Sec. 5. 12 MRSA §7857, sub-§23, as enacted by PL 1983, c. 297, §§1 and 3, is repealed.

Sec. 6. 12 MRSA §7901-A, sub-§12, śC, as enacted by PL 2001, c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended by repealing subparagraph (4).

Sec. 7. 12 MRSA §7901-A, sub-§12, śC, as enacted by PL 2001, c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended by repealing subparagraph (24).

SUMMARY

This bill prohibits the operation of an ATV on private land without the written permission of the landowner or landowner's agent unless the landowner specifically permits ATVs without written permission. Current law includes a variety of provisions regarding the operation of an ATV on the land of another. The bill repeals or modifies these provisions to make the law consistent with the written-permission requirement. The bill also moves appropriate penalties into appropriate sections and repeals the penalties that applied to the provisions of law that are repealed by the bill.

1. Current law prohibits operation of any motor vehicle, including an ATV, on snowmobile trails financed with funds from the Snowmobile Trail Fund unless operation has been authorized by the landowner or the landowner's agent or unless the use is necessitated by an emergency involving safety of persons or property. The bill amends the language to cross reference the written-permission requirement for ATV and moves the amended provision to a more appropriate section of the law.

2. Current law prohibits a person from operating an ATV on a private road after having been forbidden to do so by the owner thereof, the owner's agent or a municipal official, either personally or by appropriate notices posted conspicuously on that road. The bill adds to this section a cross-reference to the written-permission requirement to clarify that a person who has not been forbidden to operate an ATV on the road still must obtain permission to operate on that road.

3. Current law prohibits operation of an ATV on any crop land or pastureland without the permission of the owner or