2. Criminal.__A person who violates a rule regulating ATVs 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. B-403. 12 MRSA §13154, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. B-404. 12 MRSA §13154-A is enacted to read:

§13154-A.__Age restrictions

1.__Minimum age.__Except as provided in subsection 5, a person under 10 years of age may not 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.

2.__Permitting child under 10 years to operate ATV.__Except as provided in subsection 6, a person may not permit a child under 10 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.

3.__Unlawfully operating ATV by person 10 to under 16 years of age.__Except as provided in subsection 6, a person 10 years of age or older but under 16 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.