In this, the first operating-under-the-influence ease involving a moped to reach us, it was alleged that the Defendant, Andrew J. Senko, on August 21, 1982, at South Portland, had operated a motor vehicle while under the influence of intoxicating liquor; and the parties had stipulated that the vehicle then and there operated was a moped.

When the District Court (Ninth District, Portland) granted the Defendant’s pre-trial motion to dismiss the complaint on the *825ground that our statute, 29 M.R.S.A. § 1312-B, does not embrace the operator of a moped, the State appealed to this Court.

In light of statutory provisions which define a “motor vehicle” as meaning any self-propelled vehicle not operated exclusively on tracks, including motorcycles, but not including snowmobiles, 29 M.R.S.A. § 1(7); which make the operator of a moped subject to all of the duties applicable to the driver of a vehicle by this Title, 29 M.R.S.A. § 1961; and which make the operator of a moped subject to all the penalties within this Title, 29 M.R.S.A. § 1963; the District Court was in error.1

The entry is:

Appeal sustained.

Order of dismissal vacated.

Remanded to District Court for further proceedings consistent with the opinion herein.

All concurring.