Sec. 1. 12 MRSA §13152, sub-§2, as affected by PL 2003, c. 614, §9; repealed and replaced by c. 655, Pt. B, §401 and affected by §422; and repealed and replaced by c. 695, Pt. B, §10 and affected by Pt. C, §1, is repealed and the following enacted in its place:

2.__Training.__A person over 9 years of age and under 14 years of age must successfully complete a training program approved by the department prior to operating an ATV except on:

A.__Land on which that person is domiciled;

B.__Land owned or leased by that person's parent or guardian;

C.__A safety training site approved by the department; or

D. Land where permission for the use has been granted to the person's parent or guardian.

A person under 14 years of age must attend the training program with that person's parent or guardian.__The training program must include instruction on the safe operation of ATVs, the laws pertaining to ATVs, the effect of ATVs on the environment and ways to minimize that effect, courtesy to landowners and other recreationists and landowners and other materials as determined by the department.

Sec. 2. 12 MRSA §13154-A, sub-§§3 to 5, as enacted by PL 2003, c. 655, Pt. B, §404 and affected by §422 and enacted by c. 695, Pt. B, §12 and affected by Pt. C, §1, are amended to read:

3. Unlawfully operating ATV by person 10 to under 14 years of age. Except as provided in subsection 6, a person 10 years of age or older but under 16 14 years of age may not operate an ATV unless that person has successfully completed a training course approved by the department pursuant to section 13152 and is accompanied by an adult.

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.