that person’s activity on these premises to persons the premises, owed a duty to keep the
services in accompanying or assisting a entering for those purposes. This sub- premises safe or to warn of danger.
person in the fields or forests or on waters section applies regardless of whether 5. No duty created. Nothing in this section
the owner, lessee, manager, holder of an creates a duty of care or ground of liabili-
or ice within the jurisdiction of the State
easement or occupant has given permis- ty for injury to a person or property.
while hunting, fishing, trapping, boating,
sion to another to pursue recreational or
snowmobiling, using an all-terrain vehicle harvesting activities on the premises. 6. Costs and fees. The court shall award
or camping at a primitive camping area. any direct legal costs, including reason-
3. Permissive Use. An owner, lessee man- able attorney’s fees, to an owner, lessee,
Title 14 MRSA, §159-A ager, holder of an easement or occupant manager, holder of an easement or oc-
who gives permission to another to pur- cupant who is found not to be liable for
Limited liability for recreational sue recreational or harvesting activities injury to a person or property pursuant
of harvesting activities on the premises shall not thereby: to this section.
1. Definitions. A. Extend any assurance that the premis-
A. “Premises” shall mean improved and es are safe for those purposes; Title 14 MRSA, §7551-B
unimproved lands, private ways, B. Make the person to whom permission Trespass damages
roads, any buildings or structures on is granted an invitee or licensee to
Any person who intentionally enters the
those lands and waters standing on, whom a duty of care is owed; or
land of another without permission and
flowing through or adjacent to those C. Assume responsibility or incur liabili-
lands. “Premises” includes railroad causes damage to property is liable to the
ty for any injury to person or property owner in a civil action if the person: dam-
property, railroad rights-of-way and caused by any act of persons to whom
utility corridors to which public access ages or throws down any fence, bar or gate;
the permission is granted even if that
is permitted. injury occurs on property of another leaves a gate open; breaks glass; damages
B. “Recreational or harvesting activities” person. any road, drainage ditch, culvert, bridge,
means recreational activities conduct- sign or paint marking; or does other dam-
4. Limitations on section. This section
ed out-of-doors, including, but not age to any structure on property not that
shall not limit the liability which would
limited to, hunting, fishing, trapping, otherwise exist: person’s own or throws, drops, deposits,
camping, environmental education discards, dumps or otherwise disposes of
A. For a willful or malicious failure to
and research, hiking, rock climbing, litter, as defined in Title 17, section 2263,
guard or to warn against a dangerous
ice climbing, bouldering, rappelling, subsection 2, in any manner or amount, on
condition, use, structure or activity;
recreational caving, sight-seeing, property that is not that person’s own.
operating snow-traveling and all-ter- B. For an injury suffered in any case
where permission to pursue any rec- If the damage is intentional the person
rain vehicles, skiing, hang-gliding,
noncommercial aviation activities, reational or harvesting activities was doing the damage is liable to the owner for
dog sledding, equine activities, boat- granted for a consideration other than 2 times the actual damage plus additional
ing, sailing, canoeing, rafting, biking, the consideration, if any, paid to the costs which includes the attorney fees of
picnicking, swimming or activities following: the landowner, costs and the value of the
involving the harvesting or gathering (1) The landowner or the landowner’s owner’s time spent on involvement in an
of forest, field or marine products. agent by the State; or enforcement proceeding; if the damage
It includes entry of, volunteer main- (2) The landowner or the landowner’s is not caused intentionally, the person is
tenance and improvement of, use of agent for use of the premises on liable to the owner for the actual damages
and passage over premises in order to which the injury was suffered, as plus the costs described above.
pursue these activities. “Recreational long as the premises are not used
or harvesting activities” does not For damage to property under this section
primarily for commercial recre- the owner’s damages may be measured
include commercial agricultural or ational purposes and as long as
timber harvesting. either by the replacement value of the dam-
the user has not been granted the aged property or by the cost of repairing
C. “Occupant” includes, but is not exclusive right to make use of the
limited to, an individual, corporation, the damaged property. For damages for
premises for recreational activi-
partnership, association or other legal ties; or disposing of litter, the owner’s damages
entity that constructs or maintains include the direct costs associated with
trails or other improvements for properly disposing of the litter, including
public recreational use. obtaining permits, and the costs associated
with any site remediation work undertaken
as a result of the litter.
2 0 2 1 - 2 2 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 E6 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.
LAWS & RULES: ACCIDENT INFORMATION
LAWS & R U L E 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. ■
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ATVs in Maine
ATV registration fees are increasing to the amounts in table below, effective May 1, 2022.
ALL-TERRAIN VEHICLES (ATV) REGISTRATION FEES & AGE REQUIREMENTS DEFINITIONS
RESIDENTS NONRESIDENTS ANTIQUE ATV RESIDENT means a citizen of the
United States or a person who is
Now Thru $45* Season: $90* not a citizen of the United States
Apr 30, 2022 Prior to registration, 7-Day: $75* who has been domiciled in the
sales or use taxes are due. $45 State for one year who:
$70* Residents & Nonresidents
Starting Season: $115* • if registered to vote, is registered
May 1, 2022 Prior to registration, in Maine.
sales or use taxes are due. 7-Day: $100*
• if licensed to drive a motor
AGE REQUIREMENTS** vehicle, has applied for or pos-
sesses a Maine driver’s license.
A person under 10 years of age may not operate an ATV.
• Has registered in Maine any motor
A person 10 years of age or older but under 16 years of age may not operate an ATV vehicles they own that are located
unless that person has successfully completed a training course approved by the within the state.
department and is accompanied by an adult. Proof of having completed a training course
must be presented for inspection upon request of a law enforcement officer. • is in compliance with Maine
income tax laws.
A person under 16 years of age may not cross a public way maintained for travel unless
the crossing is in accordance with section 13157-A, subsection 6, paragraph A (page 11) NON-RESIDENT means a person
and the person satisfies the requirements of 13154-A, subsection 3 (page 9). who does not fall within the
definition of a resident.
The season registration for an ATV is valid for one year, commencing on July 1st of each year.
*Plus agent fee.
**This does not apply to the operation of an ATV on a) Land on which the operator is
domiciled; b) Land owned or leased by the operator’s parent or guardian; or c) A safety
training site approved by the department.
LAWS & RULES: ALL-TERRAIN VEHICLE (ATV)
LAWS & R U L E S
All-Terrain Vehicle (ATV)
off-road, recreational vehicle that was
FREE ATV WEEKEND: AUGUST 19-21, 2022
originally designed by the manufacturer
During Free ATV weekend a nonresident
for and is capable of cross-country travel.
may operate in Maine on an ATV that is
“All-terrain vehicle” or “ATV” includes, but
not registered in Maine if the nonresident’s
is not limited to, a multitrack, multiwheel
ATV has a valid registration from another
or low-pressure tire vehicle; a motorcycle
state or a Canadian province.
or related 2-wheel, 3-wheel or belt-driven
vehicle; an amphibious machine; or other
Title 12, Chapter 933 means of transportation deriving motive
§13001 – Definitions power from a source other than muscle Title 5, chapter 375, subchapter 2.
As used in this subpart, unless the context or wind. For purposes of this subpart,
otherwise indicates, the following terms “all-terrain vehicle” or “ATV” does not New definition: Antique all-terrain
have the following meanings. include a motor vehicle as defined in Title vehicle or antique ATV. “Antique all-ter-
29-A, section 101, subsection 42. rain vehicle” or “antique ATV” means an
Accompanied by adult. “Accompanied by all-terrain vehicle more than 25 years old
an adult” means, with respect to operation Alpine tundra. “Alpine tundra” means high that is substantially maintained in its orig-
of an ATV, within visual and voice contact elevation, treeless areas beyond the timber- inal or restored condition. Enforcement
and under the effective control of a child’s line that are dominated by low herbaceous Fund established under section 10258.
parent or guardian or another person 21 or shrubby vegetation and, specifically,
years of age or older. areas that are designated as alpine tundra Dwelling. “Dwelling” means any building
by the Department of Agriculture, Con- used as a permanent residence or place of
All-terrain vehicle or ATV. “All-terrain domicile.
servation and Forestry by rule pursuant to
vehicle” or “ATV” means a motor- driven,
2 0 2 1 - 2 2 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 E8 LAWS & RULES: ALL-TERRAIN VEHICLE (ATV)
Freshwater marshes and bogs. “Fresh- All taxes collected pursuant to this section the summons if, in the judgment of the
water marshes and bogs” means naturally must be transmitted forthwith to the officer, based on actual previous offenses
occurring open areas with saturated soils Treasurer of State and credited to the by the operator or other considerations,
or peat, often associated with standing General Fund as undedicated revenue. the operator will continue to operate the
water and dominated by low herbaceous The Legislature shall appropriate to the ATV in violation of chapter 939 and that
vegetation, grasses, weeds and shrubs department in each fiscal year an amount operation may be a hazard to the safety of
and including wetlands, as shown on the equal to the administrative costs incurred persons or property.
Freshwater Wetlands Map Series, Division by the department in collecting revenue The operator or owner of an ATV impound-
of Geology, Natural Areas and Coastal under this section. Those administrative ed under this section may reclaim the
Resources, Maine Geological Survey, or costs must be verified by the Department ATV at any time subsequent to 24 hours
zoned as a Wetland Protection Subdistrict, of Administrative and Financial Services. after the issuance of the summons upon
P-WL, by the Maine Land Use Planning For purposes of this section, “original payment of the costs of impoundment
Commission. registration” means any registration other to the enforcement agency impounding
Operate. “To operate,” in all its moods and than a renewal of registration by the same the ATV.
tenses, when it refers to an ATV, means owner.
to use an ATV in any manner within the
§13107 – Unlawfully operating
jurisdiction of the State, whether or not §13003 – Payment of sales or use vehicle on snowmobile trail
the vehicle is moving. tax prerequisite to registration A person may not operate any 4-wheel
2. Registration of ATV. Prior to registering drive vehicle, dune buggy, all-terrain
Operator. “Operator” means the person
an ATV, an agent of the commissioner vehicle, motorcycle, or any other motor
who is in control or in charge of an ATV
shall collect sales or use tax due. Sales or vehicle, other than a snowmobile and
while it is in use.
use tax is due unless: appurtenant equipment, on snowmobile
Updated definition in 2021: Owner. A. Repealed trails that are financed in whole or in part
“Owner” means: For the purposes of regis- with funds from the Snowmobile Trail
B. The registration is a renewal registra-
tration of an ATV, a person holding title to Fund, unless that use has been authorized
tion by the same owner;
an ATV or having equitable interest in an by the landowner or the landowner’s agent,
ATV that entitles the person to possession C. The applicant possesses a dealer’s
or unless the use is necessitated by an
certificate showing that the sales tax
of the ATV. emergency involving safety or persons or
was collected by the dealer. The State
Private Way. As defined by Title 23, Tax Assessor shall prescribe the form property.
section 1903-10-A, “Private Way” means a of a dealer’s certificate. Exception: An ATV with tracks, registered
private road, driveway, or public easement. D. The ATV is otherwise exempt from as a snowmobile, may be operated on
“Public easement” means an easement held sales or use tax under Title 36, section snowmobile trails.
by a municipality for purposes of public 1760.
access to land or water not otherwise Title 12, Chapter 939
connected to a public way, and includes all §13004 – Collection by State
§13152 – License and training
rights enjoyed by the public with respect to Tax Assessor 1. License. An operator’s license is not
private ways dedicated to the public. This section and sections 13002, 13003 required for the operation of an ATV,
Protective headgear. “Protective head- and 13005 must be construed as cumula- except as required by Title 29-A.
gear” means a helmet that conforms with tive of other methods prescribed in Title 2. Training. A person 10 years of age
minimum standards of construction and 36 for the collection of the sales or use or older but under 16 years of age
performance as prescribed by the American tax. These sections do not preclude the must successfully complete a training
National Standards Institute specification State Tax Assessor’s collecting the tax program, with that person’s parent or
Z90.1 or by the Federal Motor Vehicle due in respect to any watercraft, ATV or guardian approved by the department
Safety Standard No. 218. snowmobile in accordance with such other prior to operating an ATV except on:
methods as are prescribed in Title 36 for A. Land on which that person is domi-
Public Way. As defined by Title 23, section the collection of the sales or use tax. ciled;
1903-11, “Public Way” means any road
capable of carrying motor vehicles, includ- §13005 – Certificates to be for- B. Land owned or leased by that person’s
ing, but not limited to, any state highway, parent or guardian; or
warded to State Tax Assessor
municipal road, county road, unincorporat- C. A safety training site approved by the
An agent of the commissioner shall department.
ed territory road, or other road dedicated
promptly forward all certificates submitted
to the public. A person under 16 years of age must attend
in accordance with section 13003 to the
commissioner. The commissioner shall the training program with that person’s
§13002 – Collection by parent or guardian. The training program
transmit all such certificates to the State
Commissioner must include instruction on the safe opera-
Tax Assessor.
The commissioner or agents of the commis- tion of ATVs, the laws pertaining to ATVs,
sioner shall act on behalf of the State Tax §13006 – Impoundment of ATVs the effect of ATVs on the environment
Assessor to collect the use tax due under When a law enforcement officer issues a and ways to minimize that effect, courtesy
Title 36, chapters 211 to 225 in respect to summons for a violation under chapter to landowners and other recreationists
any ATV for which an original registration 939, the officer may impound the ATV and landowners and other materials as
is required under this Title at the time and operated by the person who receives determined by the department.
place of registration of that ATV.
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§13153 – Rule violations; ATVs may not operate an ATV that is not
The following penalties apply to violations registered in accordance with subsec-
tion 3.
of rules regulating ATVs.
A. The following exceptions apply.
1. Civil. Notwithstanding section 10650,
a person who violates a rule regulating (1) Registration is not required
ATVs commits a civil violation for which for an ATV operated on land
a fine of not less than $100 nor more that the ATV operator owns or
than $500 may be adjudged. leases, regardless of where that
ATV operator is domiciled, as
2. Criminal. A person who violates a rule
long as the ATV is not operated
regulating ATVs after having been adju-
elsewhere within the jurisdic-
dicated as having committed 3 or more
tion of the State.
civil violations under this Part within
the previous 5-year period commits a (2) Registration is not required for
Class E crime. an ATV operated by a commer-
cial ski area for the purpose of
§13154-A – Age restrictions packing snow or for rescue op-
1. Minimum age. Except as provided in erations on the commercial ski
subsection 5, a person under 10 years of area, unless the ATV is required (7) The Commissioner may annually
age may not operate an ATV. to cross a public way during that establish one 3-consecutive-day
operation. period, 2 days of which are
2. Permitting child under 10 years of age
to operate ATV. Except as provided in (3) An ATV owned and operated weekend days, during which
subsection 6, a person may not permit a in the State by the Federal a non-resident may operate
child under 10 years of age to operate an Government, the State or a an ATV that is not registered
ATV. political subdivision of the State in Maine, if the non-resident’s
is exempt from registration fees ATV has a valid registration
3. Unlawfully operating ATV by person
but must be registered and is from another state or a
ages 10 to under 16. Except as provided
required to display registration Canadian province.
in subsection 6, a person 10 years of age
numbers. 2. Reciprocity. Reciprocity was repealed in
or older but under 16 years of age may
not operate an ATV unless that person (4) An ATV registration for the 2004 so there are no longer reciprocal
has successfully completed a training farm use specified in Title privileges for ATV registrations. A Maine
course approved by the department 29-A, section 501, subsection ATV registration is required for nonres-
pursuant to section 13152 and is ac- 8, paragraph E is not required idents to operate an ATV in the State of
companied by an adult. Proof of having for a vehicle registered with the Maine.
completed a training course must be Secretary of State under Title 3. Updated law in 2021: Application
presented for inspection upon request of 29-A, section 501, subsection 8. and issuance. The commissioner, or an
a law enforcement officer. (5) An ATV registered in another agent designated by the commissioner,
4. Person under 16 years of age crossing state or in a Canadian province may register and assign a registration
public way. A person under 16 years of may be operated without being number to an ATV upon application
age may not cross a public way main- registered pursuant to this sec- and payment of a fee by the owner. The
tained for travel unless the crossing is tion at a special event organized commissioner shall charge a fee of $1 in
in accordance with section 13157-A, to occur in this State if the addition to the fee for each registration
subsection 6, paragraph A and the special event organizer submits issued by an employee of the depart-
person satisfies the requirements of a request in writing to the ment. The registration number in the
subsection 3. commissioner 60 days prior to form of stickers issued by the commis-
the special event and provides sioner must be clearly displayed on the
5. Permitting an unaccompanied person
the commissioner with a map of front and rear of the vehicle. An annual
under 16 years of age to operate an
the trails to be used during the registration is valid for one year com-
ATV. Except as provided in subsection 6,
special event and the commis- mencing July 1st of each year, except
a person may not permit an unaccompa-
sioner approves the request. that any registration issued prior to July
nied person 10 years of age or older but
under 16 years of age to operate an ATV. (6) An ATV owned or under the 1st but after May 1st is valid from the
control of an ATV manufac- date of issuance until June 30th of the
6. Exceptions for certain property. This turer may be operated with- following year. A registration agent shall
section does not apply to the operation out a Maine registration at a provide to the person who requests to
of an ATV on: demonstration event organized register an oversized ATV under subsec-
A. The land on which the operator to occur in this State if such tion 5-B a written form developed and
is domiciled; operation is approved by the provided by the department explaining
commissioner. An ATV man- the size and weight restrictions for reg-
B. Land owned or leased by the istering that ATV, including whether it
operator’s parent or guardian; or ufacturer or a representative
of an ATV manufacturer must qualifies for registration, and explaining
C. A safety training site approved by submit a request in writing to the provisions of section 13157-A re-
the department. the commissioner at least 60 garding the operation of oversized ATVs
days prior to the demonstra- on designated state-approved ATV trails.
§13155 – Registration tion event and shall include a The department shall develop a form
1-A. Operating unregistered ATV. Except description and the location for use by registration agents under this
as provided in paragraph A, a person of the event. subsection.
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4. Form of registration. An ATV regis- The fee for the transfer is $4, and the A member of the armed forces
tration must be in such form as the registration is valid for the remainder or the spouse or child of that
commissioner may determine. of the registration year for which the member described in paragraph
5. Fees. See page 7 previous all-terrain vehicle had been A who desires to register an ATV
5-B. New law in 2021: Oversized ATV. A registered. shall present certification from the
person may not register an oversized C. When there is a change of ownership commander of the post, station
ATV except as provided in this subsec- of an all-terrain vehicle for which or base, or from the commander’s
tion. A resident who has registered an a registration has previously been designated agent, that the member
oversized ATV prior to January 1, 2022 issued, the new owner shall apply for is permanently stationed at that
may continue to register that oversized a new registration and shall pay the post, station or base. Registration
ATV upon payment of the fee specified applicable fee under subsection 5.
fees for registrations pursuant to
in subsection 5, paragraph A, and upon a 8-A. Updated law in 2021: Registration this subsection must be allocated
transfer of ownership of that registered inspection. An owner or operator of as if the person registering the ATV
oversized ATV, the new Maine resident an ATV shall present a registration
owner may also register that oversized was a resident of the municipality
certificate or an online registration
ATV upon payment of the fee speci- in which the post, station or base is
receipt for inspection by any law
fied in subsection 5, paragraph A. For enforcement officer on demand. An situated.
purposes of this subsection, “oversized owner or operator of an ATV may 12. New law in 2021: Review of ATV
ATV” means an ATV that is wider than present a registration certificate or an registration fees and trail mainte-
65 inches or weighs more than 2,000 online registration receipt in electron- nance needs. In consultation with the
pounds according to the manufacturer’s ic form. Department of Agriculture, Conser-
specifications. vation and Forestry, the department
8-B. Notification of destroyed, aban-
5-C. New law in 2021: Antique ATV. A doned, stolen, or permanently shall review ATV registration fees
person who owns an antique ATV may removed ATV. The registrant shall and maintenance needs of designated
register that ATV under this subsection notify the commissioner if an ATV state-approved ATV trails in 2022 and
as an antique ATV. Notwithstanding is destroyed, abandoned, stolen, or 2023 and every 2 years thereafter. The
subsection 5, the fee for an antique ATV permanently removed from the State. Commissioner of Inland Fisheries and
registration is $45. An antique ATV Wildlife shall report the findings and
9. Display of registration numbers. recommendations from the review to
registration is valid until the ownership
Each new ATV sold in the State must the joint standing committee of the
of the ATV is transferred to another
have a space 6 inches in width by 3½ Legislature having jurisdiction over
person. Upon the transfer of ownership,
inches in height provided on the front inland fisheries and wildlife matters
the new owner may reregister that ATV
and rear of the machine, as high above by February 1st each year a review is
as an antique ATV by paying the $45
the tires as possible, for the vertical required. The committee may report
antique ATV registration fee. Notwith-
display of the registration numbers. out legislation related to ATV regis-
standing section 10206, all registration
A person may not operate an ATV that tration fees and maintenance needs of
fees for antique ATVs must be deposited
is required to be registered under this ATV trails to the session of the Legis-
in the General Fund.
section unless registration numbers lature in which the report is received.
6. Duplicate registration certificate. in the form of stickers are displayed in
The holder of a registration certificate these spaces or as otherwise required §13157-A – Operation of ATVs
issued under this section may obtain a by the department. A person may op- 1-A. Updated law in 2021: Permission
duplicate registration from the commis- erate an ATV registered online without required. A person may not operate
sioner upon application and payment displaying a registration number until an ATV on the land of another without
of a duplicate fee of $1. If a sticker has that person receives the registration the permission of the landowner or
been misplaced, a new sticker and a new certificate from the department or lessee. Permission is presumed on
registration matching the new sticker for 30 days after registering the ATV designated state-approved ATV trails
number must be obtained at a fee of $1 online, whichever occurs first. or in areas open to ATVs by landowner
each. Agent fee also applies to all dupli-
10. Training and education. The de- policy. A landowner or lessee may limit
cates.
partment shall provide training and the use of a designated state-approved
7. Transfer of ownership, discontinu- education relating to ATVs. ATV trail on that landowner’s or
ance of use. A transfer of ownership or lessee’s property through agreements
11. Members of the armed forces
discontinuance of use of an all-terrain with the State or an ATV club to
permanently stationed in the State
vehicle is subject to this subsection. address environmental, public safety
of Maine. The following persons are
A. Whoever transfers the ownership or eligible to register any ATV owned by or management concerns, including by
discontinues the use of a registered them at the resident fee: limiting the type, size and weight of
all-terrain vehicle shall, within 10 ATVs permitted on the landowner’s or
A. A person serving in the Armed lessee’s property. A person operating
days, properly sign the registration,
Forces of the United States who is an ATV, including an oversized ATV, on
indicate the disposition of the all-ter-
permanently stationed at a military designated state-approved ATV trails
rain vehicle and return the registra-
or naval post, station or base in the shall adhere to limitations imposed by
tion to the commissioner.
State; and a landowner or lessee and the State on
B. An all-terrain vehicle owner who
B. The spouse and children of the that part of the designated state-ap-
transfers ownership or discontinues
person described in paragraph A, proved ATV trail on the landowner’s
its use may, within 10 days from the
provided that the spouse and chil- or lessee’s property in accordance with
date of transfer or discontinuance,
dren permanently reside with that this subsection. Written permission of
apply to the commissioner for regis-
person. the landowner or lessee is required for
tration of another all-terrain vehicle.
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use of an ATV on cropland or pasture- under this paragraph may not be provided been so declared by a police agency
land or in an orchard. As used in this from the Highway Fund. having jurisdiction and when travel
subsection, “cropland” means acreage by conventional motor vehicles is not
4. Unlawfully operating ATV on snow-
in tillage rotation, land being cropped practicable.
mobile trail. A person may not operate
and land in bush fruits and “pasture- F. An ATV may be operated on streets
any 4-wheel-drive vehicle, dune buggy,
land” means acreage devoted to the and public ways in special events of
all-terrain vehicle, motorcycle or any
production of forage plants used for limited duration conducted according
other motor vehicle, other than a snow-
animal production. For purposes of to a prearranged schedule under a
mobile and appurtenant equipment, on
this subsection, “oversized ATV” has permit from the governmental unit
snowmobile trails that are financed in
the same meaning as defined in sec- having jurisdiction.
whole or in part with funds from the
tion 13155, subsection 5-B. Nothing
Snowmobile Trail Fund, unless that use G. An ATV may be operated on a public
in this subsection may be construed
has been authorized by the landowner or way on the extreme right of the trav-
to limit or expand a landowner’s or
the landowner’s agent, or unless the use eled way by a law enforcement officer
lessee’s property rights.
is necessitated by an emergency involv- for the sole purpose of traveling
2. Stop and identify requirement. ing safety of persons or property. between the place where the ATV is
Persons operating ATVs upon the usually stored and an area to be pa-
Exception: ATV’s with tracks, registered
land of another shall stop and identify trolled by the law enforcement officer.
as snowmobiles can be operated on a
themselves upon the request of the
snowmobile trail. H. Notwithstanding paragraphs A to
landowner or the landowner’s duly
authorized representative. 5. Repealed G, an ATV may be operated on the
extreme right of a public way, or as
3. Operating ATV upon controlled 5-A. Operating a motor vehicle on an
directed by the appropriate govern-
access highway. The following provi- ATV trail. A person may not operate a
mental unit within the public way,
sions govern the operation of ATVs on motor vehicle as defined in Title 29-A,
of a municipality or an unorganized
controlled access highways. section 101, subsection 42 on a desig-
or unincorporated township if the
nated ATV trail that is not on a gravel
A. A person may not operate an ATV appropriate governmental unit has
road system unless authorized by the
upon a controlled access highway designated the public way as an
landowner or landowner’s agent, or in
or within the right-of-way limits of ATV-access route. An ATV must travel
an emergency involving the safety of a
a controlled access highway, except in the same direction as motor vehicle
person or property.
that: traffic on a public way designated as
6. Operating ATV on public way. Except an ATV access route. A public way des-
(1) A person on a properly regis-
as provided in this subsection, a person ignated by an appropriate governmen-
tered ATV may cross controlled
may not operate an ATV, other than an tal unit as an ATV-access route must
access highways by use of
ATV registered with the Secretary of be posted conspicuously at regular
bridges over or roads under
State under Title 29-A, on any portion of intervals by that governmental unit
those highways or by use of
a public way maintained or used for the with highly visible signs designating
roads crossing controlled access
operation of conventional motor vehicles the ATV-access route.
highways at grade;
or on the sidewalks of any public way.
(2) The Commissioner of Transpor- Before designating a public way as
A. A properly registered ATV may be an ATV-access route, the appropriate
tation may issue special permits
operated on a public way only the governmental unit shall make appropriate
for designated crossings of
distance necessary, but in no case
controlled access highways. determinations that ATV travel on the
to exceed 500 yards, on the extreme
(3) A person on a properly regis- right of the traveled way for the extreme right of the public way, or as
tered ATV may operate the ATV purpose of crossing, as directly as pos- directed by the appropriate governmen-
within the right-of-way limits of sible, a public way, bridge, overpass, tal unit within the public way may be
a controlled access highway on underpass, sidewalk or culvert as long conducted safely and will not interfere
a trail segment approved by the as that operation can be made safely with vehicular traffic on the public way. For
Commissioner of Transportation and does not interfere with traffic purposes of this paragraph, “appropriate
or the board of directors of the approaching from either direction on governmental unit” means the Department
Maine Turnpike Authority, as the public way. of Transportation, county commissioners
applicable. or municipal officers within their respec-
B. Repealed.
At the request of the Commissioner of C. An ATV may be operated on any por- tive jurisdictions. The jurisdiction of each
Agriculture, Conservation and Forestry, tion of a public way when the public appropriate governmental unit over public
the Commissioner of Transportation or the way has been closed in accordance ways pursuant to this paragraph is the
board of directors of the Maine Turnpike with Title 23, section 2953. same as its jurisdiction over the passage
Authority, as applicable, may permit D. An ATV may be operated on a public of vehicles on public ways pursuant to
construction of an ATV trail within the way that is not maintained or used Title 29-A, section 2395. Municipal or
right-of-way of a controlled access highway for the operation of conventional county law enforcement officials having
under the jurisdiction of the Department motor vehicles, except that operation jurisdiction have primary enforcement
of Transportation or the Maine Turnpike on the left side of the way is prohib- authority over any route established under
Authority being constructed on or after ited during the hours from sunset to this paragraph.
January 1, 2016 when there is an ability to sunrise.
provide for the continuity of a state-owned E. An ATV may be operated on streets
or state controlled network of ATV trails. and public ways during a period of
Funds for the construction of an ATV trail emergency when the emergency has
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