House OKs age limits for ATV use

Dan Ring

State legislators, reacting to serious accidents in Western Massachusetts and elsewhere in the state involving all-terrain vehicles, are moving to increase the minimum age for operating one of the vehicles and impose other safety measures.

The state House of Representatives on Wednesday voted 141-12 to approve a bill that would hike the minimum age for driving an all-terrain vehicle to 14. The current minimum age is 12, according to a spokeswoman for the state Department of Conservation and Recreation, which regulates the vehicles.

The bill, approved in January by the state Senate, prohibits anyone younger than 14 from operating an ATV, unless it is for a sanctioned race supervised by adults. It also creates penalties and fines for reckless and negligent use, leaving the scene of an accident, and unauthorized use and false registration.

"In the wake of tragic events, this bill will help to keep those who ride ATV's safe from harm," House Speaker Robert A. DeLeo said in a statement. "By banning those under the age of fourteen from operating ATVs, this bill aims to prevent future tragedies and keep our children safe."

Legislators will need to approve a compromise of the House and Senate bills before sending a final bill to Gov. Deval L. Patrick, according to a spokesman for Senate President Therese Murray, D-Plymouth, who championed the bill in the Senate.

Approval of the bill comes after six people were injured this spring when their all-terrain vehicle plunged off a cliff at a state park in South Hadley. The bill was spurred by the 2006 death of Sean Kearney, 8, of Plymouth, who died while riding an all-terrain vehicle unsupervised at a friend's house.

During House debate, Rep. Viriato deMacedo, R-Plymouth, said the average age of a person injured on an all-terrain vehicle is 12.9 years. He said the bill would save lives.

"We are saying that under the age of 14, these vehicles are much too dangerous, too fast and too heavy to maneuver," said deMacedo.

Western Massachusetts was the scene of a major all-terrain vehicle crash on April 4. Six people were injured, at least three seriously, that day when an all-terrain vehicle went off a cliff into a rocky ravine.

Three of the injured people needed to be rescued from the bottom of the cliff.

Local firefighters had to bring each person on a stretcher up a make-shift quarter-mile trail carved through the woods to the top of the cliff where a four-wheel drive rescue vehicle was waiting. It would take 52 firefighters, armed with flashlights, hundreds of feet of rope, blankets and chain saws, to clear the trail.

In August 2008, Casey A. Fennyery, 24, of Agawam, died at Baystate Medical Center in Springfield of injuries suffered when his all-terrain vehicle hit a tree in Robinson State Park about 10:35 p.m. on a Saturday.

The vehicles also cause destruction to woods, wetlands and historic spots, according to a 2008 report by the state Department of Conservation and Recreation. According to the report, 85 percent of managers of state parks reported damage to the parks from all-terrain vehicles, motorized dirt bikes or jeeps.

The House bill bans anyone between the ages of 14 and 16 from operating an ATV with an engine capacity greater than 90 cubic centimeters. The legislation dictates that those between the ages of 14 and 16 years can only operate an ATV under direct adult supervision, according to DeLeo's office.

The bill would impose fines for operating an ATV under the influence of an intoxicating substance. The legislation would also impose fines, imprisonment - or both - for anyone operating an ATV recklessly or negligently and causing serious injury to another individual.

Under the legislation, anyone under the age of 18 would have to complete a recreation vehicle and responsibility course approved by the state Office of Environmental Law Enforcement before operating an ATV. In addition, the parents or legal guardian of an operator under 16 must complete at least one session of the safety course.

The bill prohibits ATVs that emit noxious fumes or make unusual or excessive noise. Further, the legislation prohibits the operation of ATVs in a way that harasses or harms deer or other wildlife.

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Source: http://www.masslive.com/springfield/republican/index.ssf?/base/news-29/1276156399132820.xml&coll=1

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