Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 557S.P. 231 In Senate, February 11, 2025 An Act to Allow All-terrain Vehicles to Be Used on a Public Way Reference to the Committee on Transportation suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator MOORE of Washington. Cosponsored by Representative MCINTYRE of Lowell and Representatives: DAIGLE of Fort Kent, STROUT of Harrington. Page 1 - 132LR1114(01) 1 2 is enacted to read: 3 4 driven, off-road, recreational vehicle capable of cross-country travel on land, snow, ice, 5 marsh, swampland or other natural terrain. "All-terrain vehicle" or "ATV" includes, but is 6 not limited to, a multitrack, multiwheel or low-pressure-tire vehicle; an amphibious 7 machine; or other means of transportation deriving motive power from a source other than 8 muscle or wind. "All-terrain vehicle" or "ATV" does not include an automobile, a 9 motorcycle, an electric personal assistive mobility device, a truck, a snowmobile as defined 10 in Title 12, section 13001, subsection 25, an airmobile as defined in Title 12, section 13001, 11 subsection 2, a construction or logging vehicle used in performance of its common 12 functions, a farm vehicle used for farming purposes or a vehicle used exclusively for 13 emergency, military, law enforcement or fire control purposes. 14 as amended by PL 2005, c. 577, §5, is 15 further amended to read: 16 B. An all-terrain vehicle as defined in Title 12, section 13001, unless the all-terrain 17 vehicle is permitted in accordance with section 501, subsection 8, is registered in 18 accordance with section 501, subsection 14 or is operated on a way and section 2080 19 or 2094 applies; and 20 is enacted to read: 21 22 of ATVs in accordance with section 501, subsection 14 and section 2094 are authorized 23 beginning January 1, 2026. 24 as amended by PL 2021, c. 216, §10, is repealed. 25 as enacted by PL 1993, c. 683, Pt. A, §2 26 and affected Pt. B, §5, is amended to read: 27 E. Operation of an ATV permitted under this subsection is limited to agricultural 28 purposes in connection with a farm and to operation from or to the premises where 29 kept, from or to a farm lot or between farm lots used for farm purposes by the ATV 30 owner. 31 is enacted to read: 32 33 ATV for use on a public way upon application and payment of the ATV registration fee 34 under Title 12, section 13155, subsection 5, paragraph A or paragraph B, subparagraph (2). 35 The registrant must provide a certificate of title required by section 651 and proof of 36 financial responsibility required by section 1601. 37 as amended by PL 2015, c. 88, §2, is further 38 amended to read: 39 40 to section 501, subsection 14; and 41 is enacted to read: Page 2 - 132LR1114(01) 1 2 3 may not be less than 30 inches in width or more than 70 inches in width, measured at the 4 widest point of the ATV, including the tires, and must be equipped with: 5 A. Brakes for each wheel; 6 B. Two headlights that comply with section 1904; 7 C. A muffler and emission control system; 8 D. One rearview mirror on the left side; 9 E. A parking brake; 10 F. Rear reflectors; 11 G. A windshield, unless the operator wears eye protection while operating the ATV; 12 H. A speedometer, illuminated for nighttime operation; 13 I. One or more stop lamps on the rear; 14 J. Rear lights that comply with section 1905, including a light that is constructed and 15 placed to illuminate the registration plate in a white light; 16 K. For ATVs with side-by-side seating, a seat belt for each passenger that complies 17 with section 2081; 18 L. For ATVs designed by the manufacturer to carry one or more passengers, a seat 19 designed for passengers, including a footrest and handhold for each passenger; 20 M. Operational turn signal lamps, if part of the standard equipment; 21 N. Operational horn or other warning device, if part of the standard equipment; 22 O. Operational windshield wipers, if part of the standard equipment; 23 P. An operator's seat that is not less than 25 inches off the ground or more than 40 24 inches off the ground, measured from the ground to the top of the forward edge of the 25 seat when measured on a flat surface; and 26 Q. Tires with a tread depth that is at least 2/32 inch; the tires may not exceed 26 inches 27 in height or be larger than the tires the ATV manufacturer made available for that ATV 28 model. 29 Equipment required in subsection 1 must be in good working 30 condition. 31 32 in Title 5, chapter 375, subchapter 2-A for the enforcement and administration of this 33 section. 34 as amended by PL 2005, c. 577, §32, is further amended 35 to read: 36 37 Notwithstanding any other provision of law to the contrary, whenever an all-terrain 38 vehicle, except for an all-terrain vehicle registered pursuant to section 501, subsection 14, Page 3 - 132LR1114(01) 39 or off-road vehicle is operated on a way, the vehicle and operator are subject to all 40 provisions of this Title, except chapters 5, 7, 13 and 15. Whenever an all-terrain vehicle or 41 off-road vehicle is operated on a way, the operator is not subject to the provisions of chapter 42 11, except when an all-terrain vehicle is permitted in accordance with section 501, 43 subsection 8 or registered pursuant to section 501, subsection 14. 6 is enacted to read: 7 8 A person operating an ATV on a public way, except for an ATV permitted under 9 section 501, subsection 8, shall comply with the provisions of this chapter as they apply to 10 the operator of an automobile and with this section. 11 12 an ATV must possess a valid Class A, Class B or Class C driver's license pursuant to section 13 1252 and shall maintain the amounts of motor vehicle financial responsibility specified in 14 section 1605. 15 16 section 501, subsection 14. 17 18 the posted speed limit is 50 miles per hour or less. An ATV may cross, at an intersection, 19 a public way with a posted speed limit of more than 50 miles per hour. 20 A. The department, by routine technical rule as described in Title 5, chapter 375, 21 subchapter 2-A, may prohibit or restrict the operation of an ATV on any public way or 22 segment of a public way under its jurisdiction if it determines that the prohibition or 23 restriction is necessary in the interest of public safety. 24 B. A municipality or county may adopt an ordinance to prohibit or restrict the 25 operation of an ATV on any public way under its jurisdiction if it determines that the 26 prohibition or restriction is necessary in the interest of public safety, except that a 27 municipality or county may not prohibit or restrict the use of an ATV on a public way 28 where the use of an off-road vehicle is permitted. 29 30 traffic infraction. 31 32 Transportation and the Commissioner of Public Safety, may adopt routine technical rules 33 in accordance with Title 5, chapter 375, subchapter 2-A to implement this section, monitor 34 the registration and use of ATVs and provide for the safe operation of ATVs. 35This Act takes effect January 1, 2026. 36 37 This bill, beginning January 1, 2026, allows the operation of an all-terrain vehicle, or 38 ATV, on a public way as long as the ATV is registered and meets specified safety 39 equipment requirements, and the operator is licensed and has insurance. The bill requires 40 the payment of the resident or nonresident ATV application fee to register an ATV for use 41 on a public way. The bill does not affect the operation of ATVs off of public ways. 1 2 3 4 5 37 38 39 40 41 Page 4 - 132LR1114(01) 1 The bill prohibits the operation of an ATV on a public way with a posted speed limit 2 of more than 50 miles per hour. The Department of Transportation may adopt rules, or a 3 municipality or county may adopt an ordinance, to restrict or prohibit the operation of an 4 ATV on a public way if the department, county or municipality determines that the 5 prohibition or restriction is necessary in the interest of public safety. 6 The bill repeals the law that prohibits off-road vehicles from being registered.