§ 12 §13157-A — Operation of ATVs

1.
No permission given.
1-A.
Permission required.
A person may not operate an ATV on the land of another without the permission of the landowner, lessee or landowner's representative. Permission is presumed on designated state-approved ATV trails or in areas open to ATVs by landowner policy. A landowner, lessee or landowner's representative may limit the use of a designated state-approved ATV trail on that landowner's or lessee's property through agreements with the State or an ATV club to address environmental, public safety or management concerns, including by limiting the type, size and weight of ATVs permitted on the landowner's or lessee's property. A person operating an ATV, including an oversized ATV, on designated state-approved ATV trails shall adhere to limitations imposed by a landowner, lessee or landowner's representative and the State on that part of the designated state-approved ATV trail on the landowner's or lessee's property in accordance with this subsection. Written permission of the landowner, lessee or landowner's representative is required for use of an ATV on cropland or pastureland or in an orchard. A landowner, lessee or landowner's representative may limit in writing the use of a designated state-approved ATV trail on that landowner's or lessee's property. 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. For purposes of this subsection, "oversized ATV" has the same meaning as defined in section 13155, subsection 5‑B. This subsection may not be construed to limit or expand a landowner's or lessee's property rights.
2.
Stop and identify requirement.
Persons operating ATVs upon the land of another shall stop and identify themselves upon the request of the landowner, lessee or the landowner's representative. A person who violates this subsection commits a Class E crime.
3.
Operating ATV upon controlled access highway.
The following provisions govern the operation of ATVs on controlled access highways.
4.
Unlawfully operating ATV on snowmobile trail.
Operating an ATV on a snowmobile trail financed in whole or in part with funds from the Snowmobile Trail Fund is governed by section 13107.
5.
Unlawfully operating ATV on private road.
5-A.
Operating a motor vehicle on an ATV trail.
A person may not operate a motor vehicle as defined in Title 29‑A, section 101, subsection 42 on a designated ATV trail that is not on a gravel road system unless that use has been authorized by the landowner or the landowner's agent or it is necessitated by an emergency involving the safety of a person or property.
6.
Operating ATV on public way.
Except as provided in this subsection, a person may not operate an ATV, other than an ATV registered with the Secretary of State under Title 29‑A, on any portion of a public way maintained or used for the operation of conventional motor vehicles or on the sidewalks of any public way.
7.
Failing to stop ATV before entering public way.
A person shall bring an ATV to a complete stop before entering a public way.
8.
Failing to yield right-of-way while operating ATV.
A person shall yield the right-of-way to all other types of vehicular traffic while operating an ATV on a public way.
9.
Crossing closed bridge, culvert, overpass or underpass with ATV.
A person may not cross with an ATV a bridge, culvert, overpass or underpass closed to ATVs by the Commissioner of Transportation pursuant to this subsection. The Commissioner of Transportation may, following a public hearing, prohibit the crossing by an ATV of an individual bridge, culvert, overpass or underpass if the commissioner determines that that crossing or use of a public way is hazardous. Any bridge, culvert, overpass or underpass closed by the commissioner must be posted by appropriate notices.
10.
Reckless operating on ATV.
A person may not operate an ATV in such a way as to recklessly create a substantial risk of serious bodily injury to another person.
11.
Operating ATV to endanger.
A person may not operate an ATV so as to endanger any person or property.
12.
Operating ATV at greater than reasonable and prudent speed.
A person may not operate an ATV except at a reasonable and prudent speed for the existing conditions.
13.
Operating ATV without protective headgear.
A person under 18 years of age may not operate an ATV without protective headgear.
14.
Carrying passenger on ATV without headgear.
A person may not carry a passenger under 18 years of age on an ATV unless the passenger is wearing protective headgear.
15.
ATV noise and fire control devices.
16.
ATV headlight and taillight requirements.
This subsection establishes light equipment requirements for the operation of an ATV.
17.
Required use of ATV lights.
Except as provided in section 13159, the following provisions govern the use of ATV lights.
18.
Unlawfully operating ATV on railroad tracks.
This subsection governs operation of an ATV on railroad tracks.
19.
Operating too close to certain buildings.
A person may not operate an ATV within 200 feet of a dwelling, hospital, nursing home, convalescent home or church.
20.
Failure to report accident.
21.
Operating ATV in prohibited area.
22.
Abuse of another person's property.
A person may not while operating an ATV:
23.
Operating ATV on cropland or pastureland.
24.
Operation of ATV on temporarily closed trail.
A person may not operate an ATV on any section of a trail posted with a notice of temporary closure in accordance with this subsection. The notice must specify the section of trail that is closed and the period of the closure and must be conspicuously posted at each end of the closed section of the trail.
25.
ATV noise and fire control devices.
The following provisions pertain to ATV muffling and fire control devices and noise level limits.
26.
Prohibited equipment.
A person may not operate an ATV that is equipped with a snorkel kit or other equipment designed to allow the ATV to be used in deep water except with the permission of the owner of the land on which the ATV is operated or as provided in section 13159.
27.
Operation of ATV in prohibited area.
The following provisions establish areas where the operation of an ATV is prohibited.

Legislative History

PL 2003, c. 655, §B414 (NEW). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 397, §§E20-26 (AMD). PL 2005, c. 436, §7 (AMD). PL 2005, c. 626, §§3,4 (AMD). PL 2007, c. 33, §1 (AMD). PL 2007, c. 202, §1 (AMD). PL 2007, c. 509, §1 (AMD). PL 2009, c. 340, §24 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2015, c. 301, §§48-50 (AMD). PL 2015, c. 413, §2 (AMD). PL 2017, c. 164, §27 (AMD). PL 2019, c. 113, Pt. C, §24 (AMD). PL 2019, c. 204, §2 (AMD). PL 2021, c. 184, §§17-20 (AMD). PL 2021, c. 215, §11 (AMD). PL 2025, c. 267, §§5-7 (AMD).