LIABILITY FOR DAMAGE BY OTHER PERSONS
Any owner of an ATV, any person who gives or furnishes an ATV to any person, and any parent or guardian responsible for the care of a minor under 18 years of age shall be jointly and severally liable with the operator for any damages caused in the operation of the vehicle or by this minor in operating any
ATV.
IMPOUNDMENT OF ATV'S
When a law enforcement officer issues a summons for a violation under this subchapter, the officer may impound the ATV operated by the person who received 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 vehicle in violation and such operation may be a hazard to the safety of persons or property.
The operator or owner may reclaim his vehicle 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 vehicle.
IMPLIED CONSENT TO CHEMICAL TESTS
Any person who operates or attempts to operate an ATV within this State has the duty to submit to a test to determine that person's blood-alcohol level by analysis of blood or breath if there is probable cause to believe that the person has operated or attempted to operate any ATV while under the influence of intoxicating liquor. The duty to submit to a blood-alcohol test includes the duty to complete either a blood
or breath test. Tests and procedures applicable in determining whether a person is under the influence are governed by section 7912.
PENALTIES
A violation of ,subsection 10, 10-A, 13,13-A, 13-B, 14,15,16, 17, 20 or 21 or of section 7858 is a civil violation with a fine of not less than $100 nor more than $500, of which not more than $50 may be suspended. Violations of all other laws pertaining to all-terrain vehicles are a Class E crime, subject to a fine of
$500 and 6 months imprisonment.
Chapter 15. General ATV Trail Guidelines
(Bureau of Parks and Recreation)
Trail Design and Maintenance Classification.
Established Treadway
Class I - Two feet for two wheel vehicles including dirt bikes, off-road bikes, fat cats, etc.
Class II- Five feet for three and four wheel vehicles 50 inches or less in width, dry registered weight of less than 600 pounds traveling on low pressure tires of6 pounds or less designed to be straddled by the operator.
Class III - Eight feet for vehicles greater than 50 inches in width, greater than 600 pounds registered dry weight, traveling on Multi-wheels or tracks not limited to but including 4 x 4 trucks, dune buggies, coots and amphibious vehicles.
Limited Liability for Recreational or Harvesting Activities.
A "Premises" shall mean improved and unimproved lands, private ways, 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 hunting, fishing, trapping, camping, hiking, sightseeing, operation of snow-traveling and
all-terrain vehicles, skiing, hang-gliding, boating, sailing, canoeing, rafting or swimming or activities that involve harvesting or gathering forest products. It shall include entry, use of and passage over premises in order to pursue these activities.
2. An owner, lessee or occupant of premises shall owe no 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.
3. An owner, lessee or occupant who gives permission to another to pursue recreational or harvesting activities on the premises shall 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. This section shall not limit the liability which 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 landowner by the State; 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 or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
5. Nothing in this section shall create a duty of care or ground of liability for injury to a person or property.
6. The court shall award any direct legal costs, including reasonable attorney's fees, to an owner, lessee or occupant who is found not to be liable for injury to a person or property pursuant to this section.
