(7) An ATV may be operated on a public way on the extreme right of the traveled way by a law enforcement officer for the sole purpose of traveling between the place where the ATV is usually stored and an area to be patrolled by the law enforcement officer.; and

(8)__Notwithstanding subparagraphs (1) to (7), ATV's may be operated on the extreme right of a public way within the built-up portion of a municipality, unorganized or unincorporated township if the appropriate governmental unit has designated the public way as an ATV-access route.__A public way designated by an appropriate governmental unit as an ATV-access route must be posted conspicuously at regular intervals by that governmental unit with highly visible signs designating the ATV-access route.__Before designating a public way as an ATV-access route, the appropriate governmental unit shall make appropriate determinations that ATV travel on the extreme right of the public way may be conducted safely and will not interfere with vehicular traffic on the public way.__For purposes of this subparagraph, "appropriate governmental unit" means the Department of Transportation, county commissioners or municipal officers within their respective jurisdictions.__The jurisdiction of each appropriate governmental unit over public ways pursuant to this subparagraph is the same as its jurisdiction over the passage of vehicles on public ways pursuant to Title 29-A, section 2395.__Municipal or county law enforcement officials having jurisdiction have primary enforcement authority over any route established under this subparagraph.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

The purpose of this bill is to allow the operation of ATV's on the extreme right of a public way within the built-up portion of a municipality, unorganized or incorporated township if the appropriate governmental unit has designated the public way as an ATV-access route.