An Act to Require Permission for an A TV to Cross Private Land
Maine Legislature, Session 121, LD 0077
Committee: Inland Fisheries and Wildlife
Sponsors: KNEELAND
Amends: 12 MRSA §7826-A, 12 MRSA §7856, 12 MRSA §7857, 12 MRSA §7901-A

Legislative Document 
No. 77 
S.P.29 
In Senate, January 21, 2003 
An Act to Require Permission for an A TV to Cross Private Land 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator KNEELAND of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Under suspension of the rules, cosponsored by Representative CLARK of Millinocket and 
Senators: BRYANT of Oxford, STANLEY of Penobscot, YOUNGBLOOD of Penobscot, 
Representatives: BENNETT of Caribou, JACKSON of Fort Kent, LUNDEEN of Mars Hill, 
SHERMAN of Hodgdon, WOTTON of Littleton. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7826-A is enacted to read: 
§7826-A. 
Unlawfully operating motor vehicle on snowmobile 
trail 
A person is guilty of unlawfully operating a vehicle on a 
snowmobile 
trail if that person operates 
any 
4-wheel 
drive 
vehicle, 
dune buggy, motorcycle or other motor vehicle, other 
than 
a 
snowmobile 
and appurtenant eguipment, 
at any 
time on 
snowmobile trails that are financed in whole or in part with 
funds from the Snowmobile Trail Fund unless that use has been 
authorized by the landowner or the landowner's agent or unless 
the use is necessitated by 
an emergency involving safety of 
persons or property. 
Operation of an ATV on such a trail is 
governed by section 7856. 
A person 
who 
violates 
this 
subsection 
commits 
a 
civil 
violation for which a forfeiture of not less than $100 and not 
more than $500 may be adjudged. 
Sec. 2. 12 MRSA §7856, sub-§3 is enacted to read: 
3. 
Written permission required. 
A person may not operate 
an ATV upon land of another unless the person has the written 
permission of the landowner or the landowner's agent or unless 
the landowner specifically permits the operation of ATVs on the 
land without written permission. 
This subsection does not apply 
to the operation of an ATV on land owned by a federal, state or 
local 
governmental 
entity 
or 
on 
or 
across 
a 
railroad 
right-of-way. 
Operation of an ATV on or across a public way is 
governed by section 7857, subsections 5 and 24. 
Operation of an 
ATV on or across a railroad right-of-way is governed by section 
7857, subsections 18 and 24. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 and not more than 
$500 may be adjudged. 
Sec. 3. 12 MRSA §7857, sub-§3, as amended by PL 2001, c. 289, 
§l, is repealed. 
Sec. 4. 12 MRSA §7857, sub-§4, as enacted by PL 1983, c. 297, 
§§l and 3, is amended to read: 
4. 
Unlawfully operating ATV on private road. 
A person is 
guilty of unlawfully operating an ATV on a private road T 
if ae 
that person operates an ATV upon any private road after having 
been forbidden to do so by the owner thereof, the owner's agent 
Page l-LR0326(1) 
or 
a 
municipal official, either personally or by appropriate 
notices posted conspicuously on that road. 
A person operating an 
ATV 
on a private road is also subject to the provisions of 
section 7856, subsection 3. 
Sec. 5. 12 MRSA §7857, sub-§23, as enacted by PL 1983, c. 297, 
§§1 and 3, is repealed. 
Sec. 6. 12 MRSA §7901-A, sub-§12, ,C, as enacted by PL 2001, 
c. 421, Pt. B, 
§88 and affected by Pt. c, §1, is amended by 
repealing subparagraph (4). 
Sec. 7. 12 MRSA §7901-A, sub-§12, ,C, as enacted by PL 2001, c. 
421, 
Pt. 
B, 
§88 
and affected by Pt. 
C, 
§1, 
is amended by 
repealing subparagraph (24). 
SUMMARY 
This bill prohibits the operation of an ATV on private land 
without the written permission of the landowner or landowner's 
agent unless 
the 
landowner specifically permits 
ATVs 
without 
written permission. 
Current law includes a variety of provisions 
regarding the operation of an ATV on the land of another. 
The 
bill 
repeals 
or 
modifies 
these 
provisions 
to 
make 
the 
law 
consistent with the written-permission requirement. 
The bill 
also moves appropriate penalties into appropriate sections and 
repeals the penalties that applied to the provisions of law that 
are repealed by the bill. 
1. 
Current law prohibits operation of any motor vehicle, 
including an ATV, 
on snowmobile trails financed with funds from 
the Snowmobile Trail Fund unless operation has been authorized by 
the landowner or the landowner's agent or unless the use is 
necessitated by 
an 
emergency involving safety of persons 
or 
property. 
The bill amends the language to cross reference the 
written-permission requirement for 
ATV 
and moves 
the 
amended 
provision to a more appropriate section of the law. 
2. 
Current law prohibits a person from operating an ATV on 
a private road after having been forbidden to do so by the owner 
thereof, 
the 
owner's 
agent 
or 
a 
municipal 
official, 
either 
personally or by appropriate notices posted conspicuously on that 
road. 
The bill adds to this section a cross-reference to the 
written-permission requirement to clarify that a person who has 
not been forbidden to operate an ATV 
on the road still must 
obtain permission to operate on that road. 
3. 
Current law prohibits operation of an ATV on any crop 
land or pastureland without the 
permission of the 
owner 
or 
lessee. 
The bill repeals this provision as it is superseded by 
the broader written-permission requirement.