Monday, February 1, 2010

Off-Road Vehicle Bill Passes Senate

On Thursday, January 28th the Senate passed S.2257, “An Act To Regulate The Use Of Off Highway and Recreation Vehicles.” This broad bill addresses a number of issues, including;

-Noise standards for off road vehicles
-Funding for trail maintenance and development from the proceeds of fines and registration fees
-Age restrictions on off-road vehicle use

A summary of the bill’s major provisions is posted in the “Read more” section below, and the full text of the bill is available at http://www.mass.gov/legis/bills/senate/186/st02pdf/st02257.pdf.

Thanks to the New England Trail Rider Association, who have played a key role in informing senators about the issues involved with S.2257, which now moves to the House of Representatives for legislative consideration and debate.



S.2251 – January 20, 2010
An Act to Regulate the use of Off Highway and Recreation Vehicles


Section 1:
• Allows persons in violation of Sections 21 to 24 inclusive to have a non-criminal disposition of their violation and pay a $250 fine

Section 2:
• Removes references to recreational vehicles from the Boating Safety Advisory Board such that it only reflects motor boats. The creation of the OHV advisory group in Section 3 replaces this effort.

Section 3:
• Creates an OHV working group, consisting of 13 members with staggered terms
• Amends Chapter 21A to create a retained revenue account called the Off Highway Vehicle Program Fund
o 100% of registration fees for OHVs will be deposited into the fund
o 75% of the fines collected from OHV violations will be deposited into the fund; 25% of the fines collected from OHV violations will be split between the applicable law enforcement entities involved in the issuance of the fines
• The funds may be expended for such purposes as additional enforcement activities, trail and land acquisition, trail maintenance and development, development of safety and training programs, hiring of environmental law enforcement officers

Section 4:
• Defines an all terrain vehicle
• Re-states the definition of law enforcement officer; does not include any new categories and strikes references to fish and game wardens since they no longer exist in statute

Section 5:
• Amends the definition of recreation vehicle to include off highway motorcycles, all terrain vehicles, dirt bikes, etc
• Provides agricultural, forestry, lumbering and construction exemptions
• Defines a new class of recreation vehicles – the recreation utility vehicle

Section 6:
• Requires that riders of recreation vehicles who are 18 years of age and younger must complete the rider safety program
• Requires that legal guardian of persons under the age of 16 to participate in rider safety course
• Requires operators to carry course completion card on their person

Section 7:
• Requires mandatory registration of all snow and recreation vehicles

Section 8:
• Provides fee waiver for mandatory registration for agricultural, forestry, lumbering or construction purposes
Section 9:
• Creates a noise standard for snow mobiles and recreation vehicles
• Requires that all persons file an accident report for those involving injury, death or property damage over $50

Section 10:
• Creates penalty for violation of sections 21 to 34 inclusive to be punished by a fine of not less than $250 nor more than $500

Section 11:
• Indicates that no person under 16 ½ may operate on a public way unless they hold a valid license or have appropriate supervision
• Allows recreation vehicle operators to cross a public way between trail heads after stopping and yielding to vehicular traffic
• Requires express permission to operate on un-marked public land

Section 12:
• Includes recreation vehicles in existing statutory sections regulating use of snow vehicles on areas adjacent to public ways

Section 13:
• Re-states helmet requirement (already exists in statute)
• Prohibits use of all terrain vehicles by all persons under the age of 14, unless operating in a sanctioned race, rally or event
• Creates an engine size restriction of 90cc or less for the use of an ATV between the ages of 14 and 16 years of age
• Requires adult supervision for ages 14 to 16
o Defines adult supervision
• Creates an exemption to the age 14 age restriction for those participating in a sanctioned and organized event; also allows a 21 day window to practice prior to the event
• Creates a violation category of knowingly allowing a person under the age of 18 to operate a snow or recreation vehicle in violation of the chapter
• Creates penalty for violation of sections 25 to 25D, and section 26B (relative to restrictions on operation on public ways, helmet usage, ATV use by persons under 14, usage by persons 14-16, use by persons under 18 and refusal to stop for police) of $250 for a first offense and for subsequent offenses a fine of $500 nor more than $2,500 and makes the vehicle subject to forfeiture
• Regulates the use on privately owned property, requiring proof of authorization to use the property in question (already exists in statute)
• Expands the violation category for the harassment of wildlife, wetlands and other priority environmental areas
• Loaded firearms regulations (already exists in statute)
• Creates a violation category of property damage
• Creates a violation category of operating a snow or recreation vehicle after a registration suspension or revocation
• Creates a violation category of unauthorized use of another’s vehicle
• Creates a penalty for violation of Sections 25G to 25L (relative to restrictions on use on private property, disturbance of wildlife or planted areas, firearms, collisions, operation with suspended/revoked registration and unauthorized use) of $250 nor more than $1,000


Section 14:
• Creates a category of violation for reckless or negligent operation endangering lives or public safety
o Penalty for such offense is by a fine of is fine of $250 nor more than $1,000
• Creates a category of violation for hit and run with property damage of more than $500
o Penalty for such offense is fine of $250 nor more than $1,000
• Creates a category of violation for failure to stop as requested by law enforcement officer and giving false information to a law enforcement officer
• Creates a category of violation for hit and run causing injury
o Penalty for such offense is fine of not less than $500 nor more than $1,000
• Creates a category of violation for reckless or negligent operation causing serious bodily injury
o Penalty for such offense is up to 2 ½ years in the house of correction or by fine of not more than $5,000 or both
• Creates a category of violation for reckless and negligent operation causing death
o Penalty for such offense is up to 5 years in state prison, or by a fine of not more than $5,000, or both
• Indicates that conviction of violations relative to incidents causing serious bodily injury or death result in suspension of driver’s license for certain lengths of time; provides for longer periods of suspension for subsequent offenses
• Creates a category of violation for OUI for age 21 years and older (redraft of existing statute)
o Penalty for such offense is fine of $500 nor more than $5,000; also includes suspension/revocation of driver’s license and revocation of off highway vehicle registration provisions
• Creates a category of violation for OUI for under age 21
o Penalty for such offense is fine of $500 nor more than $5,000; also includes driver’s license revocation provision; also includes suspension/revocation of driver’s license and revocation of off highway vehicle registration provisions
• Delineates which penalties are subject to vehicle forfeiture and allows for any profits from seizure be distributed such that 75% is deposited into the OHV fund and 25% to the municipality that was involved with the seizure proceedings


Section 15:
• States that owners of vehicles who knowingly allow persons under the age of 18 years of age to use their machines may be held liable jointly and severally with the operator for any damage or injuries caused by their actions
• States that owners of vehicles who knowingly allows persons over the age of 18 to operate a machine negligently may be held liable jointly and severally with the operator for any damage or injuries caused by their actions


Section 16:
• Requires minimum standards for enforcement of sections 21 to 34 inclusive and 26B to 26F inclusive

Section 17:
• Specifies that 75% of the fines collected pursuant to section 10H of Chapter 21A and sections 21 to 32 inclusive be deposited into the OHV Program fund; and 25% of the fines collected from OHV violations will be split between the applicable law enforcement entities involved in the issuance of the fines

Section 18:
• Strikes Section 35 of Chapter 90B, outdated reference to old recreation funds

Section 19:
• Amends Section 121A of Chapter 266 so that trespass fines are consistent with those in Chapter 90B

Section 20:
• Requires the updating of CMRs in 180 days so that they are consistent with passage of this act

Section 21:
• Requires the creation of fee registration exemption forms for recreational vehicles to be used for agricultural, lumbering, forestry and construction purposes.

Section 22:
• Allows the promulgation of additional rules regulating the age at which persons may operate an ATV, including engine size and speed. Creates a floor for age category

Section 23:
• Requires the adoption of the minimum training standards within 90 days of the act’s effective date

Section 24:
• Indicates that mandatory registration is effective 6 months after the effective date, but provides a grace period for violations and enforcement for 9 months after the effective date

Section 25:
• Indicates that grace period for lack of registration does not apply for hit and run.