§ 12 §13001 — Definitions

As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings.
1.
Accompanied by adult.
"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.
2.
Airmobile.
"Airmobile" means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth.
3.
All-terrain vehicle or ATV.
"All-terrain vehicle" or "ATV" means a motor-driven, off-road, recreational vehicle that was originally designed by the manufacturer for and is capable of cross-country travel. "All-terrain vehicle" or "ATV" includes, but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. For purposes of this subpart, "all-terrain vehicle" or "ATV" does not include a motor vehicle as defined in Title 29‑A, section 101, subsection 42.
4.
Alpine tundra.
"Alpine tundra" means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Agriculture, Conservation and Forestry by rule pursuant to Title 5, chapter 375, subchapter 2.
4-A.
Antique all-terrain vehicle or antique ATV.
"Antique all-terrain vehicle" or "antique ATV" means an all-terrain vehicle more than 25 years old that is substantially maintained in its original or restored condition.
5.
Antique snowmobile.
"Antique snowmobile" means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5.
6.
Aquatic plant.
"Aquatic plant" means a plant species that requires a permanently flooded freshwater habitat.
6-A.
Boater safety and education course.
"Boater safety and education course" means an online or in-person education course that:
6-B.
Boater safety and education course certificate.
"Boater safety and education course certificate" means a certificate or other evidence of completion of a boater safety and education course or an equivalency exam specified or approved by the commissioner pursuant to section 13052, subsection 2.
7.
Bow.
"Bow" means the forward half of a watercraft.
8.
Cowling.
"Cowling" means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly.
9.
Division.
"Division" means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering.
9-A.
Dock.
"Dock" means a platform used for access to a water body or to secure, protect and provide access to a boat or ship. "Dock" includes a platform that extends from a shore over the water body or a floating platform attached to a mooring.
10.
Dwelling.
"Dwelling" means any building used as a permanent residence or place of domicile.
11.
Federal waters.
"Federal waters" means all waters that are not internal waters and are subject to the jurisdiction of the United States.
12.
Freshwater marshes and bogs.
"Freshwater marshes and bogs" means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission.
12-A.
Homemade watercraft.
"Homemade watercraft" means a watercraft that is built by an individual for personal use using raw materials and that is not required to have a hull identification number assigned by a manufacturer that has been assigned a manufacturer identification code by the Recreational Boating Product Assurance Branch of the United States Coast Guard. "Homemade watercraft" may include, but is not limited to, open watercraft, auxiliary sail watercraft, paddle craft, houseboats, pontoon boats, personal watercraft, airboats and inflatable watercraft.
12-B.
Houseboat.
"Houseboat" means a motorized vessel that is usually nonplaning and designed primarily for multipurpose accommodation spaces with low freeboard and little or no foredeck or cockpit.
13.
Internal waters.
"Internal waters" means waters under the exclusive jurisdiction of the State.
14.
Invasive aquatic plant.
"Invasive aquatic plant" means a species of aquatic plant described in Title 38, section 410‑N.
15.
Marina or boat yard owner.
"Marina or boat yard owner" means a person who owns a facility that leases storage, docking or mooring space to watercraft.
15-A.
Mooring.
"Mooring" has the same meaning as in Title 38, section 480‑B, subsection 5‑A.
16.
Motorboat.
"Motorboat" means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft.
17.
Motorboat carrying passengers for hire.
"Motorboat carrying passengers for hire" means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft.
17-A.
Navigation.
"Navigation" means, with respect to a watercraft, the operation of the watercraft in a manner designed to avoid collisions on the water through adherence to rules of watercraft operation established by the department pursuant to chapter 935 and to applicable federal regulations.
18.
Operate.
"To operate," in all its moods and tenses, means:
19.
Operation.
"Operation" means the act of operating as defined in subsection 18.
20.
Operator.
"Operator" means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use.
21.
Owner.
"Owner" means:
22.
Passenger.
"Passenger" means every person carried on board a watercraft other than:
23.
Personal watercraft.
"Personal watercraft" means any motorized watercraft that is 14 feet or less in hull length as manufactured, has as its primary source of propulsion an inboard motor powering a jet pump and is capable of carrying one or more persons in a sitting, standing or kneeling position. "Personal watercraft" includes, but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. "Personal watercraft" also includes motorized watercraft whose operation is controlled by a water skier. "Personal watercraft" does not include a motorized watercraft that does not have a horsepower rating greater than 15 horsepower and does not generate an unreasonable amount of noise.
24.
Protective headgear.
"Protective headgear" means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90.1 or by the Federal Motor Vehicle Safety Standard No. 218.
24-A.
Recreational boating.
"Recreational boating" means operating a motorboat primarily for the operator's pleasure or leasing, renting or chartering a motorboat to another person for the other person's pleasure. "Recreational boating" does not include using a motorboat engaged in the carriage of passengers for hire.
25.
Snowmobile.
"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. "Snowmobile" does not include a motor vehicle as defined in Title 29‑A, section 101.
26.
State of principal use.
"State of principal use" means the state on whose waters a watercraft is used or to be used most during a calendar year.
27.
Use.
"Use" means, with respect to watercraft, operate, navigate or employ.
27-A.
Wakesurfing activity.
"Wakesurfing activity" means an activity that involves using a surfboard, wakeboard or similar device while being propelled by a motorboat's wake or while on or in a motorboat's wake directly behind that motorboat.
27-B.
Vessel.
"Vessel" means any watercraft or artificial contrivance used or capable of being used as a means of transportation on water.
28.
Watercraft.
"Watercraft" means any type of vessel, boat, canoe or houseboat, excluding a seaplane, capable of being used as a means of transportation on water that satisfies all applicable laws and rules pertaining to navigation and safety equipment on watercraft. "Watercraft" includes motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. "Watercraft" does not include a vessel, boat, canoe or houseboat located and intended to be permanently docked in one location and not used as a means of transportation on water.
29.
Water safety zone.
"Water safety zone" means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island.
30.
Waters of this State.
"Waters of this State" means all internal waters and all federal waters within the jurisdiction of the State.

Legislative History

PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B354 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2007, c. 169, §1 (AMD). PL 2009, c. 340, §18 (AMD). PL 2011, c. 47, §1 (AMD). PL 2011, c. 655, Pt. KK, §16 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2011, c. 682, §38 (REV). PL 2013, c. 405, Pt. C, §12 (AMD). PL 2019, c. 204, §1 (AMD). PL 2019, c. 452, §9 (AMD). PL 2021, c. 54, §20 (AMD). PL 2021, c. 215, §4 (AMD). PL 2021, c. 656, §§1, 2 (AMD). PL 2023, c. 206, §§1, 2 (AMD). PL 2023, c. 611, §1 (AMD). PL 2025, c. 378, §§3-9 (AMD).