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An Act Regulating the use of Off-Highway and Recreation Vehicles

 
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An Act Regulating the use of Off-Highway and Recreation... - 8/23/2010 10:47:12 AM   
Bigred460


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Finally been able to see the final version to read. Click on link to NETRA then download from there.

http://www.netra.org/public/viewnews/307

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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/23/2010 12:01:00 PM   
Brian VT


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Cliff notes ? Is there a lawyer in the house ?
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/23/2010 12:35:14 PM   
Bigred460


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The premise of the legislation was regarding age restrictions but much more is in the law.

A fund will be set up utilizing the registration fees of OHV's and also 75 cents of every dollar received from fines, penalties etc will be put into the fund. The funds will be used for trail maintenance, land acquisition and enforcement.

Penalties were sharply increased in this law, including fines, vehicle seizures, loss of license/registration and jail time.

Not good news for our young riders, defiantly making it much harder to participate in this healthy sport that we all love.
If you are under 16 and a half, can't even CROSS a road without being with someone over 18.

< Message edited by Bigred460 -- 8/23/2010 12:43:00 PM >


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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/23/2010 2:16:29 PM   
Dav5049915

 

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quote:

ORIGINAL: Bigred460


A fund will be set up utilizing the registration fees of OHV's and also 75 cents of every dollar received from fines, penalties etc will be put into the fund. The funds will be used for trail maintenance, land acquisition and enforcement.



and 90% of that revenue generated goes towards paying the enforcement side of that. :(
Post #: 4
RE: An Act Regulating the use of Off-Highway and Recrea... - 8/23/2010 2:41:13 PM   
Brian VT


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quote:

ORIGINAL: Bigred460
A fund will be set up ...

Don't they usually find a way to funnel the money into the general fund ?
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/23/2010 2:57:35 PM   
Bigred460


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quote:

ORIGINAL: Brian VT

quote:

ORIGINAL: Bigred460
A fund will be set up ...

Don't they usually find a way to funnel the money into the general fund ?


Reg. fees have been going into the general fund for many years, looks like that's going to change now. I believe NETRA was instrumental in getting that language in the bill.

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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/24/2010 12:05:53 PM   
Bigred460


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The way I'm reading this, sleds will need reg. numbers on the hood now:

quote:

SECTION 8. Section 22 of said chapter 90B, as so appearing, is hereby amended by striking
out the first paragraph and inserting in place thereof the following 2 paragraphs:-
No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has been
registered in accordance with this chapter and a registration number assigned by the director is
displayed on the vehicle. The registration number shall be painted or by means of a decal or
sticker which is firmly attached to both sides of the cowling of the vehicle and located so that
both are clearly visible and not obstructed. The registration number displayed shall be not less
than 3 inches in height and not less than one-half inch in width and shall be in a color that is in
marked and distinct contrast to the background to which the number is applied.
The registration
number shall be maintained in a legible condition at all times.


< Message edited by Bigred460 -- 9/30/2010 12:38:14 PM >


_____________________________

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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/24/2010 11:11:30 PM   
dirtridernh

 

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Reg numbers on hood of sleds , just like N.Y. and those numbers stay with the sled for life , just like boats .
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/26/2010 11:22:39 AM   
bobdea

 

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pardon my lack of legalese but is there a resource of what is and isn't legal for people under 18 to do that's translated in to something the common man can read?
I have kids that ride so this is sort of a big deal.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/26/2010 11:52:06 AM   
Bigred460


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quote:

ORIGINAL: bobdea

pardon my lack of legalese but is there a resource of what is and isn't legal for people under 18 to do that's translated in to something the common man can read?
I have kids that ride so this is sort of a big deal.


The NEW age restrictions apply to ATV's not dirtbikes or sleds.

Under 14 years old NO ATV riding unless for racing.
14-16 years old ATV's 90 cc's or less under direct supervision of a person 18 or older.

_____________________________

Government does not solve problems; it subsidizes them.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/26/2010 12:32:38 PM   
bobdea

 

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cool, so, my kids that are 9 and and younger are fine to ride a PW or small XR or something.

does this bill really effect dirt bikes at all?
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RE: An Act Regulating the use of Off-Highway and Recrea... - 8/26/2010 3:19:57 PM   
Bigred460


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quote:

ORIGINAL: bobdea

cool, so, my kids that are 9 and and younger are fine to ride a PW or small XR or something.

does this bill really effect dirt bikes at all?



Yes no one under the age of 16 1/2 can CROSS a public way without being supervised by someone 18 or older (that includes bike, sleds and ATV's)


A fund will be set up for trail maintenance and enforcement.
Beefed up fines, property forfeiture, license/registration loss and imprisonment.
Sections specifically address illegal riding, evading police, and operating under the influence, etc.

Print out a copy, it's not to bad to read, they packed a lot into this law.

_____________________________

Government does not solve problems; it subsidizes them.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 9/15/2010 9:13:42 PM   
Woodsrat

 

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To clarify, based on my reading, no unlicensed rider under the age of 18 may ride across a public road without adult supervision. One may still cross the road by pushing. I suspect that this is existing law anyway.

Any rider of an ATV or dirt bike under the age of 18 will have to take a state-approved rider education course to ride anywhere in the state, public or private. If the youth is under the age of 16, the parent must also take at least part of this course. The youth will be given a certificate which he or she must carry while riding. Not clear when this takes effect, but the state would have to certify which courses are approved first, I would assume. Sanctioned events are an exception, no certificate is required.

At least 25% of the 75% of registration fees and fines which go to the OHV fund, must be spent on trail aquisition and maintenance.

Vehicle confiscation (only applies to certain violations) is based on civil forfeiture, which means that the vehicle is considered the defendant, the vehicle's owner has no or minimal rights, and criminal procedures and evidence requirements may not apply.

Section 13(e) says that to ride on private property that does not belong to one's family, one must have written permission, belong to a club that has written permission, or be riding on property that is specifically posted to allow ORV use. By my reading, that means it is illegal to ride on unposted private property without written permission. This could get technical when it comes to riding on a public way or old town road that has public right of way in the land records, even though the property is private.

There will be an OHV advisory committee that will meet at least twice a year. NETRA, Specialty Vehicle Industry Assn, Snowmobile Assn of MA, and MA Powersports Dealers Assn will each have one representative on the committee.

< Message edited by Woodsrat -- 9/15/2010 9:18:57 PM >
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RE: An Act Regulating the use of Off-Highway and Recrea... - 9/17/2010 10:13:49 AM   
midge41596


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The solution is to ride old ATVs. Law states ATVs have 4 tires, just ride one with 3.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 9/22/2010 10:15:44 AM   
Varmint


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What's up with this part of the bill? Am I reading this incorrectly? Shouldn't there be some trails by now? What am I not getting?

Extracted from the bill...
The Commissioner of Environmental Protection shall evaluate the properties under [his] the commissioner's jurisdiction and the jurisdiction of other state agencies for [their] use by persons operating all-terrain vehicles and, not later than January 1, 2009, shall [make available some of such properties] designate not less than four trails on such properties for such use, all of which shall be not less than five miles in contiguous length. Prior to making any such designation, the commissioner shall hold at least one public hearing, in accordance with the provisions of chapter 54.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 9/23/2010 1:16:59 PM   
Woodsrat

 

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Varmint, sounds like you are talking about Connecticut legislation, the topic of this thread is Massachusetts legislation.
Post #: 16
RE: An Act Regulating the use of Off-Highway and Recrea... - 9/23/2010 4:11:44 PM   
Varmint


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From: Bristol, CT
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quote:

ORIGINAL: Woodsrat

Varmint, sounds like you are talking about Connecticut legislation, the topic of this thread is Massachusetts legislation.


ah yes. I was.
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RE: An Act Regulating the use of Off-Highway and Recrea... - 9/30/2010 12:39:24 PM   
Bigred460


Posts: 1191
Joined: 9/27/2002
From: Foothills of the Berkshires
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quote:

ORIGINAL: Bigred460

The way I'm reading this, sleds will need reg. numbers on the hood now:

quote:

SECTION 8. Section 22 of said chapter 90B, as so appearing, is hereby amended by striking
out the first paragraph and inserting in place thereof the following 2 paragraphs:-
No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has been
registered in accordance with this chapter and a registration number assigned by the director is
displayed on the vehicle. The registration number shall be painted or by means of a decal or
sticker which is firmly attached to both sides of the cowling of the vehicle and located so that
both are clearly visible and not obstructed. The registration number displayed shall be not less
than 3 inches in height and not less than one-half inch in width and shall be in a color that is in
marked and distinct contrast to the background to which the number is applied.
The registration
number shall be maintained in a legible condition at all times.



I just verified this with Mass. EP's. We will once again have to put numbers on our Mass. registered sleds. Supposedly they are going to produce the numbers and send them to us.

_____________________________

Government does not solve problems; it subsidizes them.
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