INDEX

§7821. Definitions. Unless a different meaning is plainly required for the purposes of this subchapter, the following words and terms shall have the following meanings. 

1-A. Antique snowmobile. "Antique snowmobile means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 7824, subsection 2-B. 

1.  Cowling. "Cowling" means the forward or rear portion of the vehicle, usually of fiberglass or similar material, surrounding the motor and clutch assembly. 

2.  Dwelling. "Dwelling" means any building used as a permanent residence or place of domicile. 

3.  Operate. "To Operate" in all its moods and tenses, when it refers to a snowmobile, means to use a snowmobile in any manner within the jurisdiction of the State, whether or not the vehicle is under way. 

4.  Owner. "Owner" for the purposes of registration, means any person holding title to a snowmobile or having exclusive right to the use of a snowmobile for a period greater than 30 days. 

5.  Snowmobile. "Snowmobile" means any vehicle propelled by mechanical power that is primarily designed to travel over ice or snow supported in part by skis, belts or cleats. 

§7823. License 

No operator's license is required for the operation of a snowmobile. 

§7824. Registration 

2. Fee. The annual snowmobile registration fee is as follows: 

A. For residents, $25. The registration for a snowmobile owned by a resident is valid for one year, commencing on July 1st of each year; and 

B.For nonresidents: 

(1) Thirty-five dollars for a 3-consecutive day registration. A person may purchase more than one 3-day registration in any season; 

(2) Fifty dollars for a 10-consecutive day registration. A person may purchase more than one 10-day registration in any season; and 

(3) Sixty dollars for a seasonal registration. 

The registration for a snowmobile owned by a nonresident must specify the dates for which the registration is valid. 

2-A.  Servicemen permanently stationed in Maine. The following persons are eligible to register any snowmobile owned by them at the resident fee: 

A. Any person serving in the Armed Forces of the United States who is permanently stationed at a military or naval post, station or base in the State; and 

B. The spouse and children of that person, provided that the spouse and children permanently reside with that person. 

Such a member of the Armed Forces desiring to register a snowmobile shall present certification from the commander of his post, station or base, or from the commander's designated agent, that the person mentioned in the certificate is permanently stationed at that post, station or base. Registration fees for registrations pursuant to this subsection shall be allocated as if the person registering the snowmobile was a resident of the municipality in which the post, station or base is situated. 

2-B.  Antique snowmobile registration fee. A resident who owns a snowmobile that is more than 25 years old may register that snowmobile under this subsection as an antique snowmobile. An antique snowmobile registration authorizes that snowmobile to be operated only for the purpose of traveling to, returning from and participating in an exhibition, parade or other event of interest to the public. The fee for an antique snowmobile registration is $30. An antique snowmobile registration is valid until the ownership of that antique snowmobile is transferred to another person. Upon the transfer of ownership, the new owner may re-register that snowmobile as an antique snowmobile by paying the $30 antique snowmobile registration fee. The registration fee for an antique snowmobile is allocated according to subsection 3, paragraph A. (NOTE: Snowmobiles registered under this section are not required to display the registration numbers). 

3.  Allocation of Fees. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. The department's administrative costs must be verified by the Department of Conservation and the Department of Administrative and Financial Services. 

3.A.  The registration fee for residents is credited as follows 

(1) Twenty-two percent of each fee is credited to the General Fund as undedicated revenue; 

(2) Fifty-two percent each fee is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands and; 

(3) Twenty-six percent of each fee is annually distributed to the municipality of the owner's residence as shown on the owners registration certificate, except that in unorganized territory, 26% of each fee is annually distributed to the county of the owner's residence as shown on the owner's registration certificate. 

B. The registration fee for nonresidents is credited as follows: 

(1) Eighteen percent of each fee is credited to the General Fund as undedicated revenue and; 

(1-A) Seven percent is credited to the Snowmobile Enforcement Fund established under section 7824-G. 

(2) The remainder is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands. 

C. All other money received under this subchapter, including dealer license fees, is credited to the General Fund as undedicated revenue. 

D. The annual fee for each dealer number plate is credited as follows: 

(1) Thirty percent is credited to the General Fund as undedicated revenue; and 

(2) Seventy percent is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands. 

E. All other money received under this chapter, including dealer license fees, is credited to the General Fund as undedicated revenue. 

4.  Use of fees. 

B. The Bureau of Parks & Lands is authorized to use moneys credited to the Snowmobile Trail Fund to make grants-in-aid to political subdivisions, educational institutions, regional planning agencies, snowmobile groups and others for the construction and maintenance of snowmobile trails and for research development and planning of snowmobile trails. 

(1) For all grants to be disbursed after 7/184, the bureau shall promulgate rules specifying how to apply for the grants, which projects are eligible and the formula for state support. 

(2) The bureau may charge a reasonable fee for these services and materials when the moneys credited to it under this paragraph are insufficient to satisfy the demand for the services and materials. All fees so collected shall be deposited in the Snowmobile Trail Fund of the Bureau of Parks and Lands. 

(3) If any of these moneys are not expended during the year in which they are collected, the unexpended balance shall not lapse, but shall be carried as a continuing account available for the purposes specified until expended. 

C.   The Bureau of Parks and Lands is authorized to use moneys credited to the Snowmobile Trail fund of the Bureau of Parks and Lands for snowmobile trail acquisition, including, but not limited to, the purchase or lease of real estate and the acquisition of easements, construction, development, planning and maintenance and for providing educational and informational materials for the use of operators of snowmobiles and for research. 

D. The moneys distributed to the municipalities by the department may be appropriated by the municipalities for any purpose for which they may lawfully appropriate moneys. 

E. The moneys distributed to the counties by the department may be appropriated by the counties for use in the unorganized townships where the fee was payable. 

6.  Duplicate registration certificate. The holder of any resident or nonresident seasonal registration certificate issued under this section may obtain a duplicate from the commissioner upon application and payment of a fee of $1. 

7. Numbers permanent. All numbers once awarded under this section to a resident-owned snowmobile remain with that snowmobile until the snowmobile is destroyed, abandoned or permanently removed from this State, except that numbers that have been inactive for at least 7 years may be reissued . 

8.  Transfer of ownership or discontinuance of use. 

A. A person who transfers the ownership or permanently discontinues the use of a snowmobile having a resident registration or a nonresident seasonal registration and applies for registration of another snowmobile in the same registration year is entitled to a certificate of registration upon payment of a transfer fee of $2 and is not required to pay the regular registration fee. 

B. Whenever ownership is transferred or the use of a snowmobile for which a registration certificate has already been issued is discontinued, the old registration certificate shall be properly signed and executed by the owner showing that the ownership of the snowmobile has been transferred or its use discontinued and returned to the commissioner within 10 days of the transfer or discontinuance of use. 

C. If there is a change of ownership of a snowmobile for which a registration certificate number has previously been issued, the new owner shall apply for a new registration certificate, shall set forth the original number in the application and shall pay the regular fee for the particular snowmobile involved. 

9. Reciprocity. Except as specifically provided in this subsection, and notwithstanding any other provision of law, a snowmobile may be possessed or operated by any person in this State without being registered in this State as long as: 

A. The snowmobile is properly registered in the name of a nonresident owner of the snowmobile; and 

B. The nonresident owner of the snowmobile is a resident of a state, province, country or district with which this State has reciprocity. 

For purposes of this subsection, "state, province, country or district with which this State has reciprocity" means a state, province, country or district that shares a common border with this State and that offers similar privileges to residents of this State. A state, province, country or district does not offer similar privileges if Maine residents holding a valid Maine snowmobile registration are charged a fee for access to the trail system in that state, province, country or district, or if, as determined by the commissioner, privileges and opportunities offered to snowmobile users in that state, province, country or district are not otherwise comparable to those offered in this State. A snowmobile owned by a nonresident may not be issued a resident registration. 

Nothing in this subsection authorizes the operation of any snowmobile in any manner contrary to this subchapter. 

10.  Restrictions. 

A. The registration certificate shall be subject to inspection by any law enforcement officer on demand. 

B. The registration number assigned to a snowmobile shall be displayed in such form and manner as the commissioner may determine except that an antique snowmobile is not required to display registration numbers. 

C. The registrant shall notify the commissioner if a snowmobile is destroyed, abandoned or permanently removed from this State. 

§7824-A. Collection by Commissioner 

The Commissioner or agents of the Commissioner shall act on behalf of the State Tax Assessor to collect the use tax due under Title 36, chapters 211 to 225, in respect to any snowmobile for which an original registration (any registration other than a renewal by the same owner) is required under this Title at the time and place of registration of that snowmobile. 

All taxes collected pursuant to this section must be transmitted forthwith to the Treasurer of State and must be credited to the General Fund as undedicated revenue. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. The department's administrative costs must be verified by the Department of Administrative and Financial Services. 

§7824-E. Collection by State Tax Assessor 

The provisions of this section and sections 7824-A, 7824-B, and 7824-F must be construed as cumulative of other methods prescribed in Title 36 for the collection of the sales or use tax. Nothing in these sections may be construed as precluding the State Tax Assessor from collecting the tax due in respect to any snowmobile in accordance with such other methods as are prescribed in Title 36 for the collection of the sales or use tax. 

§7824-F. Payment of sales or use tax prior to registration 

Prior to registering a snowmobile, an agent of the commissioner shall collect sales or use taxes due. Sales or use taxes are due unless: 

1. Nonresident. The person registering the snowmobile is not a resident of this State. Nonresidents are exempt from sales or use taxes on snowmobiles under Title 36, §1760, sub-§25-B. 

2. Renewal. The registration is a renewal registration by the same owner. 

3. Collected by the dealer. The applicant possesses a dealer's certificate showing that the sales tax was collected by the dealer. The State Tax Assessor shall prescribe the form of a dealer's certificate; or 

4. Exempt. The snowmobile is otherwise exempt from sales or use taxes under the provisions of Title 36, §1760, sub-§25-B (purchased by a person who is not a resident of this State). 

§7824-G. Snowmobile Enforcement Fund 

The Snowmobile Enforcement Fund is established in the Department's Bureau of Warden Service and in this section referred to as the "fund". All funds credited to the fund are available for use by the Game Warden Colonel of the Bureau of Warden Service only for the purposes established in this section. Money in the fund may be used only to supplement other funds appropriated to the enforcement operations program. Money in the fund at the end of each fiscal year does not lapse and must be carried forward to the next fiscal year. The Game Warden Colonel may use money in the fund only for the following purposes. 

1. Regular or overtime personnel services costs of the Warden Service related to enforcement of snowmobile laws; 

2. Safety or other education programs conducted by the Department or authorized by the department that are related to the operation of snowmobiles; or 

3. Other purposes, including the purchase of equipment or machinery, determined by the Game Warden Colonel as necessary for effective snowmobile safety and enforcement activities. 

§7825. Dealer's registration and license. 

1. Application and issuance. Any person who is in the business of selling snowmobiles in the State shall register as a dealer and secure a dealer's license from the commissioner. Dealers so registered and licensed need not register individual snowmobiles. 

2. Fees. The dealer's registration and license fee shall be $15 annually from each July 1st. 

3. Dealer's number plates. Dealer's plates shall be provided and obtained as follows: 

A. Each registered dealer may receive dealer's number plates. The annual fee for a dealer's number plate is: 

(1) For a resident dealer's plate, $16; and 

(2) For a nonresident dealer's plate, $60. 

B. Replacement of lost or stolen plates may be obtained for a fee of $5 for each plate. 

C. If a number plate is lost or stolen, the owner shall notify the commissioner immediately. 

4. Temporary registrations and numbers. The commissioner may issue temporary numbers and registrations to bonafide dealers who may, upon the sale or exchange of a snowmobile, issue them to new owners in order to allow them to operate snowmobiles for a period of 20 consecutive days only after the day of sale in lieu of a permanent number as required by this subchapter. 

5. Restrictions. Dealers shall display their dealer's number on each snowmobile being used until the sale of the snowmobile, whereupon it becomes the owner's responsibility to register the snowmobile. 

§7825-A. Snowmobile repair shop registration and license 

1. A person whose business includes repairing snowmobiles but who is not required to be licensed as a snowmobile dealer under section 7825 may register that business entity as a snowmobile repair shop and secure a snowmobile repair shop license and number plate from the commissioner. 

2. The annual fee for a snowmobile repair shop license is $15. 

3. The owner of a snowmobile repair shop licensed under this section may operate or allow the operation of an unregistered snowmobile for the purpose of field testing repairs to that snowmobile if valid repair shop number plates issued under this section are affixed to the snowmobile during the field test; and the snowmobile is not owned by the repair shop or any person employed by the repair shop. Operating an unregistered snowmobile in compliance with this subsection is not a violation of section 7827, subsection 1. 

§7826. Operating on land of another 

1. No permission given. This subchapter is in no way to be construed as giving license or permission to cross or go on the property of another. 

2. Stop and identify requirement. Any person operating a snowmobile upon the land of another shall stop and identify himself upon the request of the landowner or his duly authorized representative. Any person in violation shall be held accountable to the owner under existing law. 

§7827. Prohibited acts 

1. Operating unregistered snowmobile. A person is guilty, except as provided in sub-§ 23, paragraphs A and B, of operating an unregistered snowmobile if he operates a snowmobile which is not registered in accordance with § 7824. 

2. Operating a snowmobile upon a controlled access highway. A person is guilty, except as provided in sub-§ 23, paragraph C, of operating a snowmobile upon a controlled access highway if he operates a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway. 

3. Unlawfully operating a snowmobile on a plowed road. A person is guilty of unlawfully operating a snowmobile on a plowed road if he operates a snowmobile upon any plowed private road, or public road plowed privately without public compensation, after having been forbidden to do so by the owner thereof, the owner's agent or municipal officer, either personally or by appropriate notices posted conspicuously on that road. 

4. Operating a snowmobile on a public way. A person is guilty, except as provided in sub-§ 23, paragraph D, of operating a snowmobile on a public way if he operates a snowmobile upon the main traveled portion, the sidewalks or the plowed snowbanks of a public way. 

4-A. Unlawfully operating a vehicle on a snowmobile trail. A person is guilty of unlawfully operating a vehicle on a snowmobile trail if that person operates any 4-wheel drive vehicle, dune buggy, ATV, motorcycle or any other motor vehicle, other than a snowmobile and appurtenant equipment on snowmobile trails which are financed in whole or in part with funds from the Snowmobile Trail Fund, unless that use has been authorized by the landowner or the landowner's agent, or unless the use is necessitated by an emergency involving safety of persons or property. 

5. Failing to stop a snowmobile before entering a public way. A person is guilty of failing to stop a snowmobile before entering a public way if he fails to bring a snowmobile to a complete stop before entering a public way. 

6. Failing to yield right-of-way while operating a snowmobile. A person is guilty of failing to yield the right-of-way while operating a snowmobile if he fails to yield the right-of-way to all vehicular traffic while operating a snowmobile on a public way. 

7. Crossing a closed bridge, culvert, overpass or underpass with a snowmobile. A person is guilty of crossing a closed bridge, culvert, overpass or underpass with a snowmobile if he crosses with a snowmobile a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation. The Commissioner of Transportation may, following a public hearing, prohibit the crossing of an individual bridge, culvert, overpass or underpass if he determines that that crossing or use of the public way is hazardous. Any bridge, culvert, overpass or underpass closed by the Commissioner of Transportation must be posted by appropriate notices. 

8. Reckless operation of snowmobile. A person is guilty of reckless operation of a snowmobile if he operates any snowmobile in such a way as to recklessly create a substantial risk of serious bodily injury to another person. 

9. Operating a snowmobile under the influence of intoxicating liquor or drugs. A person commits the crime of operating a snowmobile while under the influence of intoxicating liquor or drugs if that person operates or attempts to operate any snowmobile: 

A. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or 

B. For a person 21 years of age or older, while having 0.08% or more by weight of alcohol in that person's blood; or 

C. For a person less than 21 years of age, while having any amount of alcohol in the blood. 

Operating a snowmobile while under the influence of intoxicating liquor or drugs is a Class D crime. 

9-A. Failure to comply with duty to submit. A person is guilty of failure to comply with the duty to submit to and complete a blood-alcohol or drug concentration test under §7828 if that person refuses to submit to or fails to complete a blood-alcohol or drug concentration test or both when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate a snowmobile while under the influence of intoxicating liquor. 

10. Operating a snowmobile to endanger. A person is guilty of operating a snowmobile to endanger if he operates any snowmobile so as to endanger any person or property as follows: 

A. A person may not operate a snowmobile on the statewide snowmobile trail system or a public right-of-way that is open to snowmobiling except at a reasonable and prudent speed for the existing conditions, including when approaching and crossing an intersection or railway grade crossing, when approaching and taking a curve, when approaching a hill crest, when traveling upon any narrow or winding trail and when a special hazard exists with respect to pedestrians, skiers or other traffic by reason of weather or trail conditions. 

B. Speed must be controlled at all times as necessary to avoid colliding with any person , vehicle, snowmobile or other object on or adjacent to the snowmobile trail. 

11. Operating a snowmobile at greater than reasonable and prudent speed. A person is guilty of operating a snowmobile at greater than a reasonable and prudent speed if he operates any snowmobile except at a reasonable and prudent speed for the existing conditions. 

12. Unlawfully operating a snowmobile while underage. A person is guilty of unlawfully operating a snowmobile while underage if he is under the age of 14 years and operates a snowmobile across any public way maintained for travel. 

13. Permitting an unaccompanied child to operate a snowmobile. A person is guilty, except as provided in sub-§ 23, paragraph E, of permitting an unaccompanied child to operate a snowmobile if he permits a child under 10 years of age to operate any snowmobile unless he is accompanied by an adult. 

14. Operating a snowmobile which exceeds noise limit. A person is guilty, except as provided in sub-§ 23, paragraphs A and F, of operating a snowmobile which exceeds the noise limit if he operates a snowmobile above the following noise limits. 

A. Every snowmobile manufactured after 10/1/73, and offered for sale or sold in this State shall be constructed to limit the total vehicle noise to not more than 82 decibels of sound pressure level at 50 feet on the "A" scale, as measured by the SAE standards J-192. 

B. Every snowmobile manufactured after 2/1/75, and offered for sale or sold in this State shall be constructed to limit total vehicle noise to not more than 78 decibels of sound pressure level at 50 feet on the "A" scale, as measured by the SAE standards J-192. 

15. Unlawfully modifying snowmobile. A person is guilty, except as provided in sub-§ 23, paragraph A, of unlawfully modifying a snowmobile if he modifies any snowmobile in a manner that amplifies or otherwise increases total noise emission above that emitted by the snowmobile as originally constructed, regardless of the date of the manufacture. 

16. Operating a snowmobile with insufficient lights. A person is guilty, except as provided in sub-§ 23, paragraph A, of operating a snowmobile with insufficient lights if he operates a snowmobile which is not equipped as follows: 

A. Every snowmobile shall have mounted on the front at least one headlight capable of casting a white beam for a distance of at least 100 feet directly ahead of the snowmobile; and 

B. Every snowmobile shall have mounted on the rear at least one lamp capable of displaying a red light which shall be visible at a distance of at least 100 feet behind the snowmobile. 

17. Failure to use snowmobile lights. A person is guilty, except as provided in sub-§ 23, paragraph A, of failure to use snowmobile lights if he fails to use the lights required under sub-§16 as follows: 

A. During the period from 1/2 hour after sunset to 1/2 hour before sunrise; and 

B. At any time when, due to insufficient light or unfavorable atmospheric conditions caused by fog or otherwise, other persons, vehicles and other objects are not clearly discernible for a distance of 500 feet ahead. 

18. Operating a snowmobile on railroad tracks. A person is guilty, except as provided in sub-§ 23, paragraph F-1, of unlawfully operating a snowmobile on railroad tracks, if that person: 

A. Operates any snowmobile along or adjacent and parallel to the tracks of any railroad within the limits of any railroad right-of-way without written permission from the railroad owning the right-of-way; or 

B. Operates any snowmobile across the tracks of any railroad after having been forbidden to do so by the railroad owning the railroad right-of-way, or by an agent of that railroad, either personally or by appropriate notices posted conspicuously along the railroad right-of-way. 

19. Operating a snowmobile in a cemetery. A person is guilty of operating a snowmobile in a cemetery if he operates any snowmobile in any cemetery, burial place or burying ground. 

20. Operating too close to certain buildings. A person is guilty, except as provided in sub-§ 23, paragraph G, of operating too close to a dwelling, hospital, nursing home, convalescent home or church if he operates a snowmobile within 200 feet of any of those buildings. 

21. Unlawfully permitting operation. A person is guilty of unlawfully permitting operation of a snowmobile if he owns a snowmobile and knowingly permits it to be operated in violation of any § of this subchapter. 

22. Failure to report accident. A person is guilty of failure to report a snowmobile accident if that person: 

A. Is the operator of any snowmobile involved in any accident resulting in injuries requiring the services of a physician, in death of any person or in property damage to the estimated amount of $300 or more; some person acting for such an operator; or the owner of the involved snowmobile having knowledge of the accident, should the operator of the snowmobile be unknown; and 

B. Fails to give notice of the accident to a law enforcement officer available nearest to the place where the accident occurred. 

23. Exceptions. 

A. Notwithstanding sub-§s 1, 14, 15, 16 and 17, snowmobiles operated at a prearranged racing meet whose sponsor has obtained a permit to hold such a meet from the commissioner are exempt from the provisions of this subchapter concerning registration, noise, horsepower, and lights during the time of operation at such meets and at all prerace practice at the location of the meet. 

B. Notwithstanding the provisions of sub-§ 1: 

(1) No registration shall be required for a snowmobile operated over the snow on land on which the owner lives or on lands on which he is domiciled, provided the snowmobile is not operated elsewhere within the jurisdiction of this State; 

(2) No registration shall be required for a snowmobile operated by a commercial ski area for the purpose of packing snow or for rescue operation thereon, unless the snowmobile is required to cross a public way during that operation; and 

(3) Snowmobiles owned and operated in this State by the Federal Government, the State or political subdivision of the State shall be exempt from registration fees, but shall be registered and required to display numbers. 

(4) Registration is not required to field test repairs to a snowmobile if valid snowmobile repair shop number plates issued under section7825-A are affixed to the snowmobile during the field test and the snowmobile is not owned by the snowmobile repair shop or any repair shop employee; and 

(5) Registration is not required to field test repairs to a snowmobile if the snowmobile is tested on the premises of the repair shop when the snowmobile repair shop is open and the snowmobile is not owned by the snowmobile repair shop or any repair shop employee. 

C. Notwithstanding the provisions of sub-§ 2: 

(1) Properly registered snowmobiles may cross controlled access highways by use of bridges over or roads under those highways, or by use of roads crossing controlled access highways at grade; and 

(2) The Commissioner of Transportation may issue special permits for designated crossings of controlled access highways. 

D.Notwithstanding the provisions of sub-§ 4: 

(1) Properly registered snowmobiles may operate on a public way only the distance necessary, but in no case to exceed 300 yards on the extreme right of the traveled way for the purpose of crossing, as directly as possible, a public way, sidewalk or culvert; 

(2) Properly registered snowmobiles may operate on a public way only the distance necessary, but in no case to exceed 500 yards on the extreme right of the traveled way for the sole purpose of crossing, as directly as possible, a bridge, overpass or underpass, provided that that operation can be made in safety and that it does not interfere with vehicular traffic approaching from either direction on the public way; 

(3) Snowmobiles may operate on any portion of public ways when the public way has been closed in accordance with Title 23, §2953; 

(4) If the main traveled portion of a public way is publicly plowed and utilized by conventional motor vehicles, snowmobiles may operate only on that portion of the way not maintained or utilized for the operation of conventional motor vehicles, except that operation on the left side of the way is prohibited during the hours from sunset to sunrise on the portion of the way not maintained or utilized for the operation of conventional motor vehicles. This subparagraph does not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utility's corporate function, so that public utilities may effectively and speedily carry out their obligations to the public. 

(5) Snowmobiles may be operated on streets and public ways during a period of emergency when the emergency has been so declared by a police agency having jurisdiction and when travel by conventional motor vehicles is not practicable. This subparagraph shall not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utilities corporate function, so that public utilities may effectively and speedily carry out their obligations to the public; and 

(6) Snowmobiles may be operated on streets and public ways in special snowmobile events of limited duration conducted according to a prearranged schedule, under a permit from the governmental unit having jurisdiction. 

(7) Notwithstanding subparagraphs (1) to (6), snowmobiles may be operated on the extreme right of a public way within the built-up portion of a municipality, unorganized or unincorporated township if the appropriate governmental unit has designated the public way as a snowmobile access route for the purpose of allowing snowmobiles access to places of business. A public way designated by an appropriate governmental unit as a snowmobile-access route must be posted conspicuously at regular intervals by that governmental unit with highly visible signs designating the snowmobile-access route. Before designating a public way as a snowmobile-access route, the appropriate governmental unit shall make appropriate determinations that snowmobile travel on the extreme right of the public way may be conducted safely and will not interfere with vehicular traffic on the public way. For purposes of this subparagraph, "appropriate governmental unit" means the Dept. of Transportation, county commissioners or municipal officers within their respective jurisdictions. The jurisdiction of each appropriate governmental unit over public ways pursuant to this subparagraph is the same as its jurisdiction over the passage of vehicles on public ways pursuant to Title 29 §902. Municipal or county law enforcement officials having jurisdiction have primary enforcement authority over any route established under this paragraph. 

E. Notwithstanding sub-§ 13, that sub-§ does not apply on land which is owned by the parent or guardian or on land where permission for use has been granted to the parent or guardian. 

F. Notwithstanding sub-§ 14: 

(1) Snowmobiles manufactured on or before 10/1/73, may be operated without reference to that sub-§, unless they have been modified in violation of sub-§ 15; and 

(2) Snowmobiles manufactured after 10/1/73, but on or before 2/1/75, may be operated without reference to the requirements of that sub-§ concerning the noise limit of 78 decibels of sound pressure. 

F-1. Notwithstanding sub-§ 18: a person is not guilty of operating a snowmobile on railroad tracks if he is operating within the right-of-way of a portion of railroad line which has been officially abandoned under the authority of the Interstate Commerce Commission. 

G. Notwithstanding sub-§ 20, that sub-§ does not apply in the following situations: 

(1) When operating on public ways in accordance with sub-§s 4, 5, 6 and 7 and sub-§ 23, paragraph C; 

(2) When operating on the frozen surface of any body of water; and 

(3) When operating on land which the operator owns or is permitted to use. 

24. Unlawful issuance of snowmobile registration. An agent is guilty of unlawfully issuing a snowmobile registration if that agent issues a resident snowmobile registration to a nonresident or a nonresident snowmobile registration to a resident. 

25. Fraudulent acquisition of a snowmobile registration. A person is guilty of fraudulently obtaining a snowmobile registration if that person obtains that registration through fraud, misstatement or misrepresentation. 

§7828. Implied consent to chemical tests 

Any person who operates or attempts to operate a snowmobile within this State has a duty to submit to a test to determine that person's blood-alcohol level or drug concentration by analysis of blood, breath or urine if there is probable cause to believe that the person has operated or attempted to operate a snowmobile while under the influence of intoxicating liquor or drugs. The duty to submit to a blood-alcohol or drug concentration test includes the duty to complete either a blood, breath or urine test or any combination of those tests. Tests and procedures applicable in determining whether a person is under the influence of intoxicating liquor or drugs are governed by § 7912. 

§7829. Liability for damage by other persons. 

The owner of a snowmobile, the person who gives or furnishes that snowmobile to a person under 18 years of age and the parent or guardian responsible for the care of that minor are jointly and severally liable with the minor for any damages caused in the operation of the snowmobile by that minor. 

§7830. Impoundment of snowmobiles. 

When a law enforcement officer issues a summons for a violation under this subchapter, the officer may impound the snowmobile operated by the person who receives the summons if, in the judgment of the officer, based on actual previous offenses by the operator or other considerations, the operator will continue to operate the machine in violation of this subchapter and that operation may be a hazard to the safety of persons or property. 

The operator or owner of an impounded snowmobile may reclaim the snowmobile at any time subsequent to 24 hours after the issuance of the summons upon payment of the costs of impoundment to the enforcement agency impounding the snowmobile. 

In addition to the snowmobile law, the following provisions apply to snowmobiles and are found elsewhere in the Inland Fisheries & Wildlife laws: 

§7035. Powers 

The commissioner may, in conformity with the Administrative Procedures Act, Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that he is charged with the duty of administering. These rules duly promulgated shall have the full force and effect of law and shall be effective upon filing with the Secretary of State, unless a later date is required by statute or specified in the rule. 

No municipality or political subdivision of the State shall enact any ordinance, law or rule regulating the hunting, trapping or fishing for any species of fish or wildlife, the operation, registration or numbering of watercraft or snowmobiles, or any other matter of chapter 715, subchapters I and II. Nothing in this paragraph is to be construed to prohibit the adoption of rules as authorized in §7792. 

2. Filing of rules. The commissioner may file certified copies of all rules promulgated by him and any and all amendments thereto with the clerk of all District Courts and Superior Courts in the State in which these rules are applicable. These certified copies shall be considered official publications of the State for all purposes, including, but not limited to, the Maine Rules of Civil Procedure, Rule 44(a) (1) and the Maine Rules of Criminal Procedure, Rule 27, and judicial notice shall be taken accordingly. 

§ 7053. Duties and Powers 

2. In addition to other powers granted in chapters 701 to 721, game wardens may: 

F. Stop and examine any snowmobile to ascertain whether it is being operated in compliance with chapter 715, subchapter II; demand and inspect the operator's certificate of registration; and examine the identification numbers of the snowmobile and any marks on it. 

§7056. Officials with certain powers and duties of game wardens 

2. Snowmobile laws. All foresters, wardens of the Bureau of Forestry and supervisors and rangers of the State Bureau of Parks and Lands and Allagash Wilderness Waterway shall have the same powers and duties as game wardens to enforce chapter 715, subchapter II. 

§7060. Failure to stop for a law enforcement officer. 

3. A person is guilty of failure to stop for a law enforcement officer if he fails or refuses to stop any snowmobile on request or signal of any law enforcement officer in uniform whose duty it is to enforce chapter 715, subchapter II. 

§7901. Penalties. 

A violation of any prohibited act in chapters 701 to 721 is a Class E crime, except as otherwise provided. 

§7910. Collection and disposition of money: 

Moneys relating to snowmobile laws and rules shall be collected and expended in accordance with §7824, sub-§'s 3-4. 

§7952. Snowmobile accident reports. 

Failure of persons required to give notice of certain snowmobile accidents under § 7827, sub-§ 22, to give notice of any accident requiring notice to the nearest available law enforcement officer to the place where the accident occurred shall be prima facie evidence that the accident was not reported. 

2. Use of accident reports. All accident reports made by investigating officers shall be for the purpose of statistical analysis and accident prevention and shall not be admissible in evidence in any trial, civil or criminal, arising out of the accident, but any investigating agency may disclose, upon the request of any person, the date, time and location of the accident and the names and addresses of drivers, owners, injured persons, witnesses and the investigating officer. The investigating agency may upon written request furnish a photocopy of any report at the expense of the person making the request. 

The Commissioner of Inland Fisheries and Wildlife has adopted the following regulations pertaining to snowmobiles in the State of Maine. 

Chapter 9 (9.02) The form & manner for displaying registration number and validation stickers 

Resident Snowmobile. The resident registration number and suffix letter (when applicable) shall be painted or firmly attached to both sides of the cowling of each snowmobile in a color that is in marked and distinct contrast to the background to which the number is applied. The registration number and suffix letter must read from left to right with block character Arabic numbers and capital letter not less than one inch in height. 

Validation stickers issued by the Department of Inland Fisheries and Wildlife shall be placed within 3 inches of the assigned registration number on both sides of the cowling of the snowmobile. The letter ME before the registration number need not be displayed. Duplicates for destroyed or lost stickers may be obtained for a fee of $1.00 per set. 

Non-Resident Snowmobile. The non-resident snowmobile registration number will be printed on the registration stickers issued by the Department of Inland Fisheries and Wildlife. The registration stickers must be attached to both sides of the cowling of the snowmobile. Only the most current set of registration stickers will be displayed on the snowmobile. 

9.04. Noise Limitations 

Pursuant to the provisions of Title 12 M.R.S.A. §7827 (14), no snowmobile manufactured after February 1, 1975 may be sold or offered for sale by any manufacturer, distributor or dealer in the State of Maine unless such snowmobile is constructed so as to limit total vehicle noise to not more than 78 decibels of sound pressure at 50 feet on the A scale as measured by the SAE Standards J-192a and proof of compliance with the foregoing requirement in the form of either (i) an "SSCC" label conspicuously attached showing certification by the Snowmobile Safety Certification Committee, Inc. that such snowmobile meets the State's minimum noise standards or (ii) by a letter with test results submitted to the Commissioner of Inland Fisheries and Wildlife showing an evaluation of the noise level by a competent independent testing laboratory and showing or certifying that such snowmobile meets the State's minimum noise standards. 

9.06. Dealer Temporary Registration 

Dealers may issue temporary registrations to new owners by completing the form provided by the Commissioner. The dealer must pay a fee of $1 for each temporary registration he receives from the Commissioner. He may charge the new owner no more than $1 for issuing the temporary registration. 

9.07 Local Temporary Snowmobile Registration 

Any snowmobile registration processed by a local registration agent which is not a renewal shall be a 90 day temporary registration. All snowmobiles covered by a local temporary snowmobile registration shall be required to display the snowmobile temporary registration sticker on each side of the cowling until the permanent registration is issued. 

Statutory Authority: 12 MRSA §7035, 7824 

Chapter 11 - Protection & Safety of Spectators At Snowmobile Races 

Relating to safety of spectators during snowmobile racing, a permit must be obtained from the Chief Warden of the Department of Inland Fisheries and Wildlife before a snowmobile race is conducted. Specifications of safety standards may be obtained from the Department of Inland Fisheries and Wildlife. 

14 MRSA §159-A Limited Liability for Recreational or Harvesting Activities 

1. Definitions: As used in this section, unless the context indicates otherwise, the following terms shall have the following meanings. 

A."Premises" means improved and unimproved lands, private ways, roads, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands. 

B."Recreational or harvesting activities" means recreational activities conducted out-of-doors, including but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. "Recreational or harvesting activities" does not include commercial agricultural or timber harvesting. 

2. Limited Duty. An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This sub-§ applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises. 

3. Permissive use. An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby: 

A. Extend any assurance that the premises are safe for those purposes. 

B. Make the person to whom permission is granted an invitee or licensee to whom a duty of care is owed; or 

C. Assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted. 

4. Limitation on section. This section does not limit the liability that would otherwise exist: 

A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity; 

B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following: 

(1) The landowner or the landowner's agent by the State; or 

(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or 

C.For an injury caused, by acts of persons to whom permission to pursue any recreational or harvesting activities was granted, to other persons to whom the person granting permission, or the owner, lessee, manager, holder of an easement, or occupant of the premises, owed a duty to keep the premises safe or to warn of danger. 

5. No duty created. Nothing in this section creates a duty of care or ground of liability for injury to a person or property. 

6. Costs and fees. The court shall award any direct legal costs, including reasonable attorney's fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.  

1) You must stop at customs to cross a Canadian/U.S. border. The penalty for not stopping is $5,000 and loss of your snowmobile. 

2) You must have a "Trail Pass" to ride Quebec trails. Pick up your pass from the first club or the Federation of Clubs for Snowmobiles in Quebec; telephone: (514) 252-3076. 

3) Trail 89/75 (Jackman) and Trail 85/19 (Fort Kent) crossing is open 24 hours/7 days a week. 

4) Trail 92/95 crossing is only open: 
 

Day	U.S. Time	Canadian Time
Mon.	6:00 a.m.-2:00 p.m	9:00 a.m.-5:00 p.m.
Tues	6:00 a.m.-2:00 p.m	9:00 a.m.-5:00 p.m.
Wed.	6:00 a.m.-2:00 p.m	9:00 a.m.-5:00 p.m
Thurs.	6:00 a.m.-2:00 p.m.	9:00 a.m.-5:00 p.m
Fri.	6:00 a.m.-2:00 p.m	9:00 a.m.-5:00 p.m.
Sat .	Closed	Closed
Sun.	Closed	Closed

5) Major ME/NB crossings are all open 24 hours/7 days a week. For local information contact: Ross Antworth, New Brunswick Federation of Snowmobile Clubs (506) 325-2625. A trail pass is required. 

NOTE: New laws regarding mandatory liability insurance may be in place in Quebec and New Brunswick. Please call ahead to check on insurance requirements. 

1) Travel in groups and inform some responsible person of your plans. 

2) Know your machine and its capabilities. 

3) Respect the rights and property of others. 

4) If it is necessary to travel on frozen bodies of waters, do so with extra caution. 

5) When crossing a highway be sure the way is clear and cross as directly as possible. 

6) Know and obey Maine snowmobile laws. 

7) Do not use your machine to harass wildlife, or in areas frequented by game. 

1) I will always operate at a reasonable and prudent speed for trail conditions; 

2) I will always drive to the right side of the trail and park to the right in single file or stop off the edge of the groomed surface; 

3) I will not pass unless recognized and motioned to pass by the snowmobile operator ahead; 

4) I will respect the trail groomer operator and leave the trail in the same condition I found it; 

5) I will not drink and drive; 

6) I will not ride on plowed roads except at legal crossings. 

Mail applications for snowmobile registrations to Division of Licensing and Registration, Department of Inland Fisheries and Wildlife, 41 State House Station, 284 State Street, Augusta, Maine  04333-0041; Tel: (207) 287-8000.

For information concerning snowmobile safety classes contact the Inland Fisheries and Wildlife Information Center, Tel: (207) 287-8000.

The Bureau of Parks and Lands, Department of Conservation, provides trail facilities and educational materials for snowmobile operators.  For additional information contact, Supervisor, Snowmobile Program, Bureau of Parks and Lands, Department of Conservation, Station 22, Augusta, Maine  04333, Tel: (207) 287-4957.