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| Sec. 2. 12 MRSA §13152, sub-§2, as repealed and replaced by PL 2005, c. | | 397, Pt. E, §17, is amended to read: |
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| | | 2. Training. A person over 9 years of age and under 16 19 | | years of age must successfully complete a training program | | approved by the department prior to operating an ATV except on: |
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| | | A. Land on which that person is domiciled; |
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| | | B. Land owned or leased by that person's parent or | | guardian; or |
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| | | C. A safety training site approved by the department. |
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| | | A person under 16 years of age must attend the training program | | with that person's parent or guardian. The training program must | | include instruction on the safe operation of ATVs, the laws | | pertaining to ATVs, the effect of ATVs on the environment and | | ways to minimize that effect, courtesy to landowners and other | | recreationists and landowners and other materials as determined | | by the department. |
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| | | Sec. 3. 12 MRSA §13154-A, sub-§2-A is enacted to read: |
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| | | 2-A.__Unlawfully operating ATV by person 10 to under 14 years | | of age.__Except as provided in subsection 6, a person 10 years of | | age or older but under 14 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. |
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| | | 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. |
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| | | 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. |
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| | | Sec. 4. 12 MRSA §13154-A, sub-§§3, 4 and 5, as enacted by PL 2003, c. | | 655, Pt. B, §404 and affected by §422 and enacted by c. 695, Pt. | | B, §12 and affected by Pt. C, §1, are amended to read: |
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| | | 3. Unlawfully operating ATV by person 14 to under 19 years of | age. Except as provided in subsection 6, a person 10 14 years of | age or older but under 16 19 years of age may not operate an ATV | | unless that person has successfully completed a training |
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