An Act To Implement the Recommendations of the A TV Trail Advisory Council
Maine Legislature, Session 122, LD 2057
Committee: Inland Fisheries and Wildlife
Amends: 12 MRSA §10902, 12 MRSA §13152, 12 MRSA §13154-A, 12 MRSA §13155, 12 MRSA §13157-A

Legislative Document 
No. 2057 
H.P.1453 
House of Representatives, March 9, 2006 
An Act To Implement the Recommendations of the A TV Trail 
Advisory Council 
Reported by Representative WATSON of Bath for the Joint Standing Committee on Inland 
Fisheries and Wildlife pursuant to Joint Order 2005, H.P. 144l. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed 
under Joint Rule 218. 
Prinlt!d on recycled p<'lper 
11/~ 
/J7.7lJ~ 
MllLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10902, sub-§9, as amended by PL 2005, c. 397, 
Pt. E, §3, is further amended to read: 
9. Suspension for certain AN violations; traininq. 
The 
commissioner ska** ~ 
suspend for at least one year all licenses 
and permits issued by the department pursuant to this Part and 
may suspend any registration issued pursuant to subpart 6 of this 
Part to any person convicted or adjudicated of: 
A. 
Operating an 
ATV 
on 
a 
temporarily closed trail as 
prohibited under section 13157-A, subsection 24; 
B. 
Abuse of another person's property as prohibited under 
section 13157-A, subsection 22; 
C. Operating an ATV under the influence under 21 years of 
age, 
as prohibited under section 10701, 
subsection I-A, 
paragraph D, subparagraph (3); 
D. Operating an ATV to endanger, as prohibited under section 
13157-A, subsection 11; 
E. Reckless operation of an ATV, as prohibited under section 
13157-A, subsection 10; 
F. 
Operating 
an 
ATV 
on 
the 
land 
of 
another 
without 
as prohibited under section 13157-A, subsection 
permission, 
1; or 
G. 
Failure or refusal to stop an ATV or attempting to elude 
an officer, as prohibited under section 10651, subsection 1, 
paragraphs D and E. 
The 
commissioner 
shall 
reinstate 
licenses, 
permits 
and 
registrations 
that 
have 
been 
suspended 
pursuant 
to 
this 
subsection 
only if 
the 
person 
satisfactorily 
completes, 
in 
accordance with procedures established by the commissioner by 
rule, a training program approved· by the department relating to 
safety and ethics in the operation of ATVs. 
The costs of this 
training 
program 
are 
borne 
by 
the 
person 
undertaking 
the 
training. 
The 
commissioner 
shall 
establish 
by 
rule 
the 
procedures for completion of mandatory training pursuant to this 
subsection. 
A person who satisfactorily completes 
a 
training 
program approved by the department pursuant to this subsection is 
deemed to have satisfied the outdoor ethics training course 
requirements 
established 
under 
section 
10903. 
Rules 
adopted 
pursuant to 
this 
subsection 
are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
Page l-LR3216(1) 
Sec. 2. 12 MRSA §13152, sub-§2, as repealed and replaced by PL 
2005, c. 397, Pt. E, §17, is amended to read: 
2. 
Training. 
A person over 9 years of age and under 1& ~ 
years 
of 
age 
must 
successfully complete 
a 
training program 
approved by the department prior to operating an ATV except on: 
A. 
Land on which that person is domiciled; 
B. 
Land 
owned 
or 
leased 
by 
that 
person's 
parent 
or 
guardian; or 
C. 
A safety training site approved by the department. 
A person under 16 years of age must attend the training program 
with that person's parent or guardian. 
The training program must 
include instruction 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 landowners and other materials as determined 
by the department. 
Sec.3. 12 MRSA §13154-A, sub-§2-A is enacted to read: 
2-A~n1avful1y operating AN by person 10 to undeL-14 
years of age. 
Except as provided in subsection 6, a person 10 
years of age or older but under 14 years of age may not operate 
an ATV unless that person has successfully completed a training 
course approved by the department pursuant to section 13152 and 
is accompanied by an adult. 
A. 
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~ 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
ynder this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 4. 12 MRSA §13154-A, sub-§§3, 4 and 5, as enacted by PL 
2003, c. 655, Pt. B, §404 and affected by §422 and enacted by c. 
695, Pt. B, §12 and affected by Pt. C, §1, are amended to read: 
3. 
Unlawfully operating ATV by person 14 to under 19 years 
of age. 
Except as provided in subsection 6, a person 1Q 14 years 
of age or older but under 1& ~ years of age 
may not operate an 
ATV 
unless that person has successfully completed a 
training 
course approved by the department pursuant to section 13152 aRe 
~8-aeeempaR~ee-ay-aR-ae~~t. 
A. 
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. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
4. 
Person under 14 years of age crossinq public way. 
A 
person under 
~~ li years of age may not cross a public way 
maintained for travel unless the crossing is 
in accordance with 
section 
13157-A, 
subsection 
6, 
paragraph 
A 
and 
the 
person 
satisfies the requirements of subsection 3. 
A. 
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. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Permitting an unaccompanied person under 14 years of age 
to operate an ATV. 
Except as provided in subsection 6, a person 
may not permit an unaccompanied person 10 years of age or older 
but under l~ 14 years of age to operate an ATV. 
A. 
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. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 5. 12 MRSA §13155, sub-§5, as amended by PL 2005, c. 12, 
Pt. III, §43, is further amended to read: 
5. 
Fees. 
The annual registration fee for an ATV is $~~-feF 
a-~e~ieeR~-~~-~~-a-ReR£esieeRt tQQ. 
If a person can show 
proof at the time of registration that that person is a member in 
good 
standing 
of 
a 
Maine 
nonprofit 
organization 
that 
is 
recognized by the Department of Conservation as an organization 
that maintains ATV trails, the registration fee is $30. 
Sec. 6. 12 MRSA §13157-A, sub-§6, tA, as enacted by PL 2003, 
c. 655, Pt. B, §414 and affected by §422, is amended to read: 
A. 
A properly registered ATV may be operated on a public 
way only the distance necessary, but in no case to exceed 
6QQ ~ 
yards, on the extreme right of the traveled way for 
the purpose of crossing, as directly as possible, a public 
way, 
l2LiQge, 
overpass. -underpass, 
sidewalk or culvert M 
long as that operation can be made safely and does not 
interfere with traffic approaching from either direction on 
the public way. 
Sec. 7. 12 MRSA §13157-A, sub-§6, ,B, as enacted by PL 2003, 
c. 655, Pt. B, §414 and affected by §422, is repealed. 
SUMMARY 
This bill implements certain recommendations of 
the 
ATV 
Trail Advisory Council report as follows. 
1. 
It sets 
the 
ATV 
registration fee at 
$60 
for 
both 
residents and nonresidents, except that the fee is $30 if the 
applicant belongs to 
a 
Maine nonprofit organization that is 
recognized by the Department of Conservation as an organization 
that maintains ATV trails. 
The current ATV registration fee is 
$33 for residents and $68 for nonresidents. 
2. 
It provides the Commissioner of Inland Fisheries and 
Wildlife with the discretion to suspend all licenses and permits 
issued by the department for at least one year for certain 
violations of ATV laws. 
Current law mandates the suspension of 
licenses and permits for such violations. 
3. 
It raises the age limit for a person who must take an 
ATV safety course before operating an ATV from 16 to 19 years of 
age and requires a person under 14 years of age to be accompanied 
by an adult even after the completion of the training course. 
4. 
It lowers the age at which a person may cross a public 
way with an ATV from 16 to 14 years of age to make this provision 
consistent with snowmobile laws. 
5. 
It provides that an ATV may be operated on a public way 
for 
up to 
yards if it can be 
done 
safely and without 
interfering 
with 
traffic 
approaching 
from 
either 
direction. 
Current law allows the operation of an ATV for up to 300 yards 
under certain conditions.