An Act To Clarify All-terrain Vehicle Registration Requirements and Establish Regular Maintenance of Designated State-approved All-terrain Vehicle Trails
Maine Legislature, Session 130, LD 1439
Committee: Inland Fisheries and Wildlife
Sponsors: THERIAULT
Amends: 12 MRSA §1893, 12 MRSA §13001, 12 MRSA §13155, 12 MRSA §13157-A, 12 MRSA §13160

Legislative Document
No. 1439
H.P. 1055
House of Representatives, April 12, 2021
An Act To Clarify All-terrain Vehicle Registration Requirements 
and Establish Regular Maintenance of Designated State-approved 
All-terrain Vehicle Trails
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Received by the Clerk of the House on April 8, 2021.  Referred to the Committee on Inland 
Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative THERIAULT of China.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §1893, sub-§1, ¶B, as amended by PL 2003, c. 414, Pt. B, §22 
and affected by c. 614, §9, is further amended to read:
B.  The bureau shall administer the ATV Recreational Management Fund established 
under subsection 2 for the purposes given in that subsection and for the acquisition of 
land to be used for designated state-approved ATV trails.  The bureau may adopt rules 
in accordance with Title 5, chapter 375, subchapter 2 2-A for the issuance of grants-in-
aid from the fund and to further define alpine tundra areas pursuant to section 13001, 
subsection 4.  Additional funding for the ATV Recreational Management Fund is as 
provided in Title 36, section 2903‑D, subsection 3.
Sec. 2.  12 MRSA §1893, sub-§1, ¶C is enacted to read:
C.  The bureau shall use funds in the ATV Recreational Management Fund established 
under subsection 2 to ensure that maintenance of designated state-approved ATV trails 
occurs annually and to adopt and use best practices of motorized trail construction 
during construction and maintenance of designated state-approved ATV trails. The 
bureau shall adopt rules that establish a procedure to prioritize the bureau's 
maintenance of designated state-approved ATV trails. Rules adopted pursuant to this 
paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 3.  12 MRSA §1893, sub-§2, ¶A, as amended by PL 2003, c. 695, Pt. B, §2 
and affected by Pt. C, §1, is repealed and the following enacted in its place:
A.  The fund may be used for the following purposes:
(1)  Conducting research on issues related to the management of ATVs;
(2)  Assisting in the formation of nonprofit ATV groups;
(3)  Making grants-in-aid to others, including political subdivisions, educational 
institutions, regional planning agencies and ATV groups, to construct and maintain 
designated state-approved ATV trails, to purchase equipment or to otherwise carry 
out the purposes of the fund;
(4)  Assisting in the design and development of designated state-approved ATV 
trails;
(5)  Ensuring that designated state-approved ATV trails are inspected annually;
(6)  Purchasing, leasing or otherwise acquiring interests in land, including, but not 
limited to, fee or easement interests for designated state-approved ATV trails or 
sport-riding facilities;
(7)  Providing protection to landowners against ATV-related suit or liability; and
(8)  Otherwise providing for the wise and orderly management of ATVs.
Sec. 4.  12 MRSA §13001, sub-§4-A is enacted to read:
4-A.  Antique all-terrain vehicle or antique ATV.  "Antique all-terrain vehicle" or 
"antique ATV" means an all-terrain vehicle more than 25 years old that is registered as an 
antique ATV under section 13155, subsection 5-C.
Sec. 5.  12 MRSA §13155, sub-§1-A, ¶A, as amended by PL 2017, c. 97, §3, is 
further amended by amending subparagraph (1) to read:
(1)  Registration is not required for an ATV operated on land on which the owner 
lives or on land on which the owner that the ATV operator owns or leases, 
regardless of where that ATV operator is domiciled, as long as the ATV is not 
operated elsewhere within the jurisdiction of the State.
Sec. 6.  12 MRSA §13155, sub-§3, as affected by PL 2003, c. 614, §9 and amended 
by c. 695, Pt. B, §13 and affected by Pt. C, §1, is further amended to read:
3.  Application and issuance.  The commissioner, or an agent designated by the 
commissioner, may register and assign a registration number to an ATV upon application 
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 in the form of stickers issued by the commissioner must be clearly 
displayed on the front and rear of the vehicle.  A registration is valid for one year 
commencing July 1st of each year, except that any registration issued prior to July 1st but 
after May 1st is valid from the date of issuance until June 31st 30th of the following year.  
A registration agent shall explain orally and in writing to the person who requests to register 
an oversized ATV as defined under subsection 5-B the size and weight restrictions for 
registering that ATV, including whether it qualifies for registration, and the provisions of 
section 13157-A regarding the operation of oversized ATVs on designated state-approved 
ATV trails. 
Sec. 7.  12 MRSA §13155, sub-§5, as amended by PL 2019, c. 75, §3, is further 
amended to read:
5.  Fees.  The ATV registration fee is:
A.  For a resident, $45 $70 annually.  The registration for an ATV owned by a resident 
is valid for one year, beginning on July 1st of each year; and
B.  For a nonresident:
(1)  Seventy-five One hundred dollars for a registration valid for 7 consecutive 
days.  A person may purchase more than one 7-day registration in any season; and
(2)  Ninety One hundred fifteen dollars for a registration valid for one year.
The registration for an ATV owned by a nonresident must specify the dates for which 
the registration is valid.
Twelve Thirty-seven dollars of each fee collected pursuant to this subsection must be 
deposited in the ATV Recreational Management Fund established in section 1893, 
subsection 2 and must be used to maintain designated state-approved ATV trails.
Ten dollars of each fee collected pursuant to paragraph B must be deposited in the ATV 
Enforcement Fund established in section 10267.
Sec. 8.  12 MRSA §13155, sub-§5-B is enacted to read:
5-B.  Oversized ATV.  A person may not register an oversized ATV except as provided 
in this subsection.  A resident who has registered an oversized ATV prior to January 1, 
2022 may continue to register that oversized ATV upon payment of the fee specified in 
subsection 5, paragraph A.  Registration for an oversized ATV may not be transferred to 
another person.  For purposes of this subsection, "oversized ATV" means an ATV that is 
wider than 65 inches or weighs more than 2,000 pounds according to the manufacturer's 
specifications.
Sec. 9.  12 MRSA §13155, sub-§5-C is enacted to read:
5-C.  Antique ATV.  A person who owns an ATV that is more than 25 years old and 
that is substantially maintained in its original or restored condition may register that ATV 
under this subsection as an antique ATV. Notwithstanding subsection 5, the fee for an 
antique ATV registration is $33.  An antique ATV registration is valid until the ownership 
of the ATV is transferred to another person. Upon the transfer of ownership, the new owner 
may reregister that ATV as an antique ATV by paying the $33 antique ATV registration 
fee. The registration fee for an antique ATV must be deposited in the ATV Recreational 
Management Fund established in section 1893, subsection 2.
Sec. 10.  12 MRSA §13155, sub-§12 is enacted to read:
12.  Review of ATV registration fees and trail maintenance needs.  In consultation 
with the Department of Agriculture, Conservation and Forestry, the department shall 
review ATV registration fees and maintenance needs of designated state-approved ATV 
trails in 2022 and 2023 and every 2 years thereafter.  The Commissioner of Inland Fisheries 
and Wildlife shall report the findings and recommendations from the review to the joint 
standing committee of the Legislature having jurisdiction over inland fisheries and wildlife 
matters by February 1st each year a review is required.  The committee may report out 
legislation related to ATV registration fees and maintenance needs of ATV trails to the 
session of the Legislature in which the report is received.
Sec. 11.  12 MRSA §13157-A, sub-§1-A, as amended by PL 2007, c. 509, §1, is 
further amended to read:
1-A.  Permission required.  A person may not operate an ATV on the land of another 
without the permission of the landowner or lessee.  Permission is presumed on designated 
state-approved ATV trails or in areas open to ATVs by landowner policy.  A landowner or 
lessee may limit the use of a designated state-approved ATV trail on that landowner's or 
lessee's property through agreements with the State or an ATV club to address 
environmental, public safety or management concerns, including by limiting the size and 
weight of ATVs permitted on the landowner's or lessee's property.  A person operating an 
ATV, including an oversized ATV, on designated state-approved ATV trails shall adhere 
to limitations imposed by a landowner or lessee and the State on that part of the designated 
state-approved ATV trail on the landowner's or lessee's property in accordance with this 
subsection.  Written permission of the landowner or lessee is required for use of an ATV 
on cropland or pastureland or in an orchard.  As used in this subsection, "cropland" means 
acreage in tillage rotation, land being cropped and land in bush fruits and "pastureland" 
means acreage devoted to the production of forage plants used for animal production.  For 
purposes of this subsection, "oversized ATV" has the same meaning as defined in section 
13155, subsection 5-B.  Nothing in this subsection may be construed to limit or expand a 
landowner's or lessee's property rights.
A.  A person who violates this subsection commits a civil violation for which a fine of 
not less than $100 or more than $500 may be adjudged.
B.  A person who violates this subsection after having been adjudicated of having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime.
Sec. 12.  12 MRSA §13157-A, sub-§28 is enacted to read:
28.  Operation of oversized ATVs by residents.  Except as prohibited in this section, 
a resident may operate an oversized ATV on frozen bodies of water.  For purposes of this 
subsection, "oversized ATV" has the same meaning as defined in section 13155, subsection 
5-B.
Sec. 13.  12 MRSA §13160, sub-§1-A is enacted to read:
1-A.  Dealer to provide registration information.  A dealer may not sell a new or 
used oversized ATV without explaining orally and in writing to the purchaser the size and 
weight restrictions for registering that ATV under section 13155, subsection 5-B and the 
provisions of section 13157-A regarding the use of oversized ATVs on designated state-
approved ATV trails.  For purposes of this subsection, "oversized ATV" has the same 
meaning as defined in section 13155, subsection 5-B.
Sec. 14.  Oversized ATV education component.  The Department of Inland 
Fisheries and Wildlife shall develop and make available an education component for ATV 
dealers and owners and ATV registration agents regarding the operation and registration of 
oversized ATVs, as defined in the Maine Revised Statutes, Title 12, section 13155, 
subsection 5-B.  The education component must provide guidance regarding which ATVs 
are considered oversized ATVs, when oversized ATVs may be registered and where 
oversized ATVs may be operated pursuant to Title 12, section 13155, subsection 3.
Sec. 15.  Effective date.  That section of this Act that amends the Maine Revised 
Statutes, Title 12, section 13155, subsection 5 takes effect May 1, 2022.
SUMMARY
This bill does the following.
1.  Pursuant to Resolve 2019, chapter 35, section 1, the bill increases the registration 
fees for all-terrain vehicles by $25 for each type of registration.  The bill provides that the 
Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands must 
use the registration fees deposited into the ATV Recreational Management Fund to oversee 
construction and maintenance of designated state-approved all-terrain vehicle trails.
2.  It adds an annual inspection of designated state-approved all-terrain vehicle trails to 
the purposes of the ATV Recreational Management Fund.
3.  It ensures that funds in the ATV Recreational Management Fund may be used to 
assist in the design and development of all-terrain vehicle trails following the design 
specifications developed by the Department of Agriculture, Conservation and Forestry, 
Bureau of Parks and Lands.
4.  For registration purposes, it creates a category of “antique all-terrain vehicle,” which 
is an all-terrain vehicle over 25 years old, and provides that the registration fee for an 
antique all-terrain vehicle is $33.
5.  It creates a category of “oversized all-terrain vehicle,” which is an all-terrain vehicle 
that is wider than 65 inches or weighs more than 2,000 pounds according to the 
manufacturer’s specifications. Registration of an oversized all-terrain vehicle is allowed 
only for residents who have previously registered that oversized all-terrain vehicle prior to 
August 1, 2021. Registration of an oversized all-terrain vehicle may not be transferred to 
another person.
6.  It requires the Department of Agriculture, Conservation and Forestry and the 
Department of Inland Fisheries and Wildlife to review all-terrain vehicle registration fees 
and maintenance needs for all-terrain vehicle trails in 2022 and 2023 and every 2 years 
thereafter and report their findings to the joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters.
7.  It allows operation of an unregistered all-terrain vehicle on land that the operator 
owns or leases.
8.  It reinforces landowner and lessee rights to limit use of all-terrain vehicles on 
designated state-approved all-terrain vehicle trails, including limiting the size and weight 
of all-terrain vehicles permitted. Operators of all-terrain vehicles, including oversized all-
terrain vehicles, on designated state-approved all-terrain vehicle trails must adhere to 
limitations imposed by landowners, lessees and the State.
9.  It provides that, when registering an oversized all-terrain vehicle, a registration agent 
must explain orally and in writing the size and weight restrictions for registering that all-
terrain vehicle and provisions of the law regarding the use of all-terrain vehicles on 
designated state-approved all-terrain vehicle trails.
10.  It allows residents to operate oversized all-terrain vehicles on frozen bodies of 
water.
11.  It requires that a dealer selling a new or used oversized all-terrain vehicle explain 
orally and in writing the size and weight restrictions for registering that all-terrain vehicle 
and the provisions of law regarding the use of all-terrain vehicles on designated state-
approved all-terrain vehicle trails.  It also requires the Department of Inland Fisheries and 
Wildlife to develop and make available an education component for ATV owners and ATV 
registration agents regarding the operation and registration of oversized ATVs, including 
guidance regarding which ATVs are considered oversized ATVs, under which conditions 
oversized ATVs may be registered and where oversized ATVs may be operated.