Code of Massachusetts Regulations
323 CMR - DIVISION OF LAW ENFORCEMENT
Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles
Section 3.02 - Definitions

All-terrain Vehicle means a motorized recreation vehicle designed or modified for travel on four low pressure tires and having a seat designed to be straddled by the operator and handlebars for steering control.

Clearly Visible for the purposes of M.G.L. c. 90B, § 22 and 323 CMR 3.05(1), means that the registration number can be viewed and read from either side of the snow machine or recreation vehicle and is not obstructed by the operator or vehicle equipment.

Cowling for the purposes of M.G.L. c. 90B, § 22 and 323 CMR 3.05(1), means the forward portion of a snow machine or recreation vehicle, usually of fiberglass or similar material, surrounding the motor.

Dealer means any person, firm, corporation or entity engaged in the business of buying, selling or exchanging recreation vehicles, snow vehicles, or both at an established or permanent place of business in the Commonwealth, with each such place maintaining a sign conspicuously displayed showing the name of the dealership and indicating that recreation vehicles or snow vehicles may be purchased at such place, so that it may be located and identified as a recreation vehicle or snow vehicle dealer by the public.

Directly Supervised means the supervising adult, 18 years of age or older, shall be sufficiently close to the operator at all times that the operator's vehicle is in operation, such that a reasonable person acting as supervisor under the totality of the circumstances including, but not limited to, vehicle and ambient noise, the landscape, topography and geography of the location, and the operator's wearing of protective headgear, would reasonably believe that he or she is maintaining visual contact and verbal communication with the operator.

Director means the Director of the Office of Law Enforcement or his designee.

Dirt Bike means a recreation vehicle that is a lightweight motorcycle, equipped with two in-line wheels, designed for operation on unpaved surfaces, dirt roads, and trails.

Express or Implied Consent of Said Manufacturer or Dealer for the purpose of M.G.L. c. 90B, § 22, means that the recreation vehicle or snow vehicle is operated solely for the purpose of testing or demonstration directly related to the sale of such particular vehicle or a substantially similar vehicle; that a representative of the manufacturer or dealer other than the prospective purchaser(s) is present throughout such testing or demonstration, or that such consent is stated in writing and is carried on the person and shall include without limitation the name of the manufacturer or dealer, the name of the recipient of the consent, the registration numbers of the vehicle and the date of the consent provided that no such consent may be granted for a period of greater than 24 hours.

Law Enforcement Officer means the director, a deputy director of enforcement, a chief of enforcement, a deputy chief of enforcement, an environmental police officer and a deputy environmental police officer of the office of environmental law enforcement, the registrar or an authorized agent thereof, a police officer, a member of the state police, a city or town police officer or an employee of the commonwealth having police powers on public lands.

Municipal Permitting Authority means the chief of a municipal police department or their designee or the municipal official responsible for public safety.

Nighttime means that period of time from sunset to sunrise as determined by the chart in 323 CMR 2.02 under the definition of nighttime in 323 CMR 2.00: The Use of Vessels affecting motorboats and boating.

Office means the Office of Law Enforcement, also known as the Massachusetts Environmental Police.

Operate means to ride in or on and control the operation of, or to maintain, suffer, supervise or permit the operation of, or to push a snow vehicle or a recreation vehicle.

Recreation Utility Vehicle or Utility Vehicle means a motorized flotation tire vehicle with not less than four and not more than six low pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control.

Recreation Vehicle or Off-highway Vehicle means any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure while not being operated on a public way as defined in M.G.L. c. 90 including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes, recreation utility vehicles and all registered motor vehicles while not being operated on a public way as defined in M.G.L. c. 90; provided, however, that recreation vehicles and off-highway vehicles operated exclusively for agricultural, forestry, lumbering or construction purposes shall not be subject to M.G.L. c. 90B and it shall be an affirmative defense that such vehicle was being operated for such purposes at the time of an alleged violation of M.G.L. c. 90B.

Snow Vehicle means a motor vehicle designed to travel over ice or snow, having a curb weight of not more than 453 kilograms or 1,000 pounds, driven by track or tracks in contact with the snow or ice and steered by a ski or skis in contact with the snow or ice.

Unsafe Condition for the purposes of 323 CMR 3.06 means:

(a) the recreation or snow vehicle is not displaying lights at nighttime;

(b) the recreation or snow vehicle has a fuel leakage;

(c) the person operating the recreation or snow vehicle or each person aboard such vehicle is not wearing the protective headgear required by M.G.L. c. 90B, § 26;

(d) the operator is operating underage in violation of 323 CMR 3.03(1).

(e) the operator is operating under the influence of intoxicating liquor or narcotic drugs, barbiturate or marijuana;

(f) the recreation or snow vehicle is being used in a manner which presents a substantial risk of injury or loss of life;

(g) the recreation vehicle is not equipped with a spark arrestor;

(h) the recreation vehicle or snow vehicle is being operated on a way as defined in M.G.L. c. 90, § 1.