An Act To Make Certain Snowmobile and Watercraft Laws Consistent with All-terrain Vehicle Laws
Maine Legislature, Session 129, LD 1824
Committee: Inland Fisheries and Wildlife
Sponsors: DAVIS
Amends: 12 MRSA §10651, 12 MRSA §10703, 12 MRSA §10757, 12 MRSA §10902, 12 MRSA §13001, 12 MRSA §13056, 12 MRSA §13104, 12 MRSA §13106-A, 12 MRSA §13113, 36 MRSA §2903-D

Legislative Document
No. 1824
S.P. 614
In Senate, June 3, 2019
An Act To Make Certain Snowmobile and Watercraft Laws 
Consistent with All-terrain Vehicle Laws
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10651, sub-§1, ¶E, as affected by PL 2003, c. 614, §9 and 
amended by c. 695, Pt. B, §6 and affected by Pt. C, §1, is further amended to read:
E.  Attempt to elude a law enforcement officer by:
(1)  Operating or attempting to operate an all-terrain vehicle or snowmobile past 
a clearly identifiable police roadblock; or
(2)  After being requested or signaled to stop by a law enforcement officer in 
uniform, operating or attempting to operate an all-terrain vehicle, snowmobile or 
watercraft at a reckless rate of speed.
Sec. 2.  12 MRSA §10703, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
1.  Blood or breath test.  If the law enforcement officer has probable cause to 
believe a person hunted wild animals or wild birds or operated or attempted to operate a 
watercraft, snowmobile or ATV while under the influence of intoxicating liquor, then the 
officer shall inform the person that a breath test will be administered, unless, in the 
determination of the officer, it is unreasonable for a breath test to be administered, in 
which case a blood test must be administered.  When a blood test is required, the test may 
be administered by a physician of the accused's choice, at the request of the accused and 
if reasonably available.  The law enforcement officer may determine which type of breath 
test, as described in subsection 5, will be administered.
Sec. 3.  12 MRSA §10703, sub-§2, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §77 and affected by §422, is further amended to read:
2.  Prerequisites to tests.  Before any test is given, the The law enforcement officer 
shall inform the person to be tested of the consequences of refusing to comply with the 
test.  If the person fails to comply with the duty to submit to and complete the requested 
chemical tests at the direction of the law enforcement officer, that person is committing a 
civil violation for which the person may be required to pay a fine of up to $500.  The 
officer shall also inform the person that the failure to comply with the duty to submit to a 
chemical test is admissible in evidence against that person at any trial for hunting or 
operating under the influence of intoxicating liquor or drugs or a combination of liquor 
and drugs.
Test results may not be excluded as evidence in any proceeding before any administrative 
officer or court of this State as a result of the failure of the law enforcement officer to 
comply with these prerequisites.  The only effects of the failure of the officer to comply 
with the prerequisites are as provided in subsection 7.
Sec. 4.  12 MRSA §10703, sub-§4, ¶B, as amended by PL 2009, c. 447, §11, is 
further amended to read:
B.    If, at the time alleged, a defendant who was 21 years of age or older at the time 
of the arrest had an alcohol level in excess of 0.05 grams of alcohol or more but less 
than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, it is 
relevant evidence, but it is not to be given prima facie effect in indicating whether or 
not the defendant was under the influence of intoxicating liquor within the meaning 
of this section, but that fact may be considered with other competent evidence in 
determining whether or not the defendant was under the influence of intoxicating 
liquor.
Sec. 5.  12 MRSA §10703, sub-§5, ¶A, as amended by PL 2009, c. 447, §12, is 
further amended to read:
A.  Only a duly licensed physician, registered physician's assistant, registered nurse 
or a person certified by the Department of Health and Human Services under 
certification standards set by that department, acting at the request of a law 
enforcement officer, may draw a specimen of blood to determine an alcohol level or 
drug concentration of a person who is complying with the duty to submit to a 
chemical test. Only a physician, registered physician's assistant, registered nurse or 
person whose occupational license or training allows that person to draw blood 
samples may draw a specimen of blood for the purpose of determining the blood-
alcohol level or the presence of a drug or drug metabolite.  This limitation does not 
apply to the taking of breath or urine specimens.  When a person draws a specimen of 
blood at the request of a law enforcement officer, that person may issue a certificate 
that states that the person is in fact a duly licensed or certified person as required by 
this subsection and that the person followed the proper procedure for drawing a 
specimen of blood to determine an alcohol level or drug concentration.  That 
certificate, when duly signed and sworn to by the person, is admissible as evidence in 
any court of the State.  It is prima facie evidence that the person was duly licensed or 
certified and that the person followed the proper procedure for drawing a specimen of 
blood for chemical testing, unless, with 10 days' written notice to the prosecution, the 
defendant requests that the person testify as to licensure or certification, or the 
procedure for drawing the specimen of blood.
Sec. 6.  12 MRSA §10703, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read:
6.  Liability.  A physician, physician's assistant, registered nurse, person certified by 
the Department of Health and Human Services or hospital Only a physician, registered 
physician’s assistant, registered nurse or person whose occupational license or training 
allows that person to draw blood samples or other health care provider in the exercise of 
due care is not liable in damages or otherwise for any act done or omitted in performing 
the act of collecting or withdrawing specimens of blood at the request of a law 
enforcement officer pursuant to this section.
Sec. 7.  12 MRSA §10757, as amended by PL 2015, c. 281, Pt. A, §2, is further 
amended to read:
§10757.  Fraudulently obtaining or possessing license, permit or registration
A person may not obtain or possess a paper or electronic license or, permit or 
registration authorized in this Part through fraud, misstatement or misrepresentation.  A 
person who violates this section commits a Class E crime.
Sec. 8.  12 MRSA §10902, sub-§10, as amended by PL 2011, c. 253, §17, is 
further amended to read:
10.  Mandatory suspension for certain ATV, snowmobile and watercraft 
violations.  The commissioner shall suspend for at least one year all licenses, permits and 
registrations issued by the department pursuant to this Part to any person convicted or 
adjudicated of:
A.  Abuse of another person's property as prohibited under section 13157-A, 
subsection 22;
B.  Operating an ATV, snowmobile or watercraft under the influence as prohibited 
under section 10701, subsection 1-A, paragraph D;
C.  Operating an ATV to endanger, as prohibited under section 13157-A, subsection 
11, operating a snowmobile to endanger, as prohibited under section 13106-A, 
subsection 10, or operating a watercraft to endanger, as prohibited under section 
13068-A, subsection 5;
D.  Reckless operation of an ATV, as prohibited under section 13157-A, subsection 
10, reckless operation of a snowmobile, as prohibited under section 13106-A, 
subsection 9, or reckless operation of a watercraft, as prohibited under section 
13068-A, subsection 6; or
E.  Failure or refusal to stop an ATV or attempting to elude an officer, as prohibited 
under section 10651, subsection 1, paragraphs D and E, failure or refusal to stop a 
snowmobile or attempting to elude an officer, as prohibited under section 10651, 
subsection 1-E, or failure or refusal to stop a watercraft or attempting to elude an 
officer, as prohibited under section 10651, subsection 1-E.
The commissioner shall reinstate licenses, permits and registrations that have been 
suspended pursuant to this subsection after the period of suspension has lapsed and after 
that person has successfully completed an ATV safety and ethics course as provided in 
subsection 9 ethics course as required by the department and has successfully completed 
a safety course as required by the department that relates to the specific violation for 
which the person was convicted or adjudicated.
Sec. 9.  12 MRSA §13001, sub-§25, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
25.  Snowmobile. "Snowmobile" means a vehicle propelled by mechanical power 
that is primarily designed to travel over ice or snow and is supported in part by skis, belts 
or cleats.  "Snowmobile" does not include a motor vehicle as defined in Title 29-A, 
section 101.
Sec. 10.  12 MRSA §13056, sub-§8, as amended by PL 2009, c. 213, Pt. OO, 
§§14 and 15, is further amended to read:
8.  Fees.  The fees for each original or renewal certificate of number with 2 validation 
stickers are set out in this subsection.
A.  For a watercraft requiring or whose owner requests a certificate of number and 
that is equipped with a motor having a manufacturer's horsepower rating of:
(1)  Ten horsepower or less, the fee is $25 for operating on inland waters of the 
State and $15 for operating only on tidal waters of the State;
(2)  Greater than 10, but not more than 50 horsepower, the fee is $30 for 
operating on inland waters of the State and $20 for operating only on tidal waters 
of the State; and
(3)  Greater than 50 horsepower but not more than 115 horsepower, the fee is $36 
for operating on inland waters of the State and $26 for operating only on tidal 
waters of the State.
B.  For a personal watercraft requiring or whose owner requests a certificate of 
number and watercraft equipped with a motor having a manufacturer's horsepower 
rating of 115 horsepower or greater, the fee is $44 for operating on inland waters of 
the State and $34 for operating only on tidal waters of the State.
C.  For a duplicate certificate of number, the fee is $1.
D.  For a duplicate validation sticker (per set), the fee is $1.
E.  For a certificate of number issued with transfer of ownership authorized in 
subsection 10, the fee is $2.
Validation stickers are nontransferable.
A motorboat that is used for governmental purposes and is owned and operated in the 
State by the Federal Government, the State or a political subdivision of the State is 
exempt from registration fees.
Sec. 11.  12 MRSA §13104, sub-§13, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §390 and affected by §422, is repealed.
Sec. 12.  12 MRSA §13106-A, sub-§10, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §394 and affected by §422, is amended to read:
B.    Operating the snowmobile in a manner that fails to control its speed at all times 
as necessary to avoid colliding with any person, vehicle, snowmobile or other object 
on or adjacent to the snowmobile trail.
Sec. 13.  12 MRSA §13113, sub-§6, as enacted by PL 2005, c. 93, §3, is repealed.
Sec. 14.  36 MRSA §2903-D, sub-§2, ¶A, as amended by PL 2003, c. 414, Pt. B, 
§66 and affected by c. 614, §9, is further amended to read:
A.    The Commissioner of Inland Fisheries and Wildlife receives 14.93% of that 
amount, to be used by the commissioner for the purposes set forth in Title 12, section 
1893, subsection 3, section 10206, subsection 2, section 13104, subsections 2 to 13 
and section 13105, subsection 1; and
SUMMARY
This bill amends certain laws governing snowmobiles and watercraft to make them 
consistent with laws governing all-terrain vehicles. Specifically, this bill:
1.  Extends to operators of snowmobiles and watercraft certain penalties that apply to 
violations applicable to operation of all-terrain vehicles that result in the mandatory 
revocation of a license;
2.  Updates the laws concerning operation of a recreational vehicle while under the 
influence to more closely mirror the laws governing operation of a motor vehicle while 
under the influence;
3.  Extends the general prohibition against the fraudulent acquisition or possession of 
licenses and permits issued by the Department of Inland Fisheries and Wildlife to also 
apply to registrations and repeals specific prohibitions that are therefore unnecessary;
4.  Exempts from registration fees motorboats used for governmental purposes and 
owned and operated in the State by the Federal Government, the State or a political 
subdivision of the State;
5.  Specifies that, for purposes of the laws governing recreational vehicles, a motor 
vehicle is not a snowmobile; and
6.  Removes language that limits to on or adjacent to a snowmobile trail the location 
of a snowmobile collision that constitutes operating a snowmobile to endanger.