HP0813, LD 1109, item 1, An Act Regarding the Size and Weight of All-terrain Vehicles, the Operation of Motor Vehicles on Designated All-terrain Vehicle Trails and the Operation of All-terrain Vehicles on Trails Posted with Size or Weight Limits

An Act Regarding the Size and Weight of All-terrain Vehicles, the Operation of Motor Vehicles on Designated All-terrain Vehicle Trails and the Operation of All-terrain Vehicles on Trails Posted with Size or Weight Limits

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

Sec. 1. 12 MRSA §13001, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

3. All-terrain vehicle or ATV. "All-terrain vehicle" or "ATV" means a motor-driven, off-road, recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain , the width of which does not exceed 65 inches and the weight of which does not exceed 2,000 pounds. "All-terrain vehicle" or "ATV" includes, but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. For purposes of this subpart, "all-terrain vehicle" or "ATV" does not include an automobile a motor vehicle as defined in Title 29-A, section 101, subsection 7; an electric personal assistive mobility device as defined in Title 29-A, section 101, subsection 22-A; a truck as defined in Title 29-A, section 101, subsection 88; a snowmobile; an airmobile; a construction or logging vehicle used in performance of its common functions; a farm vehicle used for farming purposes; or a vehicle used exclusively for emergency, military, law enforcement or fire control purposes 42.

Sec. 2. 12 MRSA §13157-A, sub-§5-A, as enacted by PL 2007, c. 202, §1, is amended to read:

5-A. Operating a motor vehicle on an ATV trail. A person may not operate a truck, pickup truck or passenger motor vehicle as defined in Title 29-A, section 101, subsection 42 on a designated ATV trail that is not on a gravel road system unless that use has been authorized by the landowner or the landowner's agent or it is necessitated by an emergency involving the safety of a person or property. For purposes of this subsection, "pickup truck" and "truck" have the same meanings as in Title 29-A, section 101, subsections 55 and 88, respectively, and "passenger vehicle" means a self-propelled 4-wheel motor vehicle designed primarily to carry passengers on public roads.

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.

Sec. 3. 12 MRSA §13157-A, sub-§5-B is enacted to read:

5-B. Operating ATV on ATV trail posted with size or weight restrictions. A person may not operate an ATV on a trail posted with size or weight restrictions unless that use has been authorized by the landowner or the landowner's agent. The following penalties apply to violations of this subsection.

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.

summary

This bill limits, by definition, the size of an all-terrain vehicle to 65 inches in width and 2,000 pounds in weight, prohibits operation of motor vehicles on a designated all-terrain vehicle trail that is not on a gravel road system and prohibits operation of all-terrain vehicles on trails posted with size or weight limitations unless that use has been authorized by the landowner or the landowner's agent.

HP0813 LD 1109	Session - 129th Maine Legislature		LR 697 Item 1
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