Current through Register 1518, March 29, 2024
(1)
Age Limits and Engine Capacity.
(a) No person younger than 18 years of age shall operate a recreation vehicle unless he has successfully completed a recreation vehicle safety and responsibility course approved by the Director. Proof of course completion shall be carried on the person when operating such recreation vehicle. A parent or legal guardian of an operator of a recreation vehicle younger than 16 years of age shall participate in at least one session of the recreation vehicle safety and responsibility course or as required by the director.
(b) No person younger than 14 years of age shall operate a recreation utility vehicle or an all terrain vehicle, except as provided in 323 CMR 3.03(1)(e).
(c) A person between 14 and 16 years of age may operate an all-terrain vehicle or recreation utility vehicle with an engine capacity equal to or less than 90 cubic centimeters if directly supervised by a person 18 years of age or older.
(d) No person between 14 and 16 years of age shall operate an all-terrain vehicle or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters.
(e) A person, between the ages of ten and 14, may operate while directly supervised a recreation vehicle or snow vehicle in preparation for, or while a participant in, a sanctioned race, rally or organized event which is supervised by a person aged 18 or older and which has been authorized or approved by a municipal permitting authority. A person between ten and 14 years of age may not operate an all-terrain vehicle or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters.
(f) No person younger than ten years of age shall operate a snow vehicle or recreation vehicle except that:
1. a person under ten years of age may operate an age and size appropriate dirt bike while directly supervised in preparation for, or while a participant in, a sanctioned race, rally or organized event which is supervised by a person aged 18 or older and which has been authorized or approved by a municipal permitting authority. When preparing for such race, rally or organized event, operation by a person under ten years of age shall be limited to private property.
2. a person under ten years of age may operate an age and size appropriate snow vehicle while directly supervised on land on which the operator is domiciled, but in no circumstance with a stock engine capacity greater than 150 cubic centimeters.
(g) No person aged 18 years of age or older shall knowingly permit another, who is younger than 18 years of age, to operate a snow vehicle or recreation vehicle in his custody or under his control in violation of M.G.L. c. 90B.
(h) Any person 18 years of age or older with custody or control of a snow vehicle or recreation vehicle, who knowingly permits another, who is younger than 18 years old, to operate such vehicle shall be held liable, jointly and severally with the operator, for any damage or injuries caused by such operator's operation of the vehicle and for any fines, penalties or restitution resulting therefrom.
(2)
Property Owner Permission.
(a) No person shall operate a snow vehicle or a recreation vehicle on privately-owned property, unless:
1. the operator is the owner or lessee or an immediate family member of the owner or lessee of the property;
2. the operator has in his possession either a document, signed by the owner or lessee of such property or his agent, authorizing the operation of such a vehicle on the property by the operator or valid proof of current membership in a club, association or other organization to which express authorization for the operation of such vehicles on the property has been granted; provided, however, that such operation shall be consistent with the express authorization granted and any restrictions imposed therewith; or
3. the owner or lessee of the property has designated the area for use by such vehicles by posting reasonable notice of such designation in a manner approved by the director.
(b) No person shall operate a snow vehicle or recreation vehicle on publicly-owned property except on trails marked and designated for use by such vehicles, or without the express permission of the owner.
(3)
Distance from Residences. No person shall operate a snow vehicle or recreation vehicle within 150 feet of an occupied residence without the permission of the owner, his or her agent or lessee of such residence, except in cases of emergency, when directly departing or returning to such residence or when operating on the property of another for which permission has been granted. Permission may be given to an individual, club, association or other organization.
(4)
Speed. No person shall operate a snow vehicle or recreation vehicle at a speed greater than is reasonable, prudent, proper and safe under all the existing circumstances.
(5)
Passing. The operator of a snow vehicle or recreation vehicle, when approaching a skier, snow shoer, hiker or other foot traveler or a horseback rider, shall immediately slow his vehicle to minimum safe operating speed, shall give such person the right of way, shall not pass until it can be accomplished with complete safety, and shall not accelerate the vehicle until there is a reasonable distance of not less than 50 feet from such person. Wherever possible, all snow and recreation vehicles shall keep to the right side of trails.
(6)
Snow Cover. No person shall operate a snow vehicle on any public land where such operation is otherwise permitted by the agency in charge thereof, unless such land is covered by snow to a minimum average depth of four inches of packed snow or such other depth as is determined by the person in charge of said land or his designee to be sufficient to preserve the ground cover.
(7)
Protection of Property. No person shall operate a snow vehicle or a recreation vehicle in a manner that causes damage to public or private property including, but not limited to, lands owned or managed by the department of conservation and recreation or the division of fisheries and wildlife, wetlands or other waters of the commonwealth, priority habitats delineated as such by the division of fisheries and wildlife pursuant to M.G.L. c. 131A, lands used for public water supply purposes or historic or archaeological sites. The operator of a snow vehicle or recreation vehicle when on land of another shall not, without the permission of the owner, remove or deface any sign, vegetation, poster, building or other property, or remove any barrier or alter any fence without restoring or replacing said barrier or fence.
(8)
Protection of Wildlife and Habitat.
(a) No person shall operate a snow vehicle or recreation vehicle in a manner so as to harass, chase or otherwise harm deer or any other wildlife or operate said vehicle within 300 yards of a deer yard. The Director of the Division of Fisheries and Wildlife may designate and post, on public or private land, deer wintering areas or other wildlife protection areas and no snow or recreation vehicle shall be operated within those areas.
(b) No person shall operate a snow vehicle or recreation vehicle in a reforested or planted area in a manner that causes damage to growing stock.
(c) No person shall operate a snow vehicle or a recreation vehicle in a manner that causes damage to public or private property.
(9)
Protection of Ocean Beaches and Sand Dunes. No person shall operate a snow vehicle or recreation vehicle on an ocean beach or sand dune in a manner so as to destroy, damage or breakdown any beach, dune or dune grass.
(10)
Failure to Stop. No person operating or in control of a snow vehicle or a recreation vehicle shall refuse to stop such a vehicle after having been requested or signaled to do so by a law enforcement officer. No such person shall refuse to give his correct name, address, and registration number to such officer.
(11)
Firearms. No person shall carry a firearm, rifle or shotgun in or on a snow vehicle or recreation vehicle or on a trailer or sled attached thereto unless such firearm, rifle or shotgun is unloaded and in an enclosed case. 323 CMR 3.00 shall not apply to a law enforcement officer or to a paraplegic as provided in M.G.L. c. 131, § 65.
(12)
Registration.
(a) No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has been registered in accordance with M.G.L. c. 90B and a registration number assigned by the Director is displayed on the vehicle.
(b) No person shall operate a snow vehicle or recreation vehicle after the registration has been suspended or revoked.
(13)
Noxious Fumes or Excessive Noise.
(a) No snow vehicle or recreation vehicle shall be operated which emits noxious fumes or makes unusual or excessive noise using test procedures established by the Society of Automotive Engineers under Standard J1287 JUL98.
(b) No snow vehicle or recreation vehicle manufactured on or after January 1, 1998, shall be sold, offered for sale or operated that produces a sound pressure level of more than 96 decibels when measured from a distance of 20 inches.
(c) No snow vehicle or recreation vehicle manufactured prior to January 1, 1998, shall be offered for sale or operated that produces a sound pressure level of more than 101 decibels when measured from a distance of 20 inches.
