An Act To Impose Restrictions on the Operation of ATVs and Snowmobiles
Maine Legislature, Session 121, LD 0354
Committee: Inland Fisheries and Wildlife
Sponsors: CARPENTER, DUNLAP, TREAT, ANDREWS, CAMPBELL, COURTNEY, LANDRY, STONE, WHEELER
Amends: 12 MRSA §7053, 12 MRSA §7823-A, 12 MRSA §7827, 12 MRSA §7853-A, 12 MRSA §7854, 12 MRSA §7857, 12 MRSA §7901-A

Legislative Document 
No. 354 
S.P.130 
In Senate, January 30, 2003 
An Act To Impose Restrictions on the Operation of ATVs and 
Snowmobiles 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator CARPENTER of York. 
Cosponsored by Representative DUNLAP of Old Town and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: TREAT of Kennebec, Representatives: ANDREWS of York, CAMPBELL of 
Newfield, COURTNEY of Sanford, LANDRY of Sanford, STONE of Berwick, WHEELER of 
Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7053, sub-§2, 'E-l, as enacted by PL 1989, c. 
493, §6, is amended to read: 
and examine any all-terrain vehicle to ascertain 
is being operated in compliance with chapter 715, 
E-l. 
Stop 
whether it 
subchapter 
certificate 
and inspect 
completed a 
7853-A; 
IV' 
~, 
demand 
and 
inspect 
the 
operator's 
of registration and, 
when appropriate, 
demand 
evidence that the operator has satisfactorily 
training course as required by section 18§J 
Sec. 2. 12 MRS A §7823, as enacted by PL 1979, c. 420, §l, is 
repealed. 
Sec.3. 12 MRSA §7823-A is enacted to read: 
§7823-A. 
License and training; minimum age 
1. Minimum age. 
A person may not: 
A. 
Operate a snowmobile if that person is under 16 years of 
age; or 
B. 
Knowingly permit a 
person under 
years of age to 
operate a snowmobile. 
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. 
2. 
License required. 
A person 16 years of age or older may 
not 
operate 
a 
snowmobile 
unless 
that 
person 
has 
a 
valid 
operator's license issued under subsection 3. 
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. 
3. 
License issued. 
A snowmobile operator's license is 
valid for 5 years from date of issuance. 
The department may 
issue a snowmobile operator's license to a person who: 
A. 
Is 16 years of age or older; 
B. 
Has successfully completed a training program aI;1proved 
by the department that includes instruction on the safe 
operation 
of 
snowmobiles, 
the 
laws 
pertaining 
to 
snowmobiles, the effects of snowmobiles on the environment 
and 
ways 
to 
minimize 
those 
effects 
and 
courtesy 
to 
landowners and other recreationists and other materials as 
determined by the department; 
C. 
Has pas sed a written examination developed or approved 
by 
the 
department 
that 
includes 
questions 
on 
the 
safe 
operation 
of 
snowmobiles, 
the 
laws 
pertaining 
to 
snowmobiles, 
the effect of snowmobiles on the environment 
and ways to minimize that effect, courtesy to landowners and 
other recreationists and other matters as determined by the 
department; and 
D. 
Pays a license fee of $15. 
Persons 16 years of age or older on the effective date of this 
subsection are exempt from the requirements of paragraphs Band C. 
Sec. 4. 12 MRS A §7824, sub-§I, as amended by PL 1997, c. 432, 
§52, is further amended to read: 
1. 
Application 
and 
issuance. 
The 
commissioner 
or 
the 
commissioner I s designee may register and assign a registration 
number to all snowmobiles upon application, satisfaction of the 
requirements of this subsection and payment of a registration fee 
by the owner. 
The commissioner shall charge a fee of $1 for each 
registration issued by department employees. 
A. 
A person 
may 
not 
register 
a 
snowmobile 
under 
this 
section after June 30, 2004 unless the person satisfies the 
commissioner or an agent designated by the commissioner that 
the snowmobile is covered by a liability insurance policy in 
accordance with this paragraph. 
The commissioner by rule 
shall establish standards for liability insurance coverage. 
The rules must require coverage of at least $25,000 for 
damages 
to 
property 
caused 
by 
the 
operation 
of 
the 
snowmobile and at least $50,000 for injury to or death of 
any person caused by operation of the snowmobile and specify 
how 
a 
person 
must 
demonstrate 
satisfaction 
of 
this 
paragraph. 
Rules adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
B. 
After 
June 
30, 
2004, 
the 
owner 
or 
owners 
of 
any 
snowmobile 
required to 
be 
registered under 
this section 
shall maintain at all times the required amount of insurance 
during the term of the snowmobile's registration. 
A 
person 
who 
violates 
this 
paragraph 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
Sec. 5. 12 MRSA §7827, sub-§§12 and 13, as enacted by PL 1979, 
c. 420, §l, are repealed. 
Sec. 6. 12 MRSA §7827, sub-§13-A is enacted to read: 
13-A. 
Headgear required. 
A person may not operate or be a 
passenger on a snowmobile unless the person is wearing protective 
headgear that conforms to the standards established under Title 
29-A, section 2083, subsection 3. 
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. 7. 12 MRSA §7827, sub-§23, ~E, as enacted by PL 1979, c. 
420, §1, is repealed. 
Sec. 8. 12 MRS A §7853, as amended by Pt. A, §31 and affected 
by PL 1995, c. 65, Pt. A, §153 and Pt. C, §15, is repealed. 
Sec.9. 12 MRSA §7853-A is enacted to read: 
§7853-A. 
License and training; minimum age 
1. Minimum age. 
A person may not: 
A. 
Operate an ATV if that person is under 16 years of age; 
or 
B. 
Knowingly permit a 
person under 
years of age to 
operate an ATV. 
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. 
2. 
License required. 
A person 16 years of age or older may 
not operate an ATV unless that person has 
a valid operator's 
license issued under subsection 3. 
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. 
3. 
License issued. 
An ATV operator's license is valid for 
years from date of issuance. 
The department may issue an ATV 
operator's license to a person who: 
A. 
Is 16 years of age or older; 
B. 
Has successfully completed a training program approved 
by the department that includes instruction on the safe 
operation of ATVs, the laws pertaining to ATVs, the effects 
of 
ATVs 
on the environment 
and 
ways 
to minimize 
those 
effects and courtesy to landowners and other recreationists 
and other materials as determined by the department; 
C. 
Has passed a written examination developed or approved 
by 
the 
department 
that 
includes 
guestions 
on 
the 
safe 
operation of ATVs, the laws pertaining to ATVs, the effect 
of ATVs on the environment and ways to minimize that effect, 
courtesy to landowners and other recreationists and other 
matters as determined by the department; and 
D. 
Pays a license fee of $15. 
Persons 16 years of age or older on the effective date of this 
subsection are exempt from the reguirements of paragraphs Band C. 
Sec. 10. 12 MRSA §7854, sub-§I, as amended by PL 2001, c. 387, 
§39, is further amended to read: 
1. 
Application and issuance. 
The commissioner, or an agent 
designated 
by 
the 
commissioner, 
may 
register 
and 
assign 
a 
registration number to any ATV upon application, satisfaction of 
the requirements of this subsection and payment of an annual fee 
by the owner. 
The commissioner shall charge a 
fee of $1 in 
addition to the annual fee for each registration issued by an 
employee of the department. 
The registration number must 
be 
clearly displayed on the rear of the vehicle. 
A registration is 
valid for one year commencing July 1st of each year. 
A. 
A person may not register an ATV under this section 
after 
June 
30, 
2003 
unless 
the 
person 
satisfies 
the 
commissioner or an agent designated by the commissioner that 
the 
ATV 
is covered by 
a 
liability insurance policy in 
accordance with this paragraph. 
The commissioner by rule 
shall establish standards for liability insurance coverage. 
The rules must reguire coverage of at least $25,000 for 
damages to property caused by the operation of the ATV and 
at least $50,000 for injury to or death of any person caused 
by operation of the 
ATV 
and specify how 
a 
person must 
demonstrate satisfaction of this paragraph. 
Rules adopted 
pursuant to this paragraph 
are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
B. 
After June 30, 
2003, 
the owner or owners of any ATV 
reguired to be registered under this section shall maintain 
at all times the reguired amount of insurance during the 
term of the ATV's registration. 
A 
person 
who 
violates 
this 
paragraph 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
Sec. 11. 12 MRSA §7854. sub-§ll, as enacted by PL 1989, 
c. 
918, Pt. D, §12, is repealed. 
Sec. 12. 12 MRSA §7857, sub-§13, as amended by PL 1997, c. 
432, §55, is repealed. 
Sec. 13. 12 MRSA §7857, sub-§13-A, as amended by PL 1989, c. 
493, §68, is repealed. 
Sec. 14. 12 MRSA §7857, sub-§13-B, as amended by PL 1995, c. 
65, Pt. A, §35 and affected by §153 and Part C, §15, is repealed. 
Sec. 15. 12 MRSA §7857, sub-§13-C, as amended by PL 1995, c. 
65, Pt. A, §36 and affected by §153 and Part C, §15, is repealed. 
Sec. 16. 12 MRSA §7857, sub-§13-D is enacted to read: 
13-D. 
Headgear 
required. 
Notwithstanding 
Title 
29-A, 
section 2083, a person may not operate or be a passenger on an 
ATV 
unless 
the 
person 
is 
wearing 
protective 
headgear 
that 
conforms to the standards established under Title 29-A, section 
2083, subsection 3. 
A person who violates this subsection commits a civil violatiQn 
for which a fine of not less than $100 nor more than $500 may be 
adjudged. 
Sec. 17. 12 MRSA §7857. sub-§14. as amended by PL 1997, c. 
432, §56, is repealed. 
Sec. 18. 12 MRSA §7857. sub-§ 14-A. as enac ted by PL 1989, c. 
493, §69, is repealed. 
Sec. 19. 12 MRS A §7857, sub-§24, ~E, as amended by PL 200L c. 
387, §43, is repealed. 
Sec. 20. 12 MRSA §7901-A. sub-§12. ~B. as amended by PL 200L 
c. 536, §2, is further amended to read: 
B. 
Chapter 715, subchapter II violations: 
(1) 
Operating an unregistered snowmobile as described 
in section 7827, subsection 1; 
(2) 
Operating a 
snowmobile upon a controlled access 
highway as described in section 7827, subsection 2; 
(3) 
Unlawfully operating a snowmobile on a plowed road 
as described in section 7827, subsection 3; 
(4) 
Operating 
a 
snowmobile 
on 
a 
public 
way 
as 
described in section 7827, subsection 4; 
(5) 
Unlawfully operating a 
vehicle on 
a 
snowmobile 
trail as described in section 7827, subsection 4-A; 
(6) 
Failure to stop a 
snowmobile before entering a 
public way as described in section 7827, subsection 5; 
(7) 
Failure to yield the right-of-way while operating 
a snowmobile as described in section 7827, subsection 6; 
(8) 
Crossing a 
closed bridge, 
underpass with a 
snowmobile 
as 
7827, subsection 7; 
culvert, 
overpass or 
described in section 
t9+--Y£~~w~~~~y-~~-~-a-saewmeBi±e-~~~~~-a~e 
a6-ae6eFiBea-ia-6ee~ieR-+g6+T-6HB6ee~ieR-±6T 
t±G+--~~it~-~-aa--~~~~-~~~~-~e-~~~-a 
6aewmeBi±e-a6-ae6eFiBea-ia-6ee~iea-+g6+T-6HB6ee~iea-±Jf 
(11) 
Operating 
a 
snow~obile that exceeds the noise 
limit as described in section 7827, subsection 14; 
(12) 
Unlawfully modifying a snowmobile as described HI 
section 7827, subsection 15; 
(13) 
Operating a 
snowmobile with insufficient lights 
as described in section 7827, subsection 16; 
(14) 
Failure to use snowmobile lights as described ll1 
section 7827, subsection 17; 
(15) 
Unlawfully operating 
a 
snowmobile 
on 
railroad 
tracks as described in section 7827, subsection 18; 
(16) 
Operating a snowmobile in a cemetery as described 
in section 7827, subsection 19; 
(17) 
Operating 
a 
snowmobile 
too 
close 
to 
certain 
buildings as described in section 7827, subsection 20; 
(18) 
Unlawfully permitting operation of a 
snowmobile 
as described in section 7827, subsection 21; 
(19) 
Failure to report an accident as described 
llJ 
section 7827, subsection 22; 
c. 
(20) 
Unlawful issuance of snowmobile registration as 
described in section 7827, subsection 24; 
(21) 
Renting or leasing a snowmobile as described in 
section 7827, subsection 26; and 
(22) 
Failure 
to 
remove 
submerged 
snowmobile 
as 
subsection 22-A; and 
a 
submerged 
described 
in 
or 
partially 
section 
7827, 
Sec. 21. 12 MRSA §7901-A, sub-§12, ,C, as enacted by PL 2001, 
421, Pt. B, §88 and affected by Pt. C, §l, is amended to read: 
C. 
Chapter 715, subchapter IV 1 violations: 
(1) 
Operating 
an unregistered 
ATV 
as 
described ln 
section 7857, subsection 1; 
(2) 
Failure to display ATV 
registration numbers 
as 
described in section 7857, subsection l-A; 
(3) 
Operating an ATV upon a controlled access highway 
as described in section 7857, subsection 2; 
(4) 
Unlawfully operating an ATV on a snowmobile trail 
as described in section 7857, subsection 3; 
(5) 
Unlawfully operating an ATV on a private road as 
described in section 7857, subsection 4; 
(6) 
Operating an ATV on a public way as described in 
section 7857, subsection 5; 
(7) 
Failure to stop an ATV before entering a public 
way as described in section 7857, subsection 6; 
(8) 
Failure to yield the right-of-way while operating 
an ATV as described in section 7857, subsection 7; 
(9) 
Crossing 
underpass with 
subsection 8; 
a 
closed 
an ATV 
bridge, culvert, 
as described in 
overpass or 
section 7857, 
+±gt--~~~~~£~-~~~~-wHile-YHae£-~~~&&~i9€K*-iR 
6eesieR-18§1T-6aa6eesieR-±~T 
+±It--~~~~£~-~-A±V-W~~ReY~-~~~~~~~~~~-EraiRiR~ 
a6-aese£iaea-iR-seeEieR-18§1T-6aaseesieR-±~-AT 
f±6*--~~~~-aH-~¥-~~~&-~~e~e€~±¥e-~~--as 
ae6etiaea-iH-6ee~ieH-+8§+T-6Ha6ee~ieB-±~-gT 
f±~*-fa~~Y±B~-~-~-~~~~-W~&~~&-heaa~eaF-as 
ae6etiaea-iB-6ee~ieB-+8§+T-6Ha6ee~ieB-±~-Gf 
f±4*--~~~~~~~-aB-~~£~~~~~-~e-~~~-aB 
A~V-a6-ae6etiaea-iB-6ee~ieB-+8§+T-6Ha6ee~ieB-±4T 
f±9*---P&~~&&~~-~-£~~~-HBae£--1@-~r~-~--a~e--~e 
epeta~e-aB-A~¥-~~~~-b&-&&&&~B-~8~~T-6Ha6ee~ieB 
±4-Af 
(16) 
Operating an ATV without a muffler as described 
in section 7857, subsection 15; 
(17) 
Operating 
an 
ATV 
with insufficient lights 
as 
described in section 7857, subsection 16; 
(18) 
Failure to use ATV lights as described in section 
7857, subsection 17; 
(19) 
Unlawfully operating an ATV on railroad tracks as 
described in section 7857, subsection 18; 
(20) 
Operating an ATV too close to certain buildings 
as described in section 7857, subsection 20; 
(21) 
Unlawfully 
permitting 
operation 
of 
ATV 
as 
described in section 7857, subsection 21; 
(22) 
Failure to report an ATV accident as described ln 
section 7857, subsection 22; 
(23) 
Operating 
an 
ATV 
in 
a 
prohibited 
area 
as 
described in section 7857, subsection 22-A; 
(24) 
Operating an ATV on cropland or pastureland as 
described in section 7857, subsection 23; and 
(25) 
Selling an ATV without lights as described in 
section 7857, subsection 25. 
SUMMARY 
This bill: 
1. 
Beginning on July 1, 
snowmobiles to have 1iabili ty 
2004, requires owners of ATVs or 
insurance coverage for damages or 
injuries 
caused 
by 
operation 
requires proof of such coverage 
or snowmobile after that date; 
of 
the 
ATV 
or 
snowmobile 
and 
prior to registration of an ATV 
2. 
Prohibits persons under 16 years of age from operating 
an ATV or snowmobile; 
3. 
Requires persons 16 years of age or older to 
operator's license to operate an 
ATV 
or 
snowmobile 
Department of Inland Fisheries and Wildlife; 
obtain an 
from the 
4. 
Exempts persons already 16 years of age or older on the 
date the law becomes effective from the requirements to take an 
instructional 
course 
and 
to 
pass 
a 
written 
test prior 
to 
obtaining an ATV or snowmobile operator's license; 
5. 
Repeals 
the 
operation of ATVs or 
age: and 
current provisions 
of 
law 
snowmobiles by persons under 
relating 
years 
to 
of 
6. 
Requires all persons riding ATVs or snowmobiles to wear 
helmets.