Maine Revised Statutes Title 12 Sec. 13106-A – Operation of snowmobile
Current as of: 2023 | Check for updates
|
Other versions
1. No permission given. This chapter does not give license or permission to cross or go on the property of another.
[PL 2003, c. 655, Pt. B, §394 (NEW); 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 D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 13106-A
- 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. 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Inland Fisheries and Wildlife. 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
- 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.
- 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.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001
- 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 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 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 Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 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
2. Stop and identify requirement. Persons operating a snowmobile upon the land of another shall stop and identify themselves upon the request of the landowner or the landowner’s duly authorized representative.
A person who violates this subsection commits a Class E crime.
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
3. Operating snowmobile upon controlled access highway. Except as provided in paragraph A, a person may not operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway.
A. A person may operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway in accordance with this paragraph.
(1) A person on a properly registered snowmobile may cross controlled access highways by use of bridges over or roads under those highways, or by use of roads crossing controlled access highways at grade.
(2) The Commissioner of Transportation may issue special permits for designated crossings of controlled access highways.
(3) A person on a properly registered snowmobile may operate the snowmobile within the right-of-way limits of a controlled access highway on a trail segment approved by the Commissioner of Transportation or the board of directors of the Maine Turnpike Authority, as applicable.
At the request of the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Transportation or the board of directors of the Maine Turnpike Authority, as applicable, may permit construction of a snowmobile trail within the right-of-way limits of a controlled access highway under the jurisdiction of the Department of Transportation or the Maine Turnpike Authority being constructed on or after January 1, 2016 when there is an ability to provide for the continuity of a state-owned or state-controlled network of snowmobile trails. Funds for the construction of a snowmobile trail under this paragraph may not be provided from the Highway Fund. [PL 2015, c. 413, §1 (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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2015, c. 413, §1 (AMD).]
4. Unlawfully operating snowmobile on plowed road. A person may not operate a snowmobile upon any plowed private road, or public road plowed privately without public compensation, 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.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
5. Operating snowmobile on public way. Except as provided in subsection 3 and this subsection, a person may not operate a snowmobile upon the main traveled portion, the sidewalks or the plowed snowbanks of a public way.
A. A properly registered snowmobile may be operated on a public way only the distance necessary, but in no case to exceed 500 yards, on the extreme right of the traveled way for the purpose of crossing, as directly as possible, a public way, sidewalk or culvert. [PL 2011, c. 533, §11 (AMD).]
B. A properly registered snowmobile may be operated on a public way only the distance necessary, but in no case to exceed 500 yards, on the extreme right of the traveled way for the sole purpose of crossing, as directly as possible, a bridge, overpass or underpass, as long as that operation can be made in safety and that it does not interfere with vehicular traffic approaching from either direction on the public way. [PL 2017, c. 164, §26 (AMD).]
C. A snowmobile may be operated on any portion of a public way when the public way has been closed in accordance with Title 23, section 2953. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
D. If the main traveled portion of a public way is publicly plowed and utilized by conventional motor vehicles, a snowmobile may be operated only on that portion of the way not maintained or utilized for the operation of conventional motor vehicles, except that operation on the left side of the way is prohibited during the hours from sunset to sunrise on the portion of the way not maintained or utilized for the operation of conventional motor vehicles. This paragraph does not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utility’s corporate function, so that public utilities may effectively and speedily carry out their obligations to the public. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
E. A snowmobile may be operated on streets and public ways during a period of emergency when the emergency has been so declared by a police agency having jurisdiction and when travel by conventional motor vehicles is not practicable. This paragraph does not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utility’s corporate function, so that public utilities may effectively and speedily carry out their obligations to the public. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
F. A snowmobile may be operated on streets and public ways in special snowmobile events of limited duration conducted according to a prearranged schedule and under a permit from the governmental unit having jurisdiction. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
G. Notwithstanding paragraphs A to F, a snowmobile may be operated on the extreme right of a public way within the built-up portion of a municipality or unorganized or unincorporated township if the appropriate governmental unit has designated the public way as a snowmobile-access route for the purpose of allowing snowmobiles access to places of business. A public way designated by an appropriate governmental unit as a snowmobile-access route must be posted conspicuously at regular intervals by that governmental unit with highly visible signs designating the snowmobile-access route. Before designating a public way as a snowmobile-access route, the appropriate governmental unit shall make appropriate determinations that snowmobile 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 paragraph, “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 paragraph 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 paragraph. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
H. 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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2017, c. 164, §26 (AMD).]
6. Failing to stop snowmobile before entering public way. A person shall bring a snowmobile to a complete stop before entering a public way or a private way maintained for travel.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
7. Failing to yield right-of-way while operating snowmobile. A person shall yield the right-of-way to all vehicular traffic while operating a snowmobile on a public way or a private way maintained for travel.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
8. Crossing closed bridge, culvert, overpass or underpass with snowmobile. This subsection applies to the crossing with a snowmobile of a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation.
A. A person may not cross with a snowmobile a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation.
(1) The Commissioner of Transportation may, following a public hearing, prohibit the crossing of an individual bridge, culvert, overpass or underpass if the commissioner determines that that crossing or use of the public way is hazardous.
(2) Any bridge, culvert, overpass or underpass closed by the Commissioner of Transportation must be posted by appropriate notices. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
9. Reckless operation of snowmobile. A person may not operate a snowmobile in such a way as to recklessly create a substantial risk of serious bodily injury to another person. Violation of this subsection is a Class D crime.
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
10. Operating snowmobile to endanger. A person may not operate a snowmobile so as to endanger any person or property by:
A. Operating the snowmobile except at a reasonable and prudent speed for the existing conditions, including when approaching and crossing an intersection or railway grade crossing, when approaching and taking a curve, when approaching a hill crest, when traveling upon any narrow or winding trail and when a special hazard exists with respect to pedestrians, skiers or other traffic by reason of weather or trail conditions; or [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. Operating the snowmobile in a manner that fails to control its speed at all times as necessary to avoid colliding with any person, vehicle, snowmobile or other object. [PL 2019, c. 452, §12 (AMD).]
A person who violates this subsection commits a Class E crime.
[PL 2019, c. 452, §12 (AMD).]
11. Operating snowmobile at greater than reasonable and prudent speed. A person may not operate a snowmobile except at a reasonable and prudent speed for the existing conditions.
A person who violates this subsection commits a Class E crime.
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12. Operating snowmobile while underage. A person under 14 years of age may not operate a snowmobile across any public way maintained for travel.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
13. Permitting unaccompanied child to operate snowmobile. A person may not permit a child under 10 years of age to operate a snowmobile unless the child is accompanied by an adult.
This subsection does not apply on land that is owned by the parent or guardian or on land where permission for use has been granted to the parent or guardian.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
14. Snowmobile noise level limits.
[PL 2017, c. 71, §1 (RP).]
14-A. Snowmobile noise requirements. This subsection governs noise level requirements for snowmobiles.
A. Except as provided in section 13112, a person may not:
(1) Operate a snowmobile manufactured after February 1, 2007 that does not display on its exhaust silencer a visible, unaltered certification marking issued by an independent organization that certifies snowmobiles for uniformity of safety features and noise levels;
(2) Operate a snowmobile manufactured after October 1, 1985 that emits total vehicle noise greater than 78 decibels of sound pressure level at 50 feet on the “A” scale, as measured by the SAE standards J-192; or
(3) Operate a snowmobile with an exhaust system that has been modified in a manner that amplifies or otherwise increases total noise emission above that of the snowmobile as originally constructed, regardless of the date of manufacture.
A snowmobile manufactured on or before October 1, 1973 is not subject to a specific noise level, except that a person may not operate a snowmobile modified in violation of subparagraph (3). [PL 2017, c. 71, §2 (NEW).]
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 $100 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 2017, c. 71, §2 (NEW).]
[PL 2017, c. 71, §2 (NEW).]
15. Snowmobile headlight and taillight equipment requirements. Except as provided in section 13112, a person may not operate a snowmobile that is not equipped as provided in this subsection.
A. A person may not operate a snowmobile unless the snowmobile has mounted:
(1) On the front at least one headlight capable of casting a white beam for a distance of at least 100 feet directly ahead of the snowmobile; and
(2) On the rear at least one taillight capable of displaying a red light visible at a distance of at least 100 feet behind the snowmobile. [PL 2021, c. 184, §13 (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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2021, c. 184, §13 (AMD).]
16. Required use of snowmobile lights. Except as provided in section 13112, a person shall use lights as specified in this subsection.
A. A person shall use snowmobile lights:
(1) During the period from 1/2 hour after sunset to 1/2 hour before sunrise; and
(2) At any time when, due to insufficient light or unfavorable atmospheric conditions caused by fog or otherwise, other persons, vehicles and other objects are not clearly discernible for a distance of 500 feet ahead. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
17. Unlawfully operating snowmobile on railroad tracks. The following provisions govern the operation of a snowmobile on railroad tracks or railroad rights-of-way.
A. A person may not operate a snowmobile along or adjacent and parallel to the tracks of a railroad within the limits of a railroad right-of-way without written permission from the railroad owning the right-of-way.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph 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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person may not operate a snowmobile across the tracks of a railroad after having been forbidden to do so by the railroad owning the railroad right-of-way, or by an agent of that railroad, either personally or by appropriate notices posted conspicuously along the railroad right-of-way.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph 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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. Notwithstanding this subsection, a person may operate a snowmobile on railroad tracks if the person is operating within the right-of-way of a portion of railroad line that has been officially abandoned under the authority of the Interstate Commerce Commission. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
18. Operating snowmobile in cemetery. A person may not operate a snowmobile in any cemetery, burial place or burying ground.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
19. Operating too close to certain buildings. A person may not operate a snowmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church.
A. This subsection does not apply when a person is operating a snowmobile:
(1) On public ways in accordance with subsections 5 and 8 or on controlled access highways in accordance with subsection 3, paragraph A;
(2) On the frozen surface of any body of water; and
(3) On land the operator owns or is permitted to use. [PL 2021, c. 184, §14 (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 $100 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 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2021, c. 184, §14 (AMD).]
20. Abuse of another person’s property. A person may not while operating a snowmobile:
A. Tear down or destroy a fence or wall on another person’s land; [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. Leave open a gate or bar on another person’s land; or [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. Trample or destroy crops on another person’s land. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
A person who violates this subsection commits a Class E crime.
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
21. Snowmobile owner; operation by another. A person is in violation of this subsection if that person is the owner of a snowmobile that is operated in violation of this chapter.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
22. Parent or guardian; operation by minor. A person is in violation of this subsection if that person is the parent or guardian responsible for the care of a minor under 18 years of age who is operating a snowmobile in violation of this chapter.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
23. Failure to report accident.
[PL 2005, c. 436, §5 (RP).]
24. Operating snowmobile on open water. A person may not operate or attempt to operate a snowmobile on open water. For purposes of this subsection, “open water” means any area of an inland water body that is free of ice and snow. This subsection does not apply to private ponds.
Notwithstanding Title 17, section 2267?A, subsection 3, the owner or operator of a snowmobile that has been submerged or partially submerged as a result of a violation of this subsection shall remove the snowmobile within 24 hours of its submersion. The owner or operator of a snowmobile submerged or partially submerged as a result of a violation of this subsection shall pay any damages resulting from the submersion or removal. If the owner or operator of a snowmobile submerged or partially submerged as the result of a violation of this subsection fails to remove the snowmobile within 24 hours of its submersion, the commissioner may remove the snowmobile at the expense of the owner or operator or request in writing that the court direct the owner or operator to remove the snowmobile immediately.
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, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
25. Headgear required. This subsection applies to snowmobile trails funded by the Snowmobile Trail Fund of the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands.
A. A person operating a snowmobile on a snowmobile trail identified by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as having been funded by the Snowmobile Trail Fund pursuant to section 1893, subsection 3:
(1) If the person is under 18 years of age, shall wear protective headgear that conforms to the standards established under Title 29?A, section 2083, subsection 3; and
(2) May not carry a passenger under 18 years of age on the snowmobile unless the passenger is wearing protective headgear that conforms to the standards established under Title 29?A, section 2083, subsection 3. [RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).]
B. The Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands shall develop an administratively simple means of identifying trails that have been funded by the Snowmobile Trail Fund so that snowmobile riders can readily determine to which trails this subsection applies. [RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).]
C. The following penalties apply to violations of this subsection.
(1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates paragraph A 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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).]
26. Operating snowmobile left of center of snowmobile trail. A person may not operate a snowmobile to the left of the center on a snowmobile trail that is funded in whole or part by the Snowmobile Trail Fund when approaching or navigating a curve, corner, grade or hill. For purposes of this subsection, “snowmobile trail” means a trail that is at least wide enough to allow 2 snowmobiles to pass safely in opposite directions and where the snow over the entire width of the trail has been mechanically packed and groomed for the purpose of snowmobile traffic.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. [PL 2005, c. 73, §1 (NEW).]
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 2005, c. 73, §1 (NEW).]
[PL 2007, c. 651, §19 (AMD).]
27. Operating snowmobile in posted area. A person may not operate a snowmobile off a snowmobile trail identified by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as having been funded by the Snowmobile Trail Fund pursuant to section 1893, subsection 3 if the trail is posted as being closed to off?trail snowmobile operation and the operator has not obtained the permission of the applicable landowner or landowner’s representative. For purposes of this subsection, “posted” means containing signage that is reasonably likely to come to the attention of a person operating a snowmobile that indicates that off?trail snowmobiling is prohibited and that is placed by the landowner, the landowner’s representative, a local snowmobile club trail master serving as the landowner’s representative, a local snowmobile club representative or an employee of the Department of Inland Fisheries and Wildlife or the Department of Agriculture, Conservation and Forestry.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. [PL 2023, c. 163, §1 (NEW).]
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 2023, c. 163, §1 (NEW).]
[PL 2023, c. 163, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 655, §B394 (NEW). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 73, §1 (AMD). PL 2005, c. 436, §5 (AMD). PL 2007, c. 651, §19 (AMD). PL 2009, c. 340, §20 (AMD). RR 2011, c. 2, §12 (COR). PL 2011, c. 533, §11 (AMD). PL 2013, c. 405, Pt. A, §24 (REV). PL 2015, c. 413, §1 (AMD). PL 2017, c. 71, §§1, 2 (AMD). PL 2017, c. 164, §26 (AMD). PL 2019, c. 452, §12 (AMD). PL 2021, c. 184, §§13, 14 (AMD). PL 2023, c. 163, §1 (AMD).