What are the laws in Massachusetts regarding minors riding ATVs?
Full Question:
My neighbors have 4 wheel gas powered ATV's for adults and kids. One kid riding is 8 years old, plus they are riding close to my residence. Is it not correct that it is unlawful for a child less than 10 years old to ride an ATV? Plus is it right that they cannot ride within 150 feet of a residence (mine) without the permission of that resident (me)? They are being extremely inconsiderate and I need to know if I have my facts correct, or indeed if I am missing something else?
06/02/2009 |
Category: Automobiles |
State: Massachusetts |
#16846
Answer:
I suggest contacting city hall, as there may be local ordinances which may impose additional restrictions other than those imposed by state law. However, I was unable to find such an ordinance at the following link:
http://www.townofpalmer.com/Pages/PalmerMa_Manager/ordinances/Policy%20Handbook%20D2%20%20%2007-17-07.pdf
Please see the following MA statute to determine applicability:
G.L.c. 90B, § 26. Dangerous and prohibited operation; restrictions;
operators license requirement
Section 26.
No one shall operate a snow vehicle or recreation vehicle
with a percentage, by weight, of alcohol in their blood of eight
one-hundredths or greater, or so as to endanger any person or property.
No one shall operate a snow vehicle or a recreation vehicle in a
reforested or planted area in a manner to cause damage to growing
stock.
No one under the age of sixteen and one half years of age shall operate
a snow vehicle or a recreation vehicle across a public highway. No one
under fourteen years of age shall operate a snow vehicle or a recreation
vehicle unless directly supervised by an adult.
Every person operating or riding in or on a recreation vehicle or a
snow vehicle or on a sled attached thereto shall wear protective
headgear conforming with such minimum standards for construction
and performance as the registrar of motor vehicles may prescribe.
No person shall operate a snow vehicle on privately owned property,
except in cases of emergency, unless:
(a) the operator is the owner or
lessee or immediate family member of the owner or lessee of such
property;
(b) 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 a snow vehicle on such 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 snow vehicles on such
property has been granted; provided, however, that such operation shall be
consistent with the express authorization so granted and any restrictions
imposed therewith; or
(c) the owner or lessee of such property has
designated the area for use by such snow vehicles by posting reasonable
notice of such designation in a manner approved by the director.
No one shall operate a snow vehicle or recreation vehicle in a
manner to harass deer or other wildlife.
No one shall operate a snow vehicle or recreation vehicle while
under the influence of intoxicating liquor or narcotic drugs.
No one shall carry a firearm, rifle or shotgun in or on a snow
vehicle or a recreation vehicle or on a trailer or sled attached thereto
unless such firearm, rifle or shotgun is unloaded and in an enclosed
case, unless he is a law enforcement officer or other person authorized
to carry arms as specifically described in section thirty-two, or a
paraplegic as provided in section sixty-five of chapter one hundred
and thirty-one.
A motor vehicle operator's license or learner's permit shall not be
required for the operation of a snow vehicle or a recreation vehicle.
[Amended by 2003, 28, Sec. 33 effective June 30, 2003.]
