Summary of Maine ATV & Snowmobile Laws 2023 - 2024 2023-2024 | Page 15

LAWS & RULES : ALL-TERRAIN VEHICLE ( ATV ) 13 sioner ; or
( 3 ) Operate an ATV without a working spark arrester .
B . In addition to any penalties imposed under this subsection , the court may , subject to section 9321 and Title 17-A , chapter 54 , order restitution for fire suppression costs incurred by state or municipal government entities in suppressing a fire caused by an ATV operating without a working spark arrester .
26 . Prohibited equipment . A person may not operate an ATV that is equipped with a snorkel kit or other equipment designed to allow the ATV to be used in deep water except with the permission of the owner of the land on which the ATV is operated or as provided in section 13159 .
27 . Operation of ATV in prohibited area . The following provisions establish areas where the operation of an ATV is prohibited .
A . A person may not operate an ATV :
( 1 ) On a salt marsh , intertidal zone , marine sand beach , sand dune or any cemetery , burial place or burying ground ; or
( 2 ) When the ground is not frozen and sufficiently covered with snow to prevent direct damage to the vegetation :
( a ) On alpine tundra ;
( b ) On a freshwater marsh or bog , river , brook , stream , great pond , nonforested wetland or vernal pool ; or
( c ) In a source water protection area as defined in Title 30-A , section 2001 , subsection 20-A .
The provisions of this subparagraph do not apply to a trail designated for ATV use by the Department of Agriculture , Conservation and Forestry . The provisions of this subparagraph also do not apply to a person accessing land for maintenance or inspection purposes with the landowner ’ s permission or to local , state , or federal government personnel in the performance of official duties , provided there is no significant ground disturbance or sedimentation of water bodies .
§ 13158-A – Unlawfully permitting operation ; liability for damage by other persons
1 . ATV owner ; operation by another . A person is in violation of this subsection if that person is the owner of an ATV that is operated in violation of this chapter .
2 . Parent or guardian ; operation by minor . A person is in violation of this subsection if that person is a parent or guardian responsible for the care of a minor under 18 years of age who is operating an ATV in violation of this chapter .
3 . Furnishing ATV . An owner of an ATV , a person who gives or furnishes an ATV to a person and a parent or guardian responsible for the care of a minor under 18 years of age are jointly and severally liable with the operator for damages caused in the operation of the vehicle or by the minor in operating any ATV .
§ 13159 – Racing meets
Notwithstanding section 13155 and section 13157-A , subsection 16 , paragraph A , subsection 17 , and subsection 25 ATVs used exclusively for scheduled racing meets and operated solely on predefined race , courses are exempt from the provisions of this chapter concerning registration , mufflers , snorkel kits , and lights during the time of operation at these meets and at all prerace practices at the location of the meets .
§ 13160 – Dealer ’ s registration and license
1 . Application and issuance . A person may not engage in the business of selling ATVs in the State unless that person has registered as a dealer and secured a valid dealer ’ s license from the commissioner . A dealer so registered and licensed need not register individual ATVs .
2 . Fees . The annual license fee for a dealer registered under subsection 1 is $ 15 . The license runs from July 1st of each year .
A . A dealer licensed under Title 29-A , section 954 , subsection 2 is not required to pay the license fee under this subsection .
3 . Dealer ’ s number plates . Dealer ’ s number plates must be provided and obtained as follows .
A . A dealer registered under subsection 1 may receive dealer ’ s number plates for a $ 5 annual fee for each plate .
B . Replacements for lost or stolen plates may be obtained for a fee of $ 5 for each plate .
C . If a number plate is lost or stolen , the owner shall notify the commissioner immediately .
4 . Temporary registration certificate . The commissioner may issue temporary registration certificates to a registered dealer who may , upon the sale or exchange of an ATV , issue a temporary registration certificate to a new owner , in order to allow the new owner to operate the ATV for a period of 20 consecutive days , after the date of sale in lieu of a permanent number as required by this chapter . The fee for each temporary registration is $ 1 .
5 . Display of dealer ’ s number plate . A dealer shall display the dealer ’ s number on each ATV being used until the sale of the ATV , whereupon it becomes the owner ’ s responsibility to register the ATV .
6 . Warranties and information on used ATVs . A dealer who offers a warranty in connection with the sale or transfer of a used ATV shall furnish a written statement concerning that warranty . The statement regarding the warranty must indicate the parts or systems of the vehicle that are covered and those not covered by the warranty and what the dealer will do in the event of a defect and at whose expense repairs be made . The dealer shall also furnish before sale a written statement identifying any and all defects known to the dealer and any type of damage that the vehicle has sustained if such information is known to the dealer .
§ 13161 – Sale of ATV ; light equipment
1 . Headlight and taillight required . A person may not sell or offer to sell a new ATV unless :
A . That ATV is equipped with a functioning headlight and taillight ; or
B . The ATV :
( 1 ) Is a 2-wheel off-road motorcycle ; or
( 2 ) Has an engine size of 90 cubic centimeters or less and has 4 or more wheels .
1-A . Dealer to provide registration information . A dealer may not sell a new or used oversized ATV without providing to the purchaser a written form developed and provided by the department explaining the size and weight restrictions for registering that ATV under section 13155 , subsection 5-B and the provisions of section 13157-A regarding the use of oversized ATVs on designated state-approved ATV trails . The department shall develop a form for use by dealers under this section , which must include a place for a purchaser to sign acknowledging receipt of the form . For purposes of this subsection , “ oversized ATV ” has the same meaning as defined in section 13155 , subsection 5-B . ■
2023-24 STATE OF MAINE SUMMARY OF LAWS & RULES ATV & SNOWMOBILE