An Act To Amend the Laws Governing the Operation of All-terrain Vehicles
Maine Legislature, Session 121, LD 0854
Committee: Inland Fisheries and Wildlife
Sponsors: LANDRY, BOWLES, COURTNEY, DUPLESSIE, JACKSON, LORING, WHEELER, CARPENTER
Amends: 12 MRSA §7854, 12 MRSA §7856, 12 MRSA §7857, 12 MRSA §7859, 12 MRSA §7901-A

Legislative Document 
No. 854 
H.P.631 
House of Representatives, February 20, 2003 
An Act To Amend the Laws Governing the Operation of All-terrain 
Vehicles 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative LANDRY of Sanford. 
If/~ 
/J7.1JPc~ 
MllLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BOWLES of Sanford, COURTNEY of Sanford, 
DUPLESSIE of Westbrook, JACKSON of Fort Kent, LORING of the Penobscot Nation, 
McLAUGHLIN of Cape Elizabeth, WHEELER of Kittery, Senator: CARPENTER of York. 
Printed on re<:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7854, sub-§3. as amended by PL 200L c. 690, 
Pt. A, §13 and affected by §18, is further amended to read: 
3. 
Fee. 
The annual registration fee for an ATV is $11 il2 
for 
a 
resident 
and 
$35 
for 
a 
nonresident. 
The 
annual 
registration fee for a resident who belongs to an ATV club or 
organization is $20. 
Sec. 2. 12 MRSA §7856, sub-§2, as amended by PL 2001, c. 42L 
Pt. B, §85 and affected by Pt. C, §l, is further amended to read: 
2. 
Stop and identify requirement. 
A person operating an 
ATV upon the land of another sll.all may not fail to stop and 
identify 
tll.e--peFsea 
such 
operator 
upon 
the 
request 
of 
the 
landowner or the landowner's duly authorized representative. 
A 
pe r s on i a - ..... -i-&l~-i~ -fllU-S-t- -be - -be-l4-- ~t;.a.b.l-e- - t a - -t.£e.- --o-wne-r- - ~a€l.e F 
e*istia~--~&-~--t.£e.--peaa±~y--pFa¥iaea--~-~~~~~-±~7--seetian 
19Q1-A who violates this subsection commits a Class E crime. 
Sec. 3. 12 MRSA §7857, sub-§l, as enacted by PL 1983, c. 297, 
§§l and 3, is repealed and the following enacted in its place: 
1. 
Operating unregistered 
ATV. 
Except 
as 
provided 
~n 
subsection 24, paragraphs A and B, 
a person may not operate an 
ATV that is not registered in accordance with section 7854. 
A person who violates this subsection commits a Class E crime. 
Sec. 4. 12 MRSA §7857. sub-§2, as enacted by PL 1983, c. 297, 
§§l and 3, is amended to read: 
2. 
Operating ATV upon controlled access highway. 
-A-Fe~6eB 
is-~~iltYr-eK€ept Except as provided in subsection 24, paragraph 
C, 
e~-~~-i~-aa-A~-~-a-~~~~~-ae&e&&-h~~hw~Y7--~~-lI.e 
epeFates a person may not operate an ATV upon a controlled access 
highway or within the right-of-way limits of a controlled access 
highway. 
A person who violates this subsection commits a Class E crime. 
Sec. 5. 12 MRSA §7857. sub-§3, as amended by PL 200L c. 289, 
§l, is further amended to read: 
3. 
Unlawfully operating ATV on snowmobile trail. 
A person 
is-~~il~y-e~-~~~~~~y-~~~~~~~~~-a-&aewmebile-tFail 
i~--that,.--pe-i"-son--ef'€-£~-t.e-6--any may not operate a 
4-wheel drive 
vehicle, dune buggy, ATV, motorcycle or any other motor vehicle, 
5-0 
other than a snowmobile and appurtenant equipment, at any time on 
snowmobile 
trails 
that 
are 
financed 
in 
whole 
or 
~n 
Page l-LR0625(l) 
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. 
A person who violates this subsection commits a Class E crime. 
Sec. 6. 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 
~Hi±~y-~-~~~~~-epe~a~ia~-~~~-eB-~-pFi¥a~e-~~B~--~~-se 
epe~a~es may not operate an 
ATV 
upon any 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. 
A person who violates this subsection commits a Class E crime. 
Sec. 7. 12 MRSA §7857~ sub-§5, as amended by PL 1995, 
Pt. 
A, 
§34 and affected by §153 
and Pt. 
C, 
§15, is 
amended to read: 
c. 65, 
further 
5. 
Operating ATV on public way. 
A-pe~sea-is-~H41~YT-eH€ep~ 
Except as provided in subsection 24, paragraph 0, 
e~-epe~a~ia~ Q 
person may not operate an ATV on a-pHB±i€-way~-~-~~p&Fa~&-aa 
A'±\LHpea any portion of a public way maintained or utilized for 
the 
operation 
of 
conventional 
motor 
vehicles 
or 
upon 
the 
sidewalks of any public way. 
A. 
This subsection does not apply to ATV's registered with 
the Secretary of State under Title 29-A. 
B. 
A person who violates this subsection commits a Class E 
crime. 
Sec. 8. 12 MRSA ~7857. sub-§23. as enacted by PL 1983, c. 297, 
§§l and 3, is amended to read: 
23. 
Operating ATV on cropland or pastureland. 
A person is 
~Hil~y-~--epeFa~i~-~-A~~-~-~~-±aBe-~--pas~H~e±aaaT--1t--se 
epera~es may not operate an ATV on aay--{!-t'-op--laaa cropland or 
pastureland without the permission of the owner or lessee. 
As 
used in this subsection, 
e~ep-±aaa "cropland" means acreage in 
tillage rotation, land being cropped and land in bush fruits. 
':':'Pastureland':':' means acreage devoted to the production of forage 
plan~s used for animal production. 
A person who violates this subsection commits a Class E crime. 
Sec. 9. 12 MRSA §7859, first" as enacted by PL 1985, c. 762, 
§23, is amended to read: 
When 
a 
law enforcement officer issues 
a 
summons 
for 
a 
violation under this subchapter, the officer may impound the ATV 
operated by the person who 
received the 
summons if, 
in the 
judgment of the officer, based on actual previous offenses by the 
operator or other considerations, the operator will continue to 
operate the vehicle in violation and such operation may be a 
hazard to the safety of persons or property. 
A law enforcement 
officer may impQund an ATV used in violation of section 7857, 
subsections 1 to 5 or 23 based solely on that violation. 
Sec. 10. 12 MRSA §7901-A, sub-§12, ,C, as enacted by PL 200L 
c. 421, Pt. B, §88 and affected by Pt. c, §l, is amended to read: 
C. 
Chapter 715, subchapter IV ~ violations: 
f±+---Q~eFa&1~-~&-~~i&t~~-~~-~--ee£€~~eee--iB 
seetieB-1891T-s~aseetieB-±f 
f6+--~~~r&-~~-e~£¥Jay--A~V-~~i&t~~-~-£~~--as 
QeseFiaeQ-iB-seetieB-1891T-s~aseetieB-I-Af 
(3) 
Operating an ATV upon a controlled access highway 
as described in section 7857, subsection 2; 
f4+--Y£J~w~~~~y-~~~~~&-A±V-B£-~-&~&~~-tFai± 
as-QeseFiaeQ-iB-seetieB-+89+T-s~aseetieB-~f 
f 9.} - - -UnJ·aw·ful-ly- ~F-a-t::-i-ng- - aa- ./H:JJ- -G* - a- -p£-:i.-va-t-e- -~ 
- a s 
QeseFiaeQ-iB-seetieB-+8a1T-s~a6eetieB-4f 
f9+--~~~~~-A~V-B£-~-¥a&~~&-way-~~~~-iH 
seetiea-+8a+T-s~aseetiea-9f 
(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, 
(10) 
Operating an ATV while under age as described in 
section 7857, subsection 13; 
• 
• 
with 
(11) 
Operating an ATV without certificate of training 
as described in section 7857, subsection 13-A; 
(12) 
Operating an ATV without protective headgear as 
described in section 7857, subsection 13-B; 
(13) Carrying a passenger on an ATV without headgear as 
described in section 7857, subsection 13-C; 
(14) 
Permitting an unaccompanied child to operate an 
ATV as described in section 7857, subsection 14; 
(15) 
Permitting 
a 
child under 
years 
operate an ATV as described in section 7857, 
14-A; 
of 
age 
to 
subsection 
(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 in 
section 7857, subsection 22; 
(23) 
Operating 
an 
ATV 
~n 
a 
prohibited 
area 
as 
described in section 7857, subsection 22-A; and 
{-64 -}- - - -Ope-i:~ 
.. ing· - a B - -A-T~ - e R - -(}-{"-op-l-and- - e !' - -pa-&t.-I.H" -e-J-and- - a 6 
aese!'igea-iR-6eetieB-+8§+T-S~9seetieR-6at-aRa 
(25) 
Selling an ATV without lights as described in 
section 7857, subsection 25. 
Sec. 11. Appointment of additional game wardens. 
In accordance 
the Maine Revised Statutes, Title 12, 
section 7051, 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife 
shall 
appoint one additional game warden for each warden division based 
on 2002 staffing levels. 
SUMMARY 
This bill: 
1. 
Makes certain ci vi 1 violations involving ATVs Class E 
crimes; 
2. 
Allows the impoundment of an ATV for certain violations 
based solely on those violations; 
3. 
Increases the resident 
unless that person belongs to 
which case the fee is $20; and 
registration fee for ATVs to $25, 
an ATV club or organization, in 
4. 
Requires 
the 
Wildlife to appoint an 
division of the State. 
Commissioner 
of 
additional game 
Inland 
Fisheries 
and 
warden for each warden 
•