An Act To Implement the Recommendations of the Governor's Task Force on A TV Issues
Maine Legislature, Session 121, LD 1912
Committee: Inland Fisheries and Wildlife
Sponsors: LANDRY, BRYANT, CLARK, DUNLAP, TOBIN, WATSON, WHEELER, WOTTON, CARPENTER, KNEELAND
Amends: 12 MRSA §13157

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1912 
H.P.1413 
House of Representatives, March 9, 2004 
An Act To Implement the Recommendations of the Governor's Task 
Force on A TV Issues 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
'17/~ 'frl. 7lloc~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LANDRY of Sanford. (GOVERNOR'S BILL) 
Cosponsored by Senator BRYANT of Oxford and 
Representatives: CLARK of Millinocket, DUNLAP of Old Town, TOBIN of Dexter, 
WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton, Senators: CARPENTER of 
York, KNEELAND of Aroostook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §13157, sub-§I, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by Pt. 0, §7, is repealed. 
Sec. 2. 12 MRSA §13157, sub-§I-A is enacted to read: 
l-A. 
Pennission required. 
A person may not operate an ATV 
on 
the 
land of 
another 
without 
the 
landowner's 
permission. 
Permission is presumed where ATV trails exist or in areas open to 
ATVs by landowner policy if the trails or policy is conspicuously 
posted: 
except that written permission of 
the 
landowner 
is 
required on cropland or pasture land or in an orchard. 
A person who violates this subsection commits a civil violation 
for which a fine of not less than $100 nor more than $500 may be 
adjudged. 
Sec. 3. Legislation authorized. 
The Joint Standing Committee on 
Inland Fisheries 
and Wildlife may 
submit legislation to the 
or more of the following: 
1. 
Create an ATV 
law enforcement grant program to make 
enforcement grants to the warden service as well as to other 
enforcement 
agencies; 
and 
dedicate 
the 
Department 
of 
Inland 
Fisheries and Wildlife's ATV gas tax revenues under the Maine 
Revised Statutes, 
Title 
36, 
section 
2903-0 
to 
the 
ATV 
law 
enforcement grant program; 
2. 
Broaden the purpose of the ATV Recreational Management 
Fund 
to 
allow 
for 
ATV 
trail 
or 
sport 
riding 
facility 
acquisition, purchase or lease of real estate and acquisition of 
easements for ATV operation; 
3. 
Authorize a mud season closure for ATV trails by the 
State under established guidelines. 
Violation of this provision 
would be a civil violation subject to a $100 to $500 fine; 
4. 
Require brake lights on all ATVs. 
Violation of this 
provision would be a civil violation subject to a $100 to $500 
fine; 
5. 
Prohibit snorkel kits and similar kits designed to allow 
ATV use in deep water, except at sanctioned events or with a 
landowner's permission. 
Violation of this provision would be a 
civil violation subject to a $100 to $500 fine; 
6. 
Change the maximum allowable 
ATV 
sound level to 
decibels in a 20-inch test, to reflect national standards; 
Page l-LR2788(1) 
7. 
Require visible identification on both the front and 
rear of all ATVs. 
Violation of this provision would be a civil 
violation subject to a $100 to $500 fine; 
8. 
Add rivers, brooks, streams, great ponds, nonforested 
wetlands, 
vernal pools 
and source water protection areas of 
public drinking water supplies to the list of areas where ATV 
operation is prohibited. 
This prohibition must have an exception 
allowing for needed maintenance and management authorized by the 
landowner; 
9. 
Increase the penalty for failure of an ATV operator to 
stop for a law enforcement officer to a Class D crime with a 
mandatory $1, 000 fine. 
Attempting to elude a 
law enforcement 
officer would raise the violation to a Class C crime; 
10. 
Establish accident forms that individuals may fill out 
themselves for ATV accidents involving minor personal injury; 
11. 
Add destruction of signs and posted notices to the 
current provision regarding abuse of another person's property by 
an ATV operator; 
12. 
Prohibita child under 10 years of age from operating 
an 
A1;V, 
unless it is on land owned by the child's parents, 
grandparents or guardian, or the child is at an approved ATV 
safety-training site; 
13. 
Require a parent or guardian to attend ATV training 
with children 15 years of age or under; 
14. 
Require mandatory safety and ethics training, or repeat 
training, for all ATV operators who are convicted of the most 
serious 
ATV 
offenses, 
such 
as 
OUI, 
driving to 
endanger 
and 
criminal trespass, and ethics training for those who commit less 
serious 
ATV 
offenses; 
and 
give 
the 
Commissioner 
of 
Inland 
Fisheries and Wildlife the authority to revoke any department 
license, registration or safety certificate of a person who does 
not comply; 
15. 
necessary, 
access for 
Create a legislative study group to review and, if 
modify statutes so that allowing public recreational 
ATV operators does not compromise landowners' rights; 
16. 
Authorize an ATV task force or create an ATV advisory 
committee 
that 
includes 
representatives 
of 
state 
agencies, 
Legislators 
and outdoor organizations to continue efforts to 
resolve ATV problems; 
17. 
Change the law regarding payment of sales 
prior to ATV 
registration to parallel provisions 
snowmobiles; 
and 
repeal 
the 
law that allows 
for 
and use tax 
relating to 
a 
IS-month 
registration; 
18. 
Encourage 
membership 
in 
ATV 
clubs 
by 
offering 
a 
discounted registration for ATV club members; 
19. 
Require ATV safety training for persons 18 years of age 
and under; 
20. 
Distribute state ATV revenues from registration fees in 
the 
same 
way 
as 
snowmobile 
registration 
fee 
revenues, 
with 
percentages dedicated to the Department of Inland Fisheries and 
Wildlife for law enforcement and safety, to the Department of 
Conservation for trail grants and equipment and to towns in lieu 
of personal property tax; 
2l. 
eligibility 
reimburse 
caused 
by 
identified 
clear 
or 
to 
orchards 
not 
be 
Establish 
a 
damage 
mitigation 
fund 
with 
guidelines 
to 
repair 
environmental 
damage 
landowners 
for 
damage 
to crops, 
trees or 
ATV 
operators, 
when 
those 
operators 
can 
or prosecuted; 
22. 
Dedicate 10% of the total ATV registration fees to 
Department 
of 
Inland Fisheries 
and Wildlife 
safety efforts, 
including 
ATV 
training 
courses, 
ATV 
education, 
ATV 
public 
awareness and a grant program to encourage innovative community 
ATV safety programs; 
23. 
Dedicate all fines from violations of ATV laws to ATV 
education, enforcement and trail programs; 
24. 
Make ATV violations count as points against a driver's 
license based on the seriousness of the violation; 
2S. 
Make an ATV OUI part of an ATV operator's motor vehicle 
record so that that information is available for law enforcement 
officers during a motor vehicle license check; 
26. 
Make the minimum-age requirements for operating boats, 
snowmobiles and ATVs consistent; 
27. 
Authorize S regional part-time employees to work up to 
a total of 1,000 hours annually assisting the Department of 
Conservation, 
Bureau 
of 
Parks 
and 
Lands, 
Off-Road 
Vehicle 
Division to develop clubs 
and trails 
and 
work 
on 
landowner 
concerns or problems; and 
28. 
Pending 
state 
insurance 
review, 
provide 
at 
least 
$2,000,000 of liability protection for landowners. 
SUMMARY 
This bill clarifies that a person operating an ATV on the 
land of another must have the permission of the landowner. 
The bill also authorizes the Joint Standing Committee on 
Inland Fisheries and Wildlife to submit legislation to the Second 
Special Session of the l2lst Legislature to accomplish one or 
more of the recommendations that emerged from the Governor's task 
force on ATV issues.