Maine Revised Statutes Title 12 Sec. 13001 – Definitions
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As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
1. Accompanied by adult. “Accompanied by an adult” means, with respect to operation of an ATV, within visual and voice contact and under the effective control of a child’s parent or guardian or another person 21 years of age or older.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
Terms Used In Maine Revised Statutes Title 12 Sec. 13001
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Airmobile: means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth. See Maine Revised Statutes Title 12 Sec. 13001
- Alpine tundra: means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Agriculture, Conservation and Forestry by rule pursuant to Title 5, chapter 375, subchapter 2. See Maine Revised Statutes Title 12 Sec. 13001
- 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
- Antique snowmobile: means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5. See Maine Revised Statutes Title 12 Sec. 13001
- Aquatic plant: means a plant species that requires a permanently flooded freshwater habitat. 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
- Boater safety and education course: means an online or in-person education course that:
A. See Maine Revised Statutes Title 12 Sec. 13001Boater safety and education course certificate: means a certificate or other evidence of completion of a boater safety and education course or an equivalency exam specified or approved by the commissioner pursuant to section 13052, subsection 2. See Maine Revised Statutes Title 12 Sec. 13001 Bow: means the forward half of a watercraft. 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 Cowling: means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly. See Maine Revised Statutes Title 12 Sec. 13001 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001 Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001 Dwelling: means any building used as a permanent residence or place of domicile. See Maine Revised Statutes Title 12 Sec. 13001 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Federal waters: means all waters that are not internal waters and are subject to the jurisdiction of the United States. See Maine Revised Statutes Title 12 Sec. 13001 Freshwater marshes and bogs: means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission. See Maine Revised Statutes Title 12 Sec. 13001 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Internal waters: means waters under the exclusive jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001 Invasive aquatic plant: means a species of aquatic plant described in Title 38, section 410?N. See Maine Revised Statutes Title 12 Sec. 13001 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. Marina or boat yard owner: means a person who owns a facility that leases storage, docking or mooring space to watercraft. See Maine Revised Statutes Title 12 Sec. 13001 Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001 Motorboat: means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft. See Maine Revised Statutes Title 12 Sec. 13001 Motorboat carrying passengers for hire: means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft. See Maine Revised Statutes Title 12 Sec. 13001 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. 13001Passenger: means every person carried on board a watercraft other than:
A. See Maine Revised Statutes Title 12 Sec. 13001Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Personal watercraft: includes , but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. See Maine Revised Statutes Title 12 Sec. 13001 Protective headgear: means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90. See Maine Revised Statutes Title 12 Sec. 13001 Recreational boating: means operating a motorboat primarily for the operator's pleasure or leasing, renting or chartering a motorboat to another person for the other person's pleasure. See Maine Revised Statutes Title 12 Sec. 13001 Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001 State of principal use: means the state on whose waters a watercraft is used or to be used most during a calendar year. See Maine Revised Statutes Title 12 Sec. 13001 United 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 Water safety zone: means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island. See Maine Revised Statutes Title 12 Sec. 13001 Watercraft: means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. See Maine Revised Statutes Title 12 Sec. 13001 Waters of this State: means all internal waters and all federal waters within the jurisdiction of the State. 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
2. Airmobile. “Airmobile” means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
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. “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 a motor vehicle as defined in Title 29?A, section 101, subsection 42.
[PL 2019, c. 204, §1 (AMD).]
4. Alpine tundra. “Alpine tundra” means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Agriculture, Conservation and Forestry by rule pursuant to Title 5, chapter 375, subchapter 2.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
4-A. Antique all-terrain vehicle or antique ATV. “Antique all-terrain vehicle” or “antique ATV” means an all-terrain vehicle more than 25 years old that is substantially maintained in its original or restored condition.
[PL 2021, c. 215, §4 (NEW).]
5. Antique snowmobile. “Antique snowmobile” means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
6. Aquatic plant. “Aquatic plant” means a plant species that requires a permanently flooded freshwater habitat.
[PL 2011, c. 47, §1 (AMD).]
6-A. Boater safety and education course. “Boater safety and education course” means an online or in-person education course that:
A. Provides basic information for recreational boaters about how to identify and reduce primary boating risk factors and mitigate the dangers of recreational boating; and [PL 2021, c. 656, §1 (NEW).]
B. Meets a national association of boating law administrators standard and is approved by the commissioner pursuant to section 13052, subsection 2. [PL 2021, c. 656, §1 (NEW).]
[PL 2021, c. 656, §1 (NEW).]
6-B. Boater safety and education course certificate. “Boater safety and education course certificate” means a certificate or other evidence of completion of a boater safety and education course or an equivalency exam specified or approved by the commissioner pursuant to section 13052, subsection 2.
[PL 2023, c. 206, §1 (AMD).]
7. Bow. “Bow” means the forward half of a watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
8. Cowling. “Cowling” means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
9. Division. “Division” means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering.
[PL 2009, c. 340, §18 (AMD).]
10. Dwelling. “Dwelling” means any building used as a permanent residence or place of domicile.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
11. Federal waters. “Federal waters” means all waters that are not internal waters and are subject to the jurisdiction of the United States.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12. Freshwater marshes and bogs. “Freshwater marshes and bogs” means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission.
[PL 2013, c. 405, Pt. C, §12 (AMD).]
13. Internal waters. “Internal waters” means waters under the exclusive jurisdiction of the State.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
14. Invasive aquatic plant. “Invasive aquatic plant” means a species of aquatic plant described in Title 38, section 410?N.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
15. Marina or boat yard owner. “Marina or boat yard owner” means a person who owns a facility that leases storage, docking or mooring space to watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
16. Motorboat. “Motorboat” means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
17. Motorboat carrying passengers for hire. “Motorboat carrying passengers for hire” means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
18. Operate. “To operate,” in all its moods and tenses, means:
A. When it refers to a snowmobile, to use a snowmobile in any manner within the jurisdiction of the State, whether or not the vehicle is under way; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. When it refers to watercraft of any type or description, to use that watercraft in any manner on the waters specified, whether or not the watercraft is under way; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. When it refers to an ATV, to use an ATV in any manner within the jurisdiction of the State, whether or not the vehicle is moving. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
19. Operation. “Operation” means the act of operating as defined in subsection 18.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §354 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
20. Operator. “Operator” means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §354 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
21. Owner. “Owner” means:
A. For the purpose of registration of a snowmobile, a person holding title to a snowmobile or having equitable interest in a snowmobile that entitles the person to possession of the snowmobile; [PL 2021, c. 54, §20 (AMD).]
B. For the purpose of registration of a watercraft, a person holding title to a watercraft or having equitable interest in a watercraft that entitles the person to possession of the watercraft; or [PL 2021, c. 54, §20 (AMD).]
C. For the purposes of registration of an ATV, a person holding title to an ATV or having equitable interest in an ATV that entitles the person to possession of the ATV. [PL 2021, c. 54, §20 (AMD).]
[PL 2021, c. 54, §20 (AMD).]
22. Passenger. “Passenger” means every person carried on board a watercraft other than:
A. The owner or the owner’s representative; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. The operator; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Bona fide members of the crew engaged in the business of the watercraft who have not contributed consideration for their carriage and who are paid for their services; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
D. A guest on board a watercraft that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for that guest’s carriage. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §354 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
23. Personal watercraft. “Personal watercraft” means any motorized watercraft that is 14 feet or less in hull length as manufactured, has as its primary source of propulsion an inboard motor powering a jet pump and is capable of carrying one or more persons in a sitting, standing or kneeling position. “Personal watercraft” includes, but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. “Personal watercraft” also includes motorized watercraft whose operation is controlled by a water skier. “Personal watercraft” does not include a motorized watercraft that does not have a horsepower rating greater than 15 horsepower and does not generate an unreasonable amount of noise.
[PL 2007, c. 169, §1 (AMD).]
24. Protective headgear. “Protective headgear” means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90.1 or by the Federal Motor Vehicle Safety Standard No. 218.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
24-A. Recreational boating. “Recreational boating” means operating a motorboat primarily for the operator’s pleasure or leasing, renting or chartering a motorboat to another person for the other person’s pleasure. “Recreational boating” does not include using a motorboat engaged in the carriage of passengers for hire.
[PL 2023, c. 206, §2 (NEW).]
25. Snowmobile. “Snowmobile” means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. “Snowmobile” does not include a motor vehicle as defined in Title 29?A, section 101.
[PL 2019, c. 452, §9 (AMD).]
26. State of principal use. “State of principal use” means the state on whose waters a watercraft is used or to be used most during a calendar year.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
27. Use. “Use” means, with respect to watercraft, operate, navigate or employ.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
28. Watercraft. “Watercraft” means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. “Watercraft” does not include a vessel, boat, canoe or craft located and intended to be permanently docked in one location and not used as a means of transportation on water.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
29. Water safety zone. “Water safety zone” means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
30. Waters of this State. “Waters of this State” means all internal waters and all federal waters within the jurisdiction of the State.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B354 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2007, c. 169, §1 (AMD). PL 2009, c. 340, §18 (AMD). PL 2011, c. 47, §1 (AMD). PL 2011, c. 655, Pt. KK, §16 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2011, c. 682, §38 (REV). PL 2013, c. 405, Pt. C, §12 (AMD). PL 2019, c. 204, §1 (AMD). PL 2019, c. 452, §9 (AMD). PL 2021, c. 54, §20 (AMD). PL 2021, c. 215, §4 (AMD). PL 2021, c. 656, §§1, 2 (AMD). PL 2023, c. 206, §§1, 2 (AMD).