A.__This subsection does not apply when a person is operating an ATV on:

(1)__Public ways in accordance with subsections 3, 6, 7, 8 and 9;

(2)__The frozen surface of any body of water; or

(3)__Land that the operator owns or is permitted to use.

B.__The following penalties apply to violations of this subsection.

(1)__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.

(2) 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.

20.__Failure to report accident.__A person shall give notice of an ATV accident in accordance with this subsection.

A.__A person shall give notice by the quickest means of communication to a law enforcement officer available nearest to the place where the accident occurred if that person is:

(1)__The operator of an ATV involved in an accident resulting in injuries requiring the services of a physician or in the death of a person;

(2)__A person acting for such an operator; or

(3)__The owner of the involved ATV having knowledge of the accident if the operator of the ATV is unknown.

B.__A person shall give notice within 72 hours to the department on forms provided by the department if the person is:

(1)__The operator of an ATV involved in an accident that does not result in injuries requiring the services of a physician or in the death of a person but that