Section 137-9-08 - Nonresident Snowmobile AgentsThese 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: 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; ore. 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.)
09- 137 C.M.R. ch. 9, § 08