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LAWS & RULES : ALL-TERRAIN VEHICLE ( ATV )
Freshwater marshes and bogs . “ Freshwater marshes and bogs ” means naturally occurring open areas with saturated soils or peat , often associated with standing water and dominated by low herbaceous vegetation , grasses , weeds and shrubs and including wetlands , as shown on the Freshwater Wetlands Map Series , Division of Geology , Natural Areas and Coastal Resources , Maine Geological Survey , or zoned as a Wetland Protection Subdistrict , P-WL , by the Maine Land Use Planning Commission .
Operate . “ To operate ,” in all its moods and tenses , when it refers to an ATV , means to use an ATV in any manner within the jurisdiction of the State , whether or not the vehicle is moving .
Operator . “ Operator ” means the person who is in control or in charge of an ATV while it is in use .
Oversized ATV . For the definition of oversized ATV please see § 13155 .
Owner . “ Owner ” means : For the purposes of registration of an ATV , a person holding title to an ATV or having equitable interest in an ATV that entitles the person to possession of the ATV .
Private Way . As defined by Title 23 , section 1903-10-A , “ Private Way ” means a private road , driveway , or public easement . “ Public easement ” means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way , and includes all rights enjoyed by the public with respect to private ways dedicated to the public .
Protective headgear . “ Protective headgear ” means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90.1 or by the Federal Motor Vehicle Safety Standard No . 218 .
Public Way . As defined by Title 23 , section 1903-11 , “ Public Way ” means any road capable of carrying motor vehicles , including , but not limited to , any state highway , municipal road , county road , unincorporated territory road , or other road dedicated to the public .
§ 13002 – Collection by Commissioner
The commissioner or agents of the commissioner shall act on behalf of the State Tax Assessor to collect the use tax due under Title 36 , chapters 211 to 225 in respect to any ATV for which an original registration is required under this Title at the time and place of registration of that ATV .
All taxes collected pursuant to this section must be transmitted forthwith to the Treasurer of State and credited to the General Fund as undedicated revenue . The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section . Those administrative costs must be verified by the Department of Administrative and Financial Services .
For purposes of this section , “ original registration ” means any registration other than a renewal of registration by the same owner .
§ 13003 – Payment of sales or use tax prerequisite to registration
2 . Registration of ATV . Prior to registering an ATV , an agent of the commissioner shall collect sales or use tax due . Sales or use tax is due unless :
A . Repealed
B . The registration is a renewal registration by the same owner ;
C . The applicant possesses a dealer ’ s certificate showing that the sales tax was collected by the dealer . The State Tax Assessor shall prescribe the form of a dealer ’ s certificate .
D . The ATV is otherwise exempt from sales or use tax under Title 36 , section 1760 .
§ 13004 – Collection by State Tax Assessor
This section and sections 13002 , 13003 and 13005 must be construed as cumulative of other methods prescribed in Title 36 for the collection of the sales or use tax . These sections do not preclude the State Tax Assessor ’ s collecting the tax due in respect to any ATV in accordance with such other methods as are prescribed in Title 36 for the collection of the sales or use tax .
§ 13005 – Certificates to be forwarded to State Tax Assessor
An agent of the commissioner shall promptly forward all certificates submitted in accordance with section 13003 to the commissioner . The commissioner shall transmit all such certificates to the State Tax Assessor .
§ 13006 – Impoundment of ATVs
When a law enforcement officer issues a summons for a violation under chapter 939 , the officer may impound the ATV operated by the person who receives the summons if , in the judgment of the officer , based on actual previous offenses by the operator or other considerations ,
2023-24 STATE OF MAINE SUMMARY OF LAWS & RULES ATV & SNOWMOBILE
the operator will continue to operate the ATV in violation of chapter 939 and that operation may be a hazard to the safety of persons or property .
The operator or owner of an ATV impounded under this section may reclaim the ATV at any time subsequent to 24 hours after the issuance of the summons upon payment of the costs of impoundment to the enforcement agency impounding the ATV .
§ 13107 – Unlawfully operating vehicle on snowmobile trail
A person may not operate any 4-wheel drive vehicle , dune buggy , ATV , motorcycle , or any other motor vehicle , other than a snowmobile and appurtenant equipment , on snowmobile trails that are financed in whole or in part with funds from the Snowmobile Trail Fund , unless that use has been authorized by the landowner or the landowner ’ s agent , or unless the use is necessitated by an emergency involving safety or persons or property .
Exception : An ATV with tracks , registered as a snowmobile , may be operated on snowmobile trails .
Title 12 , Chapter 939
§ 13152 – License and training
1 . License . An operator ’ s license is not required for the operation of an ATV , except as required by Title 29-A .
2 . Training . A person 10 years of age or older but under 16 years of age must successfully complete a training program approved by the department prior to operating an ATV except on :
A . Land on which that person is domiciled ;
B . Land owned or leased by that person ’ s parent or guardian ; or
C . A safety training site approved by the department .
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 .
§ 13153 – Rule violations ; ATVs
The following penalties apply to violations of rules regulating ATVs .
1 . Civil . Notwithstanding section 10650 , a person who violates a rule regulating ATVs commits a civil violation for which a fine of not less than $ 100 nor more than $ 500 may be adjudged .