Sec. 1. 12 MRSA §13157-A, sub-§1-A, as enacted by PL 2005, c. 397, Pt. E, §21, is amended to read:

1-A. Permission required. A Except as provided in subsection 1-B, a person may not operate an ATV on the land of another without the permission of the landowner or lessee. Permission is presumed on ATV trails that are conspicuously posted or in areas open to ATVs by landowner policy. Written permission of the landowner or lessee is required 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.

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. 2. 12 MRSA §13157-A, §1-B is enacted to read:

1-B. Permission not required.__A person may operate an ATV on the land of another without the permission of the landowner or lessee if the person has a deeded right-of-way to the land and that person is obligated to maintain the right-of-way.

SUMMARY

Under current law, a person may not operate an ATV on the land of another without the express permission of the landowner or lessee. This bill enacts an exception to that requirement for a situation in which the person has a deeded right-of-way to the land and that person is obligated to maintain the right-of-way.