Over the last few weeks, I have been approached by several parents in regard to ATVs and off-road motorcycles. The majority of the questions surround registration laws, and allowable use of the machines by juveniles. Parents should make an informed decision prior to purchasing an ATV for their child. You should also be aware that it is a parent’s legal and moral responsibility to ensure that your child is riding responsibly. Many years ago we lost an ATV river to a fatal accident. We have also had some very serious personal injury accidents here in Windham. Let’s all do what we can to prevent another serious or potentially fatal accident.

Recently the state of Maine also passed some legislation in regard to ATVs and landowner permission. They did this in response to an overwhelming number of complaints by landowners about ATVs ruining their property. The former being the unfortunate result of a very minute number of ATV riders who have no respect for other people’s property. These laws can be summed up with the following;

•No one under the age of 16 may ride an ATV without adult supervision. (The rider may be charged with underage operation and the parent charged with allowing underage operation if they are not actively supervising the rider.)

•Do not be confused by the stickers on the machine, which refer to age. These do not reflect state law; they are there to protect the manufacturer in case of civil liability.

•No one under the age of 10 may operate an ATV off their domiciled land.

•Those 10-15 years of age must have an ATV safety course and certification in order to operate an ATV.

•All ATV’s must be registered if they are to be operated off your own personal property (this includes motorcycles that cannot be registered as motorcycles, e.g. any off road motorcycle that cannot be inspected under state law).

•You may not ride on a public way unless you are traveling less than 300 yards from trail to trail and must do so at the extreme right side of the road traveling at slow speeds.

•If you run from a law enforcement officer who has signaled you to stop (this includes hand signals) there is a mandatory minimum $1,000 fine and three days in jail. A judge may not suspend nor reduce this sentence. Just stop, it is much cheaper and easier to deal with than elevating things by running. You can’t outrun our radio and we have up to three years to prove you did this.

•The town of Windham has an ordinance which allows a law enforcement officer to tow and impound an ATV which is operated on land without permission, is operated by a youth under the age of 16, or is unregistered. The first offense receives a 5-day impoundment. Impoundment fees generally start at $50 per day. As you can see, this can be very expensive and the impoundment time adds five days for each subsequent offense.

These are just a few of the criminal laws, which cover ATV use. Do not forget civil liability if your child injures another or another’s property.

The majority of gravel and sand pits in Windham are off-limits to ATV use. This is due to the landowners’ fear of civil liability, and damage to their very expensive equipment. The majority of pit owners that I have spoken with have told me that they would not mind people riding in their pits but they refuse to allow it because of the damage to the equipment they receive and due to the littering which takes place. I have also received information in regard to drug activity, and fighting between these juveniles in our local pits.

Riding ATVs can be a fun family activity. They are a great way to enjoy time with your family and the outdoors. Join the Windham Wheelers ATV club. They are working very diligently toward an ATV trail system though out our community. They have some established ATV trails where it is legal to ride. You may contact them at windhamwheelers@hotmail.com.

Remember to respect other people’s property. If you do not give a person a reason to complain about ATV’s they will not call the police. Ride legal and the police will have no reason to stop you.