News

Stiffer penalties, More rules for ATV users
By Naomi Morrison

The everlasting battle between all terrain vehicle (ATV) users and snowmobilers and private landowners continues even with new state law in effect.

This past August, Title 12 was announced into Maine State Legislation with stiffer penalties and laws, such as, prohibiting the use of ATVs on land other than the operator's own without prior consent. Title 12 was an answer to many complaints by private landowners and snowmobile clubs throughout the state.

It's hopeful that this legislation will provide the necessary push for ATVers to become organized clubs, said Scott Ramsay, director of the Off-Road Vehicle Division at the Department of Conservation. ATVs may be used without permission on marked ATV trails where ATV trail signs are present. These trails are authorized by the state and maintained by ATV clubs and organizations.

According to the law, they are now required to obtain verbal permission from private landowners and written permission if they ride on agricultural land. The legislation also states that it is illegal for ATVers to ride on marked snowmobile trails. The new law has also outlawed driving through streams and ponds and using snorkel kits for underwater operations.

Ramsay said that most of the Title 12 fines have remained between $50 and $500. It's just the more serious items, he continued, that have the higher penalties.

Stiffer penalties include: a minimum of $1,000 for running from an officer and the ATV may be impounded; and individuals who are operating on closed trails, drinking and driving, or driving recklessly may lose any licenses they have through Inland Fisheries and Wildlife (such as hunting, fishing, guiding, etc). Field tests can also be easily done to test the exhaust sound-level of ATVs.

Linwood May, President of the New Gloucester snowmobile club Royal River Riders, said that they work with private landowners all the time to keep ATVers off. Right now they have 23 miles of trails that they maintain, and most of it is privately owned. A lot of them don't like ATV use on their land, he said, so they post signs, and if they ask us, we'll post them too. The signs just don't seem to work.

The club has even put locks on the metal gates behind Memorial School. The ATVers just cut the locks and go through the gate he said. But May remains optimistic.

"I think this law is going to help us tremendously," he said, " but I don't think it's being enforced heavily right now."

For now, private landowners and snowmobile clubs can only get the word out there about the new law and report ATV use on private property to local authorities.

To encourage local police to get involved, part of the new legislation includes a law-enforcement grant program to fund enforcement of the new laws. Several departments have already approached the Department of Conservation's Off-Road Vehicle Division for grants to purchase ATV's.
"They are very proactive," said Ramsay. "They want to get involved."
As of yet, Ramsay said the grant program is not well developed, but they are in the process of making it work. He said having local police enforce the law instead of state officials, like wardens, is beneficial.

"They [local police] know where the hot spots are," he said, "and they might even know the players."

May said that parents purchase ATVs and dirt bikes for their children but don't really know what happens when the kids are off riding them. Those parents are liable for their children, he said, and they need to know what's going on.

Margarett Merrill is a Cumberland resident who has also not seen any effects from the new laws. She has never granted permission for ATV use on her property and these vehicles have destroyed several areas of her back lot. Included in the destruction are some areas of the Falmouth Snowmobile Club's trails who have permission to be on her land.

"The ATVers are using the snowmobile trails and they look worse and worse," said Gordon Stewart, spokesman for Merrlil and member of the Small Woodland Owner's Association.

Stewart said he recently put up 'no trespassing' signs on trails that are no longer used by the snowmobile club and posted 'snowmobile use only' signs on the maintained trails by the snowmobile club. They have not had any effect he said.

"People either don't know the law or they choose to not pay attention," he said.

The two access points are through the power lines and an old road. Stewart said that the local authorities even have trouble getting in there because it's so remote.

Trail Master of the Falmouth Snowmobile Club, Dave Peterson, said that ATVs chew away at the vegetation and then the roads wash away when it rains. These roads then need to be rebuilt for winter snowmobile use. The 280 Maine snowmobile clubs get paid through state grants to maintain each club's trails. Snowmobilers have been organized since the early 70s and the state is hopeful that ATV clubs will arise from this new legislation and help eliminate most of the land abuse on private property.

"It's a sport just like anything else and there's always some that ruin it for the rest," said Peterson.

For further information on ATV laws or how to get involved, visit: www.atvmaine.org or www.parksandlands.gov.