New requirements for ATV, OHV riders

As of Feb. 1, new off highway vehicles regulations require operators under the age of 18 to take an approved safety course. Parents of children with ATVs, OHVs, dirt bikes and quad operators under the age of 16 are required to attend one mandatory safety course session.

Under the new Massachusetts law, no person under 10 years old may operate any off-highway vehicle under any circumstances. No person between 10 and 14 years old may operate an all-terrain vehicle or recreation utility vehicle except while preparing for or participating in a sanctioned race, rally or organized event. No person age 14 to 16 years old may operate an all-terrain or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters, and no one between 14 or 16 years old may operate an all-terrain or recreation utility vehicle without direct supervision by an adult.

Massachusetts Environmental Police will enforce increased safety requirements for minor operators and stiffer penalties for illegal off-highway vehicle operation. Supervising adults must be at least 18 years old and must be sufficiently close to the operator at all times to maintain both visual contact and verbal communications with the operator. No one under the age of 16 and a half may operate a recreation vehicle across a public way unless directly supervised by an adult.

OHV users must have a training safety class with an earned certificate. Legislation signed in August 2010 (Ch. 202 of the Acts of 2010) brings significant changes to Massachusetts Recreation Vehicle Laws. Among the new provisions are educational requirements for young riders, age restrictions for operators of ATV's and UTV's, increased penalties for illegal use and the establishment of an OHV program fund to support improved riding opportunities and law enforcement. This brochure provides a brief overview of the substantive change to MGL c 90B as it pertains to recreation and snow vehicles. Http://www.mass.gov/Eoeea/docs/eea/ohv/materials/OHV-Pamphlet.pdf. 

The following are examples of prohibited operation of ORVs (Off Road Vehicles):

--Operating on trails or in state forest/parks not designated for ORV use.

--Operating on public ways or upon the right-of-way limits of a controlled access highway-this includes all roads (dirt or paved) within state forests.

--Failure to come to a complete stop when crossing a public way (ORV rider must yield to motor vehicle traffic).

--Operating so as to endanger any person or property.

--Operating at an unreasonable, improper, or unsafe speed for existing conditions.

--Operating before sunrise or after sunset within state forest lands.

--Operating under the influence of drugs and alcohol.

--Operating on land of another within 150 feet of an occupied residence without permission of the owner.

--Operating within 150 feet of an occupied residence without permission of the owner.

--Operating in a manner so as to harass or chase wildlife or domestic animals.

--Operating on a wetland such as a bog, marsh, or swamp so as to destroy or damage the wetland.

--Carrying of a firearm, rifle or shotgun in or on a recreation vehicle or on a trailer or sled attached, unless the firearm is unloaded and in an enclosed case.

--Carrying passengers on any ORV unless manufactured for the driver and one passenger.

--Emitting noxious fumes and excessive noise.

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