These rules have been adopted pursuant to
12 M.R.S.A.,
Sections7035 and
7824, and
shall be applicable to the establishment of agents for the purpose of issuing
nonresident snowmobile registrations.
B. Definitions
1. Nonresident snowmobile agent. "Nonresident
snowmobile agent" means any person or business designated by the Commissioner
through written agreement, subject to the terms and conditions of these rules,
to register nonresident snowmobiles on behalf of the State of Maine for
qualified nonresident applicants.
C. Selection and Operating Standards
1. Nonresident snowmobile agents will be
selected by the Commissioner on the basis of need as follows:
a. All snowmobile agents established as of
9/1/95 and successfully completing the responsibilities and requirements of an
agent will be designated as nonresident snowmobile agents for 1996, upon
entering into a written agreement with the Commissioner regarding minimum
operating standards. Failure to enter into the above agreement will result in
elimination of the agent.
b. A
maximum of one hundred additional nonresident snowmobile agents will be
established in Maine for 1996 and distributed to counties, based on land area.
The Commissioner may establish additional nonresident snowmobile agents in
other states as needed to service the nonresident snowmobile public.
c. Nonresident snowmobile agents will not
exceed two per town or city, one of which is the agent described in paragraph
C.1.a. above, unless it is determined by the Commissioner that more than two is
needed to service the nonresident snowmobiling public due to:
(1) the amount of snowmobiling activity in
the area and
(2) the number and
location of major access routes within the city or town.
2. The selection of new
nonresident snowmobile agents will be made by the Commissioner to provide the
most convenient and accessible locations for nonresident snowmobilers to
acquire registrations. All selections will be based on the following criteria:
a. Creditworthiness;
b. Location of the applicant in relation to
major access routes and accessibility to the public;
c. Relation of the business to
snowmobiling;
d. Days and hours
during which registrations will be issued.
e. Location of applicant in relation to other
applicants;
f. Capability of the
applicant to issue registrations in a timely manner.
If an applicant has more than one place of business, each
place of business will be evaluated separately and, if selected, count as an
agent.
3. The
Commissioner will enter into a written agreement with each nonresident
snowmobile agent which specifies operating standards for agents. Any
nonresident snowmobile agent located outside of Maine must maintain an
insurance bond to cover the value of the registrations supplied to the
agent.
4. Agents designated by the
Commissioner for the purpose of issuing nonresident snowmobile registrations
will be responsible for compliance with all pertinent laws, regulations,
performance agreements and reporting requirements regarding the registration of
snowmobiles.
5. All agreements with
nonresident snowmobile agents will remain in effect until:
a. The agent no longer wishes to register
snowmobiles at the agreed upon location and terminates the written agreement
with the Commissioner;
b. The agent
changes the location of the agency;
c. The agent sells or leases the
agency;
d. The designation as a
nonresident snowmobile agent is terminated by the Commissioner for failure to
comply with pertinent laws, rules, and performance standards; or
e. The designation as a nonresident
snowmobile agent is terminated by the Commissioner because of changing
conditions, circumstances, or legal requirements.
f. The designation as a nonresident
snowmobile agent is terminated by the Commissioner because of low volume of
registrations by the agent. A review of registrations will be conducted at
least once per year.
6.
Agreements regarding the operation of a nonresident snowmobile agency are not
transferable to another individual, location, business, or
corporation.
7. Any person or
business desiring to become a nonresident snowmobile agent must make
application to the Department on forms provided for that purpose. After the
initial selection of agents described in paragraph C.1.b. for 1996, applicants
will only be considered if an agency is available in the county and the
Commissioner determines the need exists for an additional nonresident
snowmobile agent.
D.
Termination of Services
1. Whenever the
Commissioner determines that a nonresident snowmobile agent has violated any
provisions of these rules, the Commissioner may immediately terminate the
services of that agent.
2. Whenever
the services of a nonresident snowmobile agent are terminated, the Commissioner
will notify the agent in writing as to the circumstances surrounding the action
and shall arrange to collect, from the agent, all state-owned registration
related materials, records, and funds. The Commissioner's notice shall explain
the reason for the termination of services, and shall give the specific factual
basis, if applicable. If the agent wishes to contest the termination, the agent
must appeal to the Commissioner in writing within 10 days, specifying all areas
of disagreement with the notice. The agent may supplement the appeal with
written statements of witnesses. After reviewing the appeal, the Commissioner
may decide to take no further action, maintaining the original termination, or
the Commissioner may modify the termination in any manner determined to be
appropriate. Pending this determination, the original termination will remain
in effect.
11.
ATV Plates
ATV registration plates shall be displayed on the rear
of the vehicle so that it is clearly visible to a person directly behind the
vehicle.
12.
Registration certificate
The operator of an ATV shall carry his registration
certificate with him at all times unless operating on his own land. He shall
display the registration certificate upon the request of any landowner who is
authorized to stop him as well as to any law enforcement
officer.
13.
Dealers
Dealers may apply for ATV dealer plates separately, or
along with their application for a dealer's permit. Dealers may obtain up to 2
plates if they sold fewer than 10 vehicle in the previous 12 months, up to
three plates if they sold 10 or more but less than 20, or up to 4 plates if
they sold more than 20.
14.
Temporary registrations
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.
*(APA Office Note: Amendment of 84-261 (filed
7-27-84) added Sections 11 - 14. There is no record that it was officially
repealed. Amendment of 87-281 (filed 8-7-87) adopted chapters 12 and 13 but did
not state that sections 11-14 were
repealed.)
