Title 12, §13161: Sale of ATV; light equipment

§13161. Sale of ATV; light equipment

1. Headlight and taillight required. A person may not sell or offer to sell a new ATV unless:

A. That ATV is equipped with a functioning headlight and taillight; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

B. The ATV:

(1) Is a 2-wheel off-road motorcycle; or

(2) Has an engine size of 90 cubic centimeters or less and has 4 or more wheels. [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).]

1-A. Dealer to provide registration information. A dealer may not sell a new or used oversized ATV without providing to the purchaser a written form developed and provided by the department explaining the size and weight restrictions for registering that ATV under section 13155, subsection 5‑B and the provisions of section 13157‑A regarding the use of oversized ATVs on designated state-approved ATV trails. The department shall develop a form for use by dealers under this section, which must include a place for a purchaser to sign acknowledging receipt of the form. For purposes of this subsection, "oversized ATV" has the same meaning as defined in section 13155, subsection 5‑B.

[PL 2021, c. 215, §12 (NEW).]

2. Penalty. The following penalties apply to violations of this section.

A. A person who violates this section 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, §420 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

B. A person who violates this section 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, §420 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §420 (AMD); PL 2003, c. 655, Pt. B, §422 (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, §B420 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2021, c. 215, §12 (AMD).