(1) "Commissioner" means the Commissioner of Motor Vehicles unless otherwise stated.

(2) "Department" means Department of Motor Vehicles unless otherwise stated.

(3) "Operate" includes an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of all-terrain vehicles whether they be at motion or rest.

(4) "Secretary" means the Secretary of Natural Resources.

(5) "All-terrain vehicle" or "ATV" means any nonhighway recreational vehicle, except snowmobiles, having no less than two low pressure tires (10 pounds per square inch, or less), not wider than 64 inches with two-wheel ATVs having permanent, full-time power to both wheels, and having a dry weight of less than 1,700 pounds, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain. An ATV on a public highway shall be considered a motor vehicle, as defined in section 4 of this title, only for the purposes of those offenses listed in subdivisions 2502(a)(1)(H), (N), (R), (U), (Y), (FF), (GG), (II), and (AAA); (2)(A) and (B); (3)(A), (B), (C), and (D); (4)(A) and (B) and (5) of this title and as provided in section 1201 of this title. An ATV shall not include an electric personal assistive mobility device.

(6) "Club or association" means an all-terrain vehicle club or association. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2001, No. 69, § 9; 2001, No. 91 (Adj. Sess.), § 10; 2003, No. 66, § 217a; 2007, No. 184 (Adj. Sess.), § 4; 2009, No. 50, § 82; 2015, No. 50, § 25.)