CHAPTER 626
H.P. 1453 - L.D. 2057
An Act To Implement the Recommendations of the ATV Trail Advisory Council
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10902, sub-§9, as amended by PL 2005, c. 477, §3, is further amended to read:
9. Discretionary suspension for certain ATV violations; training. The commissioner shall may suspend all licenses and, permits and registrations issued by the department pursuant to this Part and may suspend any registration issued pursuant to subpart 6 of this Part to any person convicted or adjudicated of:
A. Operating an ATV on a temporarily closed trail as prohibited under section 13157-A, subsection 24; or
B. Abuse of another person's property as prohibited under section 13157-A, subsection 22;
C. Operating an ATV under the influence as prohibited under section 10701, subsection 1-A, paragraph D;
D. Operating an ATV to endanger, as prohibited under section 13157-A, subsection 11;
E. Reckless operation of an ATV, as prohibited under section 13157-A, subsection 10;
F. Operating an ATV on the land of another without permission, as prohibited under section 13157-A, subsection 1; or.
G. Failure or refusal to stop an ATV or attempting to elude an officer, as prohibited under section 10651, subsection 1, paragraphs D and E.
If the commissioner suspends a license, permit or registration pursuant to this subsection, the suspension must be for at least 90 days. The commissioner shall reinstate licenses, permits and registrations that have been suspended pursuant to this subsection only if after the period of suspension has elapsed and after the person satisfactorily completes, in accordance with procedures established by the commissioner by rule, a training program approved by the department relating to safety and ethics in the operation of ATVs. The costs of this training program are borne by the person undertaking the training. The commissioner shall establish by rule the procedures for completion of mandatory training pursuant to this subsection. A person who satisfactorily completes a training program approved by the department pursuant to this subsection is deemed to have satisfied the outdoor ethics training course requirements established under section 10903. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 12 MRSA §10902, sub-§10 is enacted to read:
10. Mandatory suspension for certain ATV violations. The commissioner shall suspend for at least one year all licenses, permits and registrations issued by the department pursuant to this Part to any person convicted or adjudicated of:
A. Abuse of another person's property as prohibited under section 13157-A, subsection 22;
B. Operating an ATV under the influence as prohibited under section 10701, subsection 1-A, paragraph D;
C. Operating an ATV to endanger, as prohibited under section 13157-A, subsection 11;
D. Reckless operation of an ATV, as prohibited under section 13157-A, subsection 10; or
E. Failure or refusal to stop an ATV or attempting to elude an officer, as prohibited under section 10651, subsection 1, paragraphs C and D.
The commissioner shall reinstate licenses, permits and registrations that have been suspended pursuant to this subsection after the period of suspension has lapsed and after that person has successfully completed an ATV safety and ethics course as provided in subsection 9.
Sec. 3. 12 MRSA §13157-A, sub-§6, ¶A, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is amended to read:
A. A properly registered ATV may be operated on a public way only the distance necessary, but in no case to exceed 300 500 yards, on the extreme right of the traveled way for the purpose of crossing, as directly as possible, a public way, bridge, overpass, underpass, sidewalk or culvert as long as that operation can be made safely and does not interfere with traffic approaching from either direction on the public way.
Sec. 4. 12 MRSA §13157-A, sub-§6, ¶B, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
CONSERVATION, DEPARTMENT OF
Off-road Recreational Vehicles Program 0224
Initiative: Allocates funds to establish 4 part-time Recreational Trail Coordinator positions and necessary operating expenses.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
POSITIONS -
LEGISLATIVE COUNT 0.000 4.000
Personal Services $0 $104,556
All Other $0 $8,400
__________ __________
OTHER SPECIAL REVENUE
FUNDS TOTAL $0 $112,956
Effective August 23, 2006.
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