PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Regarding the Use of Helmets by Minors Riding in an All-terrain Vehicle with an Adult
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §13157-A, sub-§14, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:
 
14. Carrying passenger on ATV without headgear.   Notwithstanding Title 29-A, section 2083, a person operating an ATV may not carry a passenger under 18 years of age on anthe ATV unless the passenger is wearing protective headgear, except that the operator may carry a passenger who is not wearing protective headgear if the passenger is under 8 years of age and is riding directly adjacent to the operator on an ATV with side-by-side seating when the operator is a parent, grandparent or legal guardian of the passenger.
 
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.
 
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.
 
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 provides an exemption to the requirement that a passenger under 18 years of age on an all-terrain vehicle wear protective headgear. The bill allows a parent, grandparent or legal guardian of a passenger to operate an all-terrain vehicle while the passenger on that all-terrain vehicle is not wearing protective headgear when the passenger is under 8 years of age and is riding directly adjacent to the operator on an all-terrain vehicle with side-by-side seating.