Sec. 2. 12 MRSA §13157, sub-§1-A, as repealed by PL 2003, c. 655, Pt. B, §413 and affected by §422 and enacted by c. 695, Pt. B, §16 and affected by Pt. C, §1, is repealed.

Sec. 3. 12 MRSA §13157-A, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed and the following enacted in its place:

1.__Permission required.__A person may not operate an ATV on the land of another without the permission of the landowner or lessee.__Written permission of the landowner or lessee is required on cropland or pastureland or in an orchard.__As used in this subsection, "cropland" means acreage in tillage rotation, land being cropped and land in bush fruits, and "pastureland" means acreage devoted to the production of forage plants used for animal production.__Landowner permission is presumed on ATV trails that are conspicuously posted or in areas open to ATVs by landowner policy.

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 of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

SUMMARY

This bill makes the following changes to the laws governing all-terrain vehicle, ATV, violations.

1. Under current law, the Commissioner of Inland Fisheries and Wildlife is required to suspend licenses and permits of a person convicted of certain ATV violations. This bill eliminates the requirement of suspension and instead allows the commissioner to suspend the licenses and permits of such a person.

2. It eliminates operating an ATV on the land of another without permission as one of the ATV violations warranting suspension of licenses, permits and registrations.

3. It restructures language regarding the presumption of permission for the operation of ATVs on private land.