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An Act Regarding All-terrain Vehicles
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 that was originally designed by the manufacturer for and is capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain. "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 automobilea 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 purposes42.
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 passengermotor 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.
 
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.