ATV & SNOWMOBILE - Maine.gov

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                        S         U           M          M           A          R          Y                    O    F

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

                      L AWS
                                                                  MAINE 2017-18

MAINE DEPARTMENT OF INLAND FISHERIES & WILDLIFE
Information contained within this publication is subject to change after printing and may not be valid
after 2November
        0 1 7 - 1 8 2018.
                     S TATFor
                           E the
                              O Fmost
                                  M Aup
                                      I NtoEdate
                                             S Uinformation
                                                 MMARY O     please
                                                               F L visit
                                                                    AW our
                                                                         S &website
                                                                              RULE  atSmefishwildlife.com.
                                                                                        AT V & S N O W M O B I L E
K N O W YO U R T R A I L M A R K E R S

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

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

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

                  Indicates trail is CLOSED to ATV use.

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

                   Indicates that trail is CLOSED to snowmobile use.

                   Indicates trail is CLOSED to motorcycles.

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

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

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

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

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

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ATV & SNOWMOBILE SAFETY                         3

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

                                                         36"                                     110 tons

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4   ATV & SNOWMOBILE SAFETY

    WHAT WE DO WHEN NO ONE IS WATCHING
    The Maine Department of Inland Fisheries and Wildlife encourages all land users to
    voluntarily seek permission whenever possible. In turn, the Outdoor Partners landowner
    relations program would ask all landowners to consider using the courtesy card system.
    Land user’s respect for the property rights of the landowner will lead to positive and
    cooperative relations—and a positive, productive experience. It’s not only a courtesy —
    it’s the right thing to do.
    For more information call the Landowner Relations Coordinator, Rick LaFlamme, at
    (207) 287-5240 or visit mefishwildlife.com. ■

      OPERATING UNDER THE INFLUENCE

       Prohibition. Prohibitions against operat-   If that person was adjudicated within         Administering chemical tests; test
       ing under the influence are as follows:     the previous 6-year period for failure        results; evidence; reporting; immu-
       A person may not operate or attempt to      to comply with the duty to submit to          nity blood or breath test. If the law
       operate a recreational vehicle:             and complete a blood-alcohol test under       enforcement officer has probable cause
       • While under the influence of intoxicat-   section 10702, subsection 1, the fine may     to believe a person hunted wild animals
         ing liquor or drugs or a combination of   not be less than $500. A conviction under     or wild birds or operated or attempted to
         liquor and drugs;                         this paragraph must include a period of       operate a watercraft, snowmobile, or ATV
       • If 21 years of age or older, while having incarceration of not less than 48 hours,      while under the influence of intoxicating
         0.08% or more by weight of alcohol in     none of which may be suspended, when          liquor, then the officer shall inform the
         that person’s blood; or                   the person:                                   person that a breath test will be admin-
       • If less than 21 years of age, while having• Was tested as having a blood-alcohol        istered, unless, in the determination of
         any amount of alcohol in the blood.         level of 0.15% or more;                     the officer, it is unreasonable for a breath
       Penalties. A person who violates this       • Failed or refused to stop upon request      test to be administered, in which case a
                                                     or signal of an officer in uniform,         blood test must be administered. When
       section commits a Class D crime. In
                                                     pursuant to section 6953 or 10651,          a blood test is required, the test may
       determining an appropriate sentence, re-
                                                     during the operation that resulted in       be administered by a physician of the
       fusal to submit to a chemical test must in    prosecution for operating under the
       every case be an aggravating factor. In the                                               accused’s choice, at the request of the
                                                     influence or with a blood-alcohol level     accused and if reasonably available. The
       following cases the following minimum         of 0.08% or more; or
       penalties apply.                                                                          law enforcement officer may determine
                                                   • Failed to submit to a chemical test to      which type of breath test, as described
       A. In the case of a person having no          determine that person’s blood-alcohol       in subsection 5 will be administered. For
       previous convictions of a violation of        level or drug concentration, requested
                                                                                                 more detailed information see Title 12,
                                                     by a law enforcement officer on the
       subsection 1-A within the previous 6-year                                                 chapter 911, subsection 10703.
                                                     occasion that resulted in the conviction.
       period, the fine may not be less than $400.

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

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6   LAWS & RULES: LIABILITY

    Title 14 MRSA, §7552                            Title 17-A MRSA, §402                           • In addition, landowners may also, either
                                                                                                      verbally or in writing, personally commu-
    Injury to land, forest products                 Criminal trespass                                 nicate to others that access is prohibited.
    or agricultural products                        Property is posted if it is marked with signs    Remember, it is unlawful to remove,
    Without permission of the owner, a person       or paint in one of the following ways and in     mutilate, deface or destroy a sign or paint
    may not cut down, damage, destroy or            a manner that is reasonably likely to come       mark that is placed in order to prohibit or
    carry away any forest product, ornamental       to the attention of an intruder:                 restrict access; and it is unlawful to post
    or fruit tree, agricultural products, stones,   • Signs must indicate that access is pro-        the land of another without permission
    gravel, ore, goods or property of any kind        hibited, that access is prohibited without     of the landowner.
    from land not that persons own.                   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 intentional-     inches in length means “Access by Per-         responsible for the care of that minor are
    ly, knowingly, recklessly or negligently cut      mission Only” when it is placed on trees,      jointly and severally liable with the minor
    down or fell any tree without the consent         posts or stones between three and five         for any damages caused in the operation
    of the owner of the property on which the         feet off the ground.                           of the recreational vehicle by that minor.
    tree stands. Department of Transportation,       These signs or paint stripes must mark          These portions of the revised statutes
    Public Utilities and municipal employees         the property at distances no more than          are summarized. For full text refer to
    are exempt when working official capacity.       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                                                                                           DEFINITIONS

                                                                                                        RESIDENT means a citizen of the
                                                                                                        United States or an alien who has
  ALL-TERRAIN VEHICLES (ATV) REGISTRATION FEES & AGE REQUIREMENTS                                       been domiciled in the state for one
                                                                                                        year who:
  RESIDENTS                                                 NONRESIDENTS                                • If registered to vote, is registered
                                                                                                          in this state.
  $33*                                                     Season: $68*                                 • If licensed to drive a motor vehi-
  Prior to registration, sales or use taxes are due.       7-Day: $53*                                    cle, has made application for or
                                                                                                          possesses a motor vehicle opera-
  AGE REQUIREMENTS**                                                                                      tor’s license issued by the state.
                                                                                                        • If owning a motor vehicle located
  A person under 10 years of age may not operate an ATV.                                                  within the state, has registered
                                                                                                          each such vehicle in the state.
  A person 10 years of age or older but under 16 years of age may not operate an ATV                    • Is in compliance with the state
  unless that person has successfully completed a training course approved by the                         income tax laws.
  department and is accompanied by an adult.                                                            • Is a full-time student at a Maine
                                                                                                          college or university who satisfies
  A person under 16 years of age may not cross a public way maintained for travel unless                  above requirements.
  the crossing is in accordance with section 13157-A, subsection 6, paragraph A (page
  11) and the person satisfies the requirements of 13154-A, subsection 3 (page 9).                      NONRESIDENT means a citizen
                                                                                                        of the United States who does not
  The season registration for an ATV is valid for one year, commencing on July 1st of each year.        fall within the definition of alien or
  *Plus agent fee.                                                                                      resident.
  **This does not apply to the operation of an ATV on a) Land on which the operator is domi-           ALIEN means a person who is not
     ciled; b) Land owned or leased by the operator’s parent or guardian; or c) A safety training       a citizen of the United States.
     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 10-12, 2018            Dwelling. “Dwelling” means any building        Public Way. “Public Way” means any road
    During Free ATV weekend a nonresident           used as a permanent residence or place of      capable of carrying motor vehicles, includ-
    may operate in Maine on an ATV that is          domicile.                                      ing, but not limited to, any state highway,
    not registered in Maine if the nonresident’s    Freshwater marshes and bogs. “Fresh-           municipal road, county road, unincorporat-
    ATV has a valid registration from another       water marshes and bogs” means naturally        ed territory road, or other road dedicated
    state or a Canadian province.                   occurring open areas with saturated soils      to the public.
                                                    or peat, often associated with standing        §13002 – Collection by
    Title 12, Chapter 933                           water and dominated by low herbaceous
                                                    vegetation, grasses, weeds and shrubs
                                                                                                   Commissioner
    §13001 – Definitions                                                                           The commissioner or agents of the commis-
    As used in this subpart, unless the context     and including wetlands, as shown on the
                                                    Freshwater Wetlands Map Series, Division       sioner shall act on behalf of the State Tax
    otherwise indicates, the following terms                                                       Assessor to collect the use tax due under
    have the following meanings.                    of Geology, Natural Areas and Coastal
                                                    Resources, Maine Geological Survey, or         Title 36, chapters 211 to 225 in respect to
    Accompanied by adult. “Accompanied by           zoned as a Wetland Protection Subdistrict,     any ATV for which an original registration
    an adult” means, with respect to operation      P-WL, by the Maine Land Use Planning           is required under this Title at the time and
    of an ATV, within visual and voice contact      Commission.                                    place of registration of that ATV.
    and under the effective control of a child’s                                                   All taxes collected pursuant to this section
    parent or guardian or another person 21         Operate. “To operate,” in all its moods and
                                                    tenses, when it refers to an ATV, means        must be transmitted forthwith to the
    years of age or older.                                                                         Treasurer of State and credited to the
                                                    to use an ATV in any manner within the
    All-terrain vehicle or ATV. “All-terrain        jurisdiction of the State, whether or not      General Fund as undedicated revenue.
    vehicle” or “ATV” means a motor- driven,        the vehicle is moving.                         The Legislature shall appropriate to the
    off-road, recreational vehicle capable of                                                      department in each fiscal year an amount
    cross-country travel on land, snow, ice,        Operator. “Operator” means the person          equal to the administrative costs incurred
    marsh, swampland or other natural terrain.      who is in control or in charge of an ATV       by the department in collecting revenue
    “All-terrain vehicle” or “ATV” includes, but    while it is in use.                            under this section. Those administrative
    is not limited to, a multitrack, multiwheel     Owner. “Owner” means: For the purposes         costs must be verified by the Department
    or low-pressure tire vehicle; a motorcycle      of registration of an ATV, a person holding    of Administrative and Financial Services.
    or related 2-wheel, 3-wheel or belt-driven      title to an ATV.                               For purposes of this section, “original
    vehicle; an amphibious machine; or other                                                       registration” means any registration other
                                                    Private Way. “Private Way” means a
    means of transportation deriving motive                                                        than a renewal of registration by the same
                                                    private road, driveway, or public easement.
    power from a source other than muscle or                                                       owner.
                                                    “Public easement” means an easement held
    wind. For purposes of this subpart, “all-ter-
                                                    by a municipality for purposes of public
    rain vehicle” or “ATV” does not include
                                                    access to land or water not otherwise          §13003 – Payment of sales or use
    an automobile as defined in Title 29-A,                                                        tax prerequisite to registration
                                                    connected to a public way, and includes all
    section 101, subsection 7; an electric per-                                                    2. Registration of ATV. Prior to registering
                                                    rights enjoyed by the public with respect to
    sonal assistive mobility device as defined in                                                     an ATV, an agent of the commissioner
                                                    private ways dedicated to the public.
    Title 29-A, section 101, subsection 22-A; a                                                       shall collect sales or use tax due. Sales or
    truck as defined in Title 29-A, section 101,    Protective headgear. “Protective head-
                                                                                                      use tax is due unless:
    subsection 88; a snowmobile; an airmobile;      gear” means a helmet that conforms with
    a construction or logging vehicle used in       minimum standards of construction and
    performance of its common functions; a          performance as prescribed by the American
    farm vehicle used for farming purposes; or      National Standards Institute specification
    a vehicle used exclusively for emergency,       Z90.1 or by the Federal Motor Vehicle
    military, law enforcement or fire control       Safety Standard No. 218.
    purposes.
    Alpine tundra. “Alpine tundra” means high
    elevation, treeless areas beyond the timber-
    line that are dominated by low herbaceous
    or shrubby vegetation and, specifically,
    areas that are designated as alpine tundra
    by the Department of Agriculture, Con-
    servation and Forestry by rule pursuant to
    Title 5, chapter 375, subchapter 2.

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

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

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

  §13155 – Registration                                         tion event and shall include a        C. When there is a change of ownership
  1-A. Operating unregistered ATV. Except                       description and the location of           of an all-terrain vehicle for which
       as provided in paragraph A, a person                     the event.                                a registration has previously been
       may not operate an ATV that is not          2. Reciprocity. Reciprocity was repealed in            issued, the new owner shall apply for
       registered in accordance with subsec-          2004 so there are no longer reciprocal              a new registration and shall pay the
       tion 3.                                        privileges for ATV registrations. A Maine           applicable fee under subsection 5.
       A. The following exceptions apply.             ATV registration is required for nonres-      8-A. Registration inspection. An owner
                                                      idents to operate an ATV in the State of           or operator of an ATV shall present
          (1) Registration is not required for        Maine.                                             a registration certificate or an online
              an ATV operated on land on                                                                 registration receipt for inspection
              which the owner lives or on land     3. Application and issuance. The commis-
                                                      sioner, or an agent designated by the              by any law enforcement officer on
              on which the owner is domi-                                                                demand.
              ciled, as long as the ATV is not        commissioner, may register and assign
              operated elsewhere within the           a registration number to an ATV upon          8-B. Notification of destroyed, aban-
              jurisdiction of the State.              application and payment of an annual               doned, stolen, or permanently
                                                      fee by the owner. The commissioner                 removed ATV. The registrant shall
          (2) Registration is not required for        shall charge a fee of $1 in addition to the        notify the commissioner if an ATV
              an ATV operated by a commer-            annual fee for each registration issued            is destroyed, abandoned, stolen, or
              cial ski area for the purpose of        by an employee of the department.                  permanently removed from the State.
              packing snow or for rescue op-          The registration number in the form
              erations on the commercial ski                                                          9. Display of registration numbers.
                                                      of stickers issued by the commissioner             Each new ATV sold in the State must
              area, unless the ATV is required        must be clearly displayed on the front
              to cross a public way during that                                                          have a space 6 inches in width by 3½
                                                      and rear of the vehicle. A registration is         inches in height provided on the front
              operation.                              valid for one year commencing July 1st             and rear of the machine, as high above
          (3) An ATV owned and operated               of each year, except that any registration         the tires as possible, for the vertical
              in the State by the Federal             issued prior to July 1st but after May 1st         display of the registration numbers. A
              Government, the State or a              is valid from the date of issuance until           person may not operate an ATV that
              political subdivision of the State      June 30th of the following year                    is required to be registered under this
              is exempt from registration fees     4. Form of registration. An ATV regis-                section unless registration numbers
              but must be registered and is           tration must be in such form as the                in the form of stickers are displayed in
              required to display registration        commissioner may determine.                        these spaces or as otherwise required
              numbers.                                                                                   by the department. A person may op-
                                                   5. Fees. See page 7
          (4) An ATV registration for the                                                                erate an ATV registered online without
              farm use specified in Title          6. Duplicate registration certificate.                displaying a registration number until
              29-A, section 501, subsection           The holder of a registration certificate           that person receives the registration
              8, paragraph E is not required          issued under this section may obtain a             certificate from the department or
              for a vehicle registered with the       duplicate registration from the commis-            for 30 days after registering the ATV
              Secretary of State under Title          sioner upon application and payment                online, whichever occurs first.
              29-A, section 501, subsection 8.        of a duplicate fee of $1. If a sticker has
                                                      been misplaced, a new sticker and a new        10. Training and education. The de-
          (5) An ATV registered in another            registration matching the new sticker              partment shall provide training and
              state or in a Canadian province         number must be obtained at a fee of $1             education relating to ATVs.
              may be operated without being           each. Agent fee also applies to all dupli-     11. Members of the U.S. Armed Forces
              registered pursuant to this sec-        cates.                                             permanently stationed in the State
              tion at a special event organized                                                          of Maine. The following persons are
              to occur in this State if the        7. Transfer of ownership, discontinu-
                                                      ance of use. A transfer of ownership or            eligible to register any ATV owned by
              special event organizer submits                                                            them at the resident fee:
              a request in writing to the             discontinuance of use of an all-terrain
              commissioner 60 days prior to           vehicle is subject to this subsection.              A. Any person serving in the Armed
              the special event and provides          A. Whoever transfers the ownership or                  Forces of the United States who is
              the commissioner with a map of             discontinues the use of a registered                permanently stationed at a military
              the trails to be used during the           all-terrain vehicle shall, within 10                or naval post, station or base in the
              special event and the commis-              days, properly sign the registration,               State; and
              sioner approves the request.               indicate the disposition of the all-ter-         B. The spouse and children of the
          (6) An ATV owned or under the                  rain vehicle and return the registra-               person described in paragraph A,
              control of an ATV manufac-                 tion to the commissioner.                           provided that the spouse and chil-
              turer may be operated with-             B. An all-terrain vehicle owner who                    dren permanently reside with that
              out a Maine registration at a              transfers ownership or discontinues                 person.
              demonstration event organized              its use may, within 10 days from the               A member of the armed forces
              to occur in this State if such             date of transfer or discontinuance,                described in paragraph A who
              operation is approved by the               apply to the commissioner for regis-               desires to register an ATV shall
              commissioner. An ATV man-                  tration of another all-terrain vehicle.            present certification from the
              ufacturer or a representative              The fee for the transfer is $4, and the            commander of the post, station
              of an ATV manufacturer must                registration is valid for the remainder
                                                                                                            or base, or from the commander’s
              submit a request in writing to             of the registration year for which the
                                                         previous all-terrain vehicle had been              designated agent, that the member
              the commissioner at least 60
              days prior to the demonstra-               registered.                                        is permanently stationed at that
                                                                                                            post, station or base. Registration
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LAWS & RULES: ALL-TERRAIN VEHICLE (ATV) 11

        fees for registrations pursuant to                  Maine Turnpike Authority, as            ited during the hours from sunset to
        this subsection must be allocated                   applicable.                             sunrise.
        as if the person registering the ATV    4. Unlawfully operating ATV on snow-             E. An ATV may be operated on streets
        was a resident of the municipality         mobile trail. A person may not operate           and public ways during a period of
        in which the post, station or base is      any 4-wheel-drive vehicle, dune buggy,           emergency when the emergency has
        situated.                                  all-terrain vehicle, motorcycle or any           been so declared by a police agency
                                                   other motor vehicle, other than a snow-          having jurisdiction and when travel
§13157-A – Operation of ATVs                       mobile and appurtenant equipment, on             by conventional motor vehicles is not
1-A. Permission required. A person may             snowmobile trails that are financed in           practicable.
     not operate an ATV on the land of             whole or in part with funds from the          F. An ATV may be operated on streets
     another without the permission of the         Snowmobile Trail Fund, unless that use           and public ways in special events of
     landowner or lessee. Permission is pre-       has been authorized by the landowner or          limited duration conducted according
     sumed on designated state approved            the landowner’s agent, or unless the use         to a prearranged schedule under a
     ATV trails or in areas open to ATVs by        is necessitated by an emergency involv-          permit from the governmental unit
     landowner policy. A landowner may             ing safety of persons or property.               having jurisdiction.
     limit the use of a designated state-ap-       Exception: ATV’s with tracks, registered      G. An ATV may be operated on a public
     proved ATV trail on that landowner’s          as snowmobile can be operated on a               way on the extreme right of the trav-
     property through agreements with              snowmobile trail.                                eled way by a law enforcement officer
     the State or an ATV club to address
                                                5. Repealed                                         for the sole purpose of traveling
     environmental, public safety or man-
                                                5-A. Operating a truck, pickup truck or             between the place where the ATV is
     agement concerns. Written permission
                                                   passenger vehicle on an ATV trail. A             usually stored and an area to be pa-
     of the landowner or lessee is required
                                                   person may not operate a truck, pickup           trolled by the law enforcement officer.
     on cropland or pastureland or in an
     orchard. As used in this subsection,          truck, or passenger vehicle on a desig-       H. Notwithstanding paragraphs A to
     “cropland” means acreage in tillage ro-       nated ATV trail that is not on a gravel          G, an ATV may be operated on the
     tation, land being cropped and land in        road system unless authorized by the             extreme right of a public way, or as
     bush fruits, and “pastureland” means          landowner or landowner’s agent, or in an         directed by the appropriate govern-
     acreage devoted to the production of          emergency involving the safety of a per-         mental unit within the public way,
     forage plants used for animal produc-         son or property. For purposes of this law,       of a municipality or an unorganized
     tion. Nothing in this subsection may          “pickup truck” and “truck” have the same         or unincorporated township if the
     be construed to limit or expand a land        meaning as in Title 29-A section 101,            appropriate governmental unit has
     owners property rights.                       subsections 55 and 88 and “passenger             designated the public way as an
                                                   vehicle” means a self-propelled 4-wheel          ATV-access route. An ATV must travel
  2. Stop and identify requirement.
                                                   motor vehicle designed primarily to              in the same direction as motor vehicle
     Persons operating ATVs upon the
                                                   carry passengers on public roads.                traffic on a public way designated
     land of another shall stop and identify
                                                6. Operating ATV on public way. Except              as an ATV access route. A public
     themselves upon the request of the
                                                   as provided in this subsection, a person         way designated by an appropriate
     landowner or the landowner’s duly
                                                   may not operate an ATV, other than an            governmental unit as an ATV-access
     authorized representative.
                                                   ATV registered with the Secretary of             route must be posted conspicuously
  3. Operating ATV upon controlled                                                                  at regular intervals by that govern-
                                                   State under Title 29-A, on any portion of
     access highway. The following provi-                                                           mental unit with highly visible signs
                                                   a public way maintained or used for the
     sions govern the operation of ATVs on                                                          designating the ATV-access route.
                                                   operation of conventional motor vehicles
     controlled access highways.                                                                    Before designating a public way as
                                                   or on the sidewalks of any public way.
     A. A person may not operate an ATV                                                             an ATV-access route, the appropriate
                                                   A. A properly registered ATV may be              governmental unit shall make appro-
        upon a controlled access highway
                                                      operated on a public way only the             priate determinations that ATV travel
        or within the right-of-way limits of
                                                      distance necessary, but in no case            on the extreme right of the public
        a controlled access highway, except
                                                      to exceed 500 yards, on the extreme           way, or as directed by the appropriate
        that:
                                                      right of the traveled way for the             governmental unit within the public
        (1) A person on a properly regis-             purpose of crossing, as directly as pos-
            tered ATV may cross controlled                                                          way may be conducted safely and will
                                                      sible, a public way, bridge, overpass,        not interfere with vehicular traffic on
            access highways by use of                 underpass, sidewalk or culvert as long
            bridges over or roads under                                                             the public way. For purposes of this
                                                      as that operation can be made safely          paragraph, “appropriate governmen-
            those highways or by use of               and does not interfere with traffic
            roads crossing controlled access                                                        tal unit” means the Department of
                                                      approaching from either direction on          Transportation, county commission-
            highways at grade;                        the public way.                               ers or municipal officers within their
        (2) The Commissioner of Transpor-          B. Repealed.                                     respective jurisdictions. The jurisdic-
            tation may issue special permits                                                        tion of each appropriate governmen-
                                                   C. An ATV may be operated on any por-
            for designated crossings of                                                             tal unit over public ways pursuant to
                                                      tion of a public way when the public
            controlled access highways.                                                             this paragraph is the same as its ju-
                                                      way has been closed in accordance
        (3) A person on a properly regis-             with Title 23, section 2953.                  risdiction over the passage of vehicles
            tered ATV may operate the ATV                                                           on public ways pursuant to Title 29-A,
                                                   D. An ATV may be operated on a public
            within the right-of-way limits of                                                       section 2395. Municipal or county law
                                                      way that is not maintained or used
            a controlled access highway on                                                          enforcement officials having juris-
                                                      for the operation of conventional
            a trail segment approved by the                                                         diction have primary enforcement
                                                      motor vehicles, except that operation
            Commissioner of Transportation                                                          authority over any route established
                                                      on the left side of the way is prohib-
            or the board of directors of the                                                        under this paragraph.
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12 LAWS & RULES: ALL-TERRAIN VEHIC LE (ATV)

    7. Failing to stop ATV before entering            (1) The ATV must have mounted on                A. This subsection does not apply when
       public way. A person shall bring an                the front at least one headlight               a person is operating an ATV on:
       ATV to a complete stop before enter-               capable of casting a white beam                (1) Public ways in accordance with
       ing a public way.                                  for a distance of at least 100 feet                subsections 3, 6, 7, 8, and 9;
   8. Failing to yield right-of-way while                 directly ahead of the ATV.
                                                                                                         (2) The frozen surface of any body of
      operating ATV. A person shall yield             (2) The ATV must have mounted on                       water; or
      the right-of-way to all other types of              the rear at least one taillight capa-
      vehicular traffic while operating an                ble of displaying a light that must            (3) Land that the operator owns or
      ATV on a public way.                                be visible at a distance of at least               is permitted to use.
   9. Crossing closed bridge, culvert,                    100 feet behind the ATV.                20. Repealed.
      overpass or underpass with ATV. A            B. The following are exceptions to the         21. Repealed.
      person may not cross with an ATV a              requirements of paragraph A.                22. Abuse of another person’s property.
      bridge, culvert, overpass or underpass          (1) Repealed.                                   A person may not while operating an
      closed to ATVs by the Commissioner                                                              ATV:
      of Transportation pursuant to this              (2) A person may operate an ATV
                                                          without a headlight and taillight            A. Tear down or destroy a fence or wall
      subsection. The Commissioner of
                                                          between sunrise and sunset.                     on another person’s land;
      Transportation may, following a public
      hearing, prohibit the crossing by an       17. Required use of ATV lights. Except as             B. Leave open a gate or bars on anoth-
      ATV of an individual bridge, culvert,          provided in section 13159, the follow-               er person’s land;
      overpass or underpass if the commis-           ing provisions govern the use of ATV              C. Trample or destroy crops on anoth-
      sioner determines that that crossing or        lights.                                              er person’s land; or
      use of a public way is hazardous. Any                                                            D. Remove or destroy signs or posted
                                                     A. A person shall use the lights
      bridge, culvert, overpass or underpass                                                              notices.
                                                        required under subsection 16 as
      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
      risk of serious bodily injury to another          (2) At any time when, due to                  with a notice of temporary closure in
      person.                                               insufficient light or unfavorable         accordance with this subsection. The
                                                            atmospheric conditions caused             notice must specify the section of trail
  11. Operating ATV to endanger. A person                                                             that is closed and the period of the clo-
                                                            by fog or otherwise, other per-
      may not operate an ATV so as to en-                                                             sure and must be conspicuously posted
                                                            sons, vehicles and other objects
      danger any person or property.                                                                  at each end of the closed section of the
                                                            are not clearly discernible for a
  12. Operating ATV at greater than rea-                    distance of 500 feet ahead.               trail.
      sonable and prudent speed. A person                                                         25. ATV noise and fire control devices.
                                                 18. Unlawfully operating ATV on railroad
      may not operate an ATV except at a                                                              The following provisions pertain to
                                                     tracks. This subsection governs opera-
      reasonable and prudent speed for the                                                            ATV muffling and fire control devices
                                                     tion of an ATV on railroad tracks.
      existing conditions.                                                                            and noise level limits.
                                                     A. A person may not:
  13. Operating ATV without protective                                                                A. Except as provided in section 13159,
      headgear. Notwithstanding Title 29-A,             (1) Operate an ATV along or adja-
                                                            cent and parallel to the tracks              a person may not:
      section 2083, a person under 18 years
      of age may not operate an ATV without                 of a railroad within the limits of           (1) Operate an ATV that is not
      protective headgear.                                  the railroad right-of-way without                equipped at all times with an
                                                            written permission from the rail-                effective and suitable muffling
  14. Carrying passenger on ATV without                                                                      device on its engine to effectively
                                                            road owning the right-of- way; or
      headgear. Notwithstanding Title 29-A,                                                                  deaden or muffle the noise of the
      section 2083, a person may not carry a            (2) Operate an ATV across the tracks
                                                            of a railroad after having been                  exhaust;
      passenger under 18 years of age on an
      ATV unless the passenger is wearing                   forbidden to do so by the railroad           (2) Operate or modify an ATV with
      protective headgear.                                  owning the railroad right-of- way                an exhaust system that has been
                                                            or by an agent of that railroad,                 modified in any manner that will
  15. Repealed                                                                                               increase the noise emitted above
                                                            either personally or by appropri-
  16. ATV headlight and taillight require-                  ate notices posted conspicuously                 the following emission standard:
      ments. This subsection establishes                    along the railroad right-of-way.                 (a) Each ATV must meet noise
      light equipment requirements for the                                                                       emission standards of the
                                                     B. Notwithstanding paragraph A, a
      operation of an ATV.                                                                                       United States Environmental
                                                        person may operate within the
       A. Except as provided in this subsec-            right-of-way of a portion of railroad                    Protection Agency and in no
          tion and section 13159, a person              line that has been officially aban-                      case exceed 96 decibels of
          may not operate an ATV in the                 doned under the authority of the                         sound pressure when mea-
          State, regardless of where pur-               Interstate Commerce Commission.                          sured from a distance of 20
          chased, unless equipped with front                                                                     inches using test procedures
                                                 19. Operating too close to certain build-
          and rear lights as follows.                                                                            established by the commis-
                                                     ings. A person may not operate an ATV
                                                     within 200 feet of a dwelling, hospital,                    sioner; or
                                                     nursing home, convalescent home, or                     (3) Operate an ATV without a
                                                     church.                                                     working spark arrester.

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

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

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