Maine Revised Statutes Title 12 Sec. 13155 – Registration
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1. Operating unregistered ATV.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §405 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 13155
- antique ATV: means an all-terrain vehicle more than 25 years old that is substantially maintained in its original or restored condition. See Maine Revised Statutes Title 12 Sec. 13001
- 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. See Maine Revised Statutes Title 12 Sec. 13001
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
- Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001
- Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001
- Owner: means :
A. See Maine Revised Statutes Title 12 Sec. 13001Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Operating unregistered ATV. Except as provided in paragraph A and subsection 5?B, a person may not operate an ATV that is not registered in accordance with subsection 3.
A. The following exceptions apply.
(1) Registration is not required for an ATV operated on land that the ATV operator owns or leases, regardless of where that ATV operator is domiciled, as long as the ATV is not operated elsewhere within the jurisdiction of the State.
(2) Registration is not required for an ATV operated by a commercial ski area for the purpose of packing snow or for rescue operations on the commercial ski area, unless the ATV is required to cross a public way during that operation.
(3) An ATV owned and operated in the State by the Federal Government, the State or a political subdivision of the State is exempt from registration fees but must be registered and is required to display registration numbers.
(4) An ATV registration for the farm use specified in Title 29?A, section 501, subsection 8, paragraph E is not required for a vehicle registered with the Secretary of State under Title 29?A, section 501, subsection 8.
(5) An ATV registered in another state or in a Canadian province may be operated without being registered pursuant to this section at a special event organized to occur in this State if the special event organizer submits a request in writing to the commissioner 60 days prior to the special event and provides the commissioner with a map of the trails to be used during the special event and the commissioner approves the request.
(6) An ATV owned or under the control of an ATV manufacturer may be operated without a Maine registration at a demonstration event organized to occur in this State if such operation is approved by the commissioner. An ATV manufacturer or a representative of an ATV manufacturer must submit a request in writing to the commissioner at least 60 days prior to the demonstration event and shall include a description and the location of the event.
(7) The commissioner may annually establish one 3-consecutive-day period, 2 days of which are weekend days, during which a nonresident may operate in the State an ATV that is not registered in this State if the nonresident’s ATV has a valid registration from another state or a Canadian province. [PL 2021, c. 215, §5 (AMD).]
B. The following penalties apply to violations of this subsection.
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $200 nor more than $500 may be adjudged.
(2) 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. [PL 2009, c. 213, Pt. OO, §21 (AMD).]
[PL 2021, c. 526, §1 (AMD).]
2. Reciprocity.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §407 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
3. Application and issuance. The commissioner, or an agent designated by the commissioner, may register and assign a registration number to an ATV upon application and payment of a fee by the owner. The commissioner shall charge a fee of $1 in addition to the fee for each registration issued by an employee of the department. The registration number in the form of stickers issued by the commissioner must be clearly displayed on the front and rear of the vehicle. An annual registration is valid for one year commencing July 1st of each year, except that any registration issued prior to July 1st but after May 1st is valid from the date of issuance until June 30th of the following year. A registration agent shall provide to the person who requests to register an oversized ATV under subsection 5?B a written form developed and provided by the department explaining the size and weight restrictions for registering that ATV, including whether it qualifies for registration, and explaining the provisions of section 13157?A regarding the operation of oversized ATVs on designated state-approved ATV trails. The department shall develop a form for use by registration agents under this subsection.
[PL 2021, c. 215, §6 (AMD); PL 2021, c. 411, §8 (AMD).]
4. Form of registration. An ATV registration must be in such form as the commissioner may determine.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5. Fees. The ATV registration fee is:
A. For a resident, $70 annually. The registration for an ATV owned by a resident is valid for one year, beginning on July 1st of each year; and [PL 2021, c. 215, §7 (AMD); PL 2021, c. 215, §15 (AFF).]
B. For a nonresident:
(1) One hundred dollars for a registration valid for 7 consecutive days. A person may purchase more than one 7-day registration in any season; and
(2) One hundred fifteen dollars for a registration valid for one year.
The registration for an ATV owned by a nonresident must specify the dates for which the registration is valid. [PL 2021, c. 215, §7 (AMD); PL 2021, c. 215, §15 (AFF).]
Thirty-seven dollars of each fee collected pursuant to this subsection must be deposited in the ATV Recreational Management Fund established in section 1893, subsection 2 and must be used to maintain designated state-approved ATV trails.
Ten dollars of each fee collected pursuant to paragraph B must be deposited in the ATV Enforcement Fund established in section 10267.
[PL 2021, c. 215, §7 (AMD); PL 2021, c. 215, §15 (AFF).]
5-A. Temporary fee.
[PL 2003, c. 655, Pt. B, §408 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF); MRSA T. 12 §13155, sub-§5-A (RP).]
5-B. Oversized ATV; exception. A person may not register an oversized ATV except as provided in this subsection. A resident who has registered an oversized ATV prior to January 1, 2022 may continue to register that oversized ATV upon payment of the fee specified in subsection 5, paragraph A, and upon a transfer of ownership of that registered oversized ATV, the new owner may also register that oversized ATV upon payment of the fee specified in subsection 5, paragraph A. Registration is not required for an oversized ATV operated by a person on the land of another if written permission is received from the landowner or lessee of the land and the person is engaged solely in a business activity, other than a business activity involving recreational use of the oversized ATV. For purposes of this subsection, “oversized ATV” means an ATV that is wider than 65 inches or weighs more than 2,000 pounds according to the manufacturer’s specifications.
[PL 2021, c. 526, §2 (AMD).]
5-C. Antique ATV. A person who owns an antique ATV may register that ATV under this subsection as an antique ATV. Notwithstanding subsection 5, the fee for an antique ATV registration is $45. An antique ATV registration is valid until the ownership of the ATV is transferred to another person. Upon the transfer of ownership, the new owner may reregister that ATV as an antique ATV by paying the $45 antique ATV registration fee. Notwithstanding section 10206, all registration fees for antique ATVs must be deposited in the General Fund.
[PL 2021, c. 215, §9 (NEW).]
6. Duplicate registration certificate. The holder of a registration certificate issued under this section may obtain a duplicate from the commissioner upon application and payment of a fee of $1.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
7. Transfer of ownership, discontinuance of use. A transfer of ownership or discontinuance of use of an all-terrain vehicle is subject to this subsection.
A. Whoever transfers the ownership or discontinues the use of a registered all-terrain vehicle shall, within 10 days, properly sign the registration, indicate the disposition of the all-terrain vehicle and return the registration to the commissioner. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. An all-terrain vehicle owner who transfers ownership or discontinues its use may, within 10 days from the date of transfer or discontinuance, apply to the commissioner for registration of another all-terrain vehicle. The fee for the transfer is $4, and the registration is valid for the remainder of the registration year for which the previous all-terrain vehicle had been registered. [PL 2007, c. 651, §20 (AMD).]
C. When there is a change of ownership of an all-terrain vehicle for which a registration has previously been issued, the new owner shall apply for a new registration and shall pay the applicable fee under subsection 5. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2007, c. 651, §20 (AMD).]
8. Restrictions.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §409 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
8-A. Registration inspection. An owner or operator of an ATV shall present a registration certificate or an online registration receipt for inspection by any law enforcement officer on demand. An owner or operator of an ATV may present a registration certificate or an online registration receipt in electronic form.
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. [PL 2003, c. 655, Pt. B, §410 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
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. [PL 2003, c. 655, Pt. B, §410 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2021, c. 130, §4 (AMD).]
8-B. Notification of destroyed, abandoned, stolen or permanently removed ATV. The registrant shall notify the commissioner if an ATV is destroyed, abandoned, stolen or permanently removed from the State.
[PL 2003, c. 655, Pt. B, §410 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
9. Display of registration numbers. Each new ATV sold in the State must have a space 6 inches in width by 3 1/2 inches in height provided on the front and rear of the machine, as high above the tires as possible, for the vertical display of the registration numbers. A person may not operate an ATV that is required to be registered under this section unless registration numbers in the form of stickers are displayed in these spaces or as otherwise required by the department. A person may operate an ATV registered online without displaying a registration number until that person receives the registration certificate from the department or for 30 days after registering the ATV online, whichever occurs first.
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. [PL 2003, c. 655, Pt. B, §411 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
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. [PL 2003, c. 655, Pt. B, §411 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2015, c. 281, Pt. B, §1 (AMD).]
10. Training and education. The department shall provide training and education relating to ATVs.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
11. Members of armed forces permanently stationed in State. The following persons are eligible to register an ATV owned by them at the resident fee:
A. A person serving in the Armed Forces of the United States who is permanently stationed at a military or naval post, station or base in the State; and [PL 2021, c. 184, §16 (AMD).]
B. The spouse and children of the person described in paragraph A if the spouse and children permanently reside with that person. [PL 2021, c. 184, §16 (AMD).]
A member of the armed forces described in paragraph A or the spouse or child of that member who desires to register an ATV shall present certification from the commander of the post, station or base, or from the commander’s designated agent, that the member is permanently stationed at that post, station or base. Registration fees for registrations pursuant to this subsection must be allocated as if the person registering the ATV was a resident of the municipality in which the post, station or base is situated.
[PL 2021, c. 184, §16 (AMD).]
12. Review of ATV registration fees and trail maintenance needs. In consultation with the Department of Agriculture, Conservation and Forestry, the department shall review ATV registration fees and maintenance needs of designated state-approved ATV trails in 2022 and 2023 and every 2 years thereafter. The Commissioner of Inland Fisheries and Wildlife shall report the findings and recommendations from the review to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters by February 1st each year a review is required. The committee may report out legislation related to ATV registration fees and maintenance needs of ATV trails to the session of the Legislature in which the report is received.
[PL 2021, c. 215, §10 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B405-411 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2003, c. 695, §B13 (AMD). PL 2003, c. 695, §C1 (AFF). PL 2005, c. 12, §III43 (AMD). PL 2005, c. 177, §1 (AMD). PL 2007, c. 70, §1 (AMD). PL 2007, c. 651, §20 (AMD). PL 2009, c. 184, §2 (AMD). PL 2009, c. 213, Pt. OO, §21 (AMD). PL 2009, c. 340, §§21-23 (AMD). PL 2011, c. 116, §1 (AMD). PL 2011, c. 116, §2 (AFF). PL 2015, c. 281, Pt. B, §1 (AMD). PL 2017, c. 97, §3 (AMD). PL 2019, c. 75, §3 (AMD). PL 2021, c. 130, §4 (AMD). PL 2021, c. 184, §16 (AMD). PL 2021, c. 215, §§5-10 (AMD). PL 2021, c. 215, §15 (AFF). PL 2021, c. 411, §8 (AMD). PL 2021, c. 526, §§1, 2 (AMD).