LD 77
pg. 1
LD 77 Title Page An Act to Require Permission for an ATV to Cross Private Land Page 2 of 3
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LR 326
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §7826-A is enacted to read:

 
§7826-A.__Unlawfully operating motor vehicle on snowmobile

 
trail

 
A person is guilty of unlawfully operating a vehicle on a
snowmobile trail if that person operates any 4-wheel drive
vehicle, dune buggy, motorcycle or other motor vehicle, other
than a snowmobile and appurtenant equipment, at any time on
snowmobile trails that are financed in whole or in 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.__Operation of an ATV on such a trail is
governed by section 7856.

 
A person who violates this subsection commits a civil
violation for which a forfeiture of not less than $100 and not
more than $500 may be adjudged.

 
Sec. 2. 12 MRSA §7856, sub-§3 is enacted to read:

 
3.__Written permission required.__A person may not operate
an ATV upon land of another unless the person has the written
permission of the landowner or the landowner's agent or unless
the landowner specifically permits the operation of ATVs on
the land without written permission.__This subsection does not
apply to the operation of an ATV on land owned by a federal,
state or local governmental entity or on or across a railroad
right-of-way.__Operation of an ATV on or across a public way
is governed by section 7857, subsections 5 and 24.__Operation
of an ATV on or across a railroad right-of-way is governed by
section 7857, subsections 18 and 24.

 
A person who violates this subsection commits a civil
violation for which a forfeiture of not less than $100 and not
more than $500 may be adjudged.

 
Sec. 3. 12 MRSA §7857, sub-§3, as amended by PL 2001, c. 289, §1, is
repealed.

 
Sec. 4. 12 MRSA §7857, sub-§4, as enacted by PL 1983, c. 297, §§1
and 3, is amended to read:

 
4. Unlawfully operating ATV on private road. A person is
guilty of unlawfully operating an ATV on a private road, if he
that person operates an ATV upon any private road after having
been forbidden to do so by the owner thereof, the owner's
agent


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