Bill Text: MA H3886 | 2009-2010 | 186th General Court | Introduced
Bill Title: Establish within the Executive Office of Energy and Environmental Affairs an off-highway vehicle advisory committee
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 3/9 at 1:00 PM in Hearing Room B2 [H3886 Detail]
Download: Massachusetts-2009-H3886-Introduced.html
The Commonwealth of Massachusetts
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PRESENTED BY:
William Smitty Pignatelli
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act regulating recreation and all terrain vehicles.
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PETITION OF:
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Name: |
District/Address: |
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William Smitty Pignatelli |
4th Berkshire |
|
Kay Khan |
11th Middlesex |
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Brian P. Wallace |
4th Suffolk |
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Stephen Kulik |
1st Franklin |
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Paul McMurtry |
11th Norfolk |
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act regulating recreation and all terrain vehicles.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 21 of the General Laws, as so appearing is hereby amended by inserting after section 18A, the following new sections:-
Section 18B. There is hereby established within the executive office of energy and environmental affairs a state off highway vehicle advisory committee. The committee shall advise the secretary and the department of conservation and recreation, the department of fish and game, the department of environmental protection, and the office of environmental law enforcement within said executive office on matters involving the commonwealth’s regulation of off highway vehicles, including the development and enforcement of state regulations and policies, safety and training programs, and the distribution of available state funding. The secretary shall appoint the members of the committee, which shall consist of 12 members. Of the committee members, 3 shall be representatives off highway vehicle users; 1 shall be a representative of the off highway vehicle manufacturers and dealers; 1 shall be a representative of the Specialty Vehicle Institute of America (SVIA); 1 shall be a representative of child safety advocates associated with the use of off highway vehicles; 1 shall be a representative of The Snowmobile Association of Massachusetts; 1 shall be representatives of a nonprofit organization that owns and manages land open to the public for non-motorized use; 1 shall be representatives of an organization that owns and/or manages land opened to motorized use; 1 shall be a representative of an association or organization of large private land owners; and 2 shall be representatives of state and local law enforcement authorities. Each appointee shall serve without compensation for a term of 3 years. The committee shall select a chairperson annually by a majority vote of the members. The committee shall meet at least twice each year, and shall also meet at the request of the secretary or committee chairperson. The minutes of each meeting shall be transmitted in a timely fashion to the joint committee on environment, natural resources and agriculture.
Section 18C. (1) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Off Highway Vehicle Program Fund. There shall be credited to the fund all fees, fines, costs, expenses and interest imposed pursuant to sections 21 to 32, inclusive, of chapter 90B and any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, any appropriation or grant explicitly made to the fund, and any income derived from the investment of amounts credited to the fund.
(2) All amounts credited to the fund may be expended, without further appropriation, by the executive office of energy and environmental affairs and its office of environmental law enforcement, department of conservation and recreation, department of fish and game, and department of environmental protection for the following purposes:
(a) the enforcement of statutes, regulations, and policies applicable to off-highway vehicles; A maximum of 25%, unless by 2/3 vote or greater the state off highway vehicle advisory committee authorizes expenditures above such level.
(b) the acquisition of land for use as commonwealth-approved trails and facilities for off-highway vehicles or for the development, maintenance, repair or restoration of said commonwealth-approved trails and facilities; A minimum of 40%, unless by 2/3 vote or greater the state off highway vehicle advisory committee authorizes expenditures below such level.
(c) for grants made by the department of conservation and recreation to municipalities and other public entities for the purposes of subsection (a) and (b);
(d) the development and administration of safety and training programs; A maximum of 35%, unless by 2/3 vote or greater the state off highway vehicle advisory committee authorizes expenditures above such level.
(3) Monies that are deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years
SECTION 2. Chapter 21A of the General Laws is hereby amended by striking out section 11 and 12 appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
There is hereby established within the office of law enforcement an advisory board to be designated as the boating and recreational vehicle safety advisory board. The board shall consist of 7 members to be appointed by the governor, 2 of whom shall be representative of the boating public each of whom shall hold a certificate of number issued pursuant to section 3 of chapter 90B, 1 of whom may represent the harbormaster’s association; 2 members shall represent the recreational boating business, 1 of whom shall operate a boat dealership; 1 member shall represent a snowmobile or all-terrain vehicle dealership; 1 member shall represent the snowmobile users; and 1 member may represent the all-terrain vehicle users. Each member shall serve for a term of 3 years. The chairman of the board shall be appointed, from the 7 members, annually by the governor, and in the absence of same shall be designated by the director. Board members shall be appointed or reappointed for terms of 3 years. The boating and recreational vehicle safety advisory board shall meet at least quarterly and 4 members in attendance shall constitute a quorum. The chiefs of enforcement of the coastal enforcement bureau and the inland enforcement bureau established under section 6 of chapter 21, or their designees, shall attend all meetings of said board and shall provide such information as said board shall request. Said board shall review the budgetary recommendations of the director and the secretary of the executive office of environmental affairs concerning the expenditure of federal funds allocated to the division for recreational boating safety each fiscal year prior to the submission of such recommendations to the secretary or the governor, as the case may be. In the event said board disapproves of any such recommendation it may file a report noting its objection and such report shall be transmitted to the governor and to the house and senate committees on ways and means.
SECTION 3. Chapter 20 of chapter 90B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the definition of “recreational vehicle” and inserting 4 definitions:-
“Recreation Vehicle”, “off-highway vehicle”, “off-road vehicle”, any motor vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way as defined in chapter 90, including but not limited to, all terrain vehicles, off highway motorcycles, dirt bikes, recreation utility vehicles, utility vehicles, and all legally registered motor vehicles while not being operated on a public way as defined in chapter 90, but recreation vehicles, off highway vehicles and off road vehicles that are being operated for agricultural, forestry, snow removal, lumbering or construction purposes shall not be subject to this chapter and it shall be an affirmative defense that such vehicle was being operated for such use at the time of an alleged violation.
“Recreation utility vehicle” or “utility vehicle”, a motorized flotation tire vehicle with not less than 4 and not more than 6 low pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control. “All Terrain Vehicle (ATV), a motorized recreational vehicle designed to travel on four low pressure tires having a seat designed to be straddled by the operator and handlebars for steering control. “Snow vehicle”, a motor vehicle designed to travel over ice or snow, having a curb weight of note more than 453 kilograms or 1,000 pounds, driven by track or tracks in contact with the snow or ice and steered by a ski or skis in contact with the snow or ice.
SECTION 4. Said chapter 90B of said General Laws, is further amended by striking out section 21, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
Section 21. No person born after January 1, 1990 shall operate a recreation vehicle
unless he has successfully completed a recreation vehicle safety and responsibility course
approved by the director of the office of environmental law enforcement. Such course shall include, but not be limited to, notification of the potential criminal penalties for certain violations of law relative to the safe operation of snow vehicles and recreation vehicles. A parent or the legal guardian of an operator of recreation vehicles under 16 years of age shall also participate in the safety and responsibility course. Proof of the successful completion of the recreation vehicle safety and responsibility course shall be carried on the person of the operator while operating a recreation vehicle. Proof of an operator’s successful completion of another state’s equivalent recreation vehicle safety and responsibility course shall be valid in the commonwealth.
SECTION 5. Said chapter 90B of said General Laws, is further amended by striking out section 22, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
Section 22. No person shall operate a snow vehicle or a recreation vehicle unless such vehicle has been registered in accordance with this chapter and such registration number is displayed on such vehicle. Application for registration of a snow vehicle or a recreation vehicle shall be made by the owner to the director or his agent on such forms as the director shall prescribe and shall state the name and address of the owner of such vehicle. It shall be illegal to knowingly make any false statement in an application for registration of a snow vehicle or recreation vehicle. Upon receipt of the application and the appropriate fee, as hereinafter, provided such vehicle shall be registered and a registration number assigned which shall be affixed to said vehicle in such manner as the director shall prescribe. Such registration shall be valid for a period ending two years from the date of issuance, unless surrendered, suspended or revoked. The director shall issue a certificate of registration to each such owner on such form as he shall prescribe. Each such owner shall notify the director in writing within 30 days after any change has occurred in the name and address appearing on said registration certificate. No registration issued for any such vehicle may be loaned by any person to another, nor may such registration be transferred except upon application to the director upon such forms as he shall prescribe. Every person operating a snow vehicle or a recreational vehicle shall have the certificate of registration therefore upon his person or in the vehicle, in some easily accessible place, and upon demand shall show the same to a law enforcement officer or to the owner of any land on which he is operating said vehicle. Any person authorized to issue registration certificates for snow vehicles, recreational vehicles, and vessels who is not employed by the commonwealth, may charge the applicant an administrative fee in addition to the required registration fee. Said administrative fee shall not exceed $1.50 per registration issued. The fee for initial registration of each such vehicle and for each renewal thereof, other than vehicles for which application is made by a manufacturer or dealer as hereinafter provided, shall be determined annually by the commissioner of administration under section 3B of chapter 7, except that no fee shall be collected for the registration of any such vehicle which is owned by the commonwealth or any political subdivision thereof, or used exclusively for: agricultural, forestry, snow-removal, lumbering, construction purposes, or on private property in a manner consistent with section 25E.
Application for a manufacturer’s or dealer’s registration shall be made to the director in such form as the director shall prescribe and shall state the name and address of the manufacturer or dealer. Upon receipt of the application and the appropriate fee as hereinafter provided, the director shall forward to the manufacturer or dealer a certificate of registration and such registration numbers as the director may approve, one of which shall be affixed to each snow vehicle or recreation vehicle being operated by or with the express or implied consent of said manufacturer or dealer. The fee for initial registration of recreation vehicles or snow vehicles owned by or under the control of a manufacturer or dealer and for each renewal thereof shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The fee for the registration of each snow vehicle or recreational vehicle of a nonresident shall also be determined by the commissioner of administration. Such registration and each renewal thereof shall be valid for a period ending 1 year from the date of issuance or renewal, unless surrendered, suspended or revoked.
SECTION 6. Said chapter 90B is hereby further amended by striking out section 24, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
Section 24. . Except for snow vehicles manufactured prior to July 1, 1972 each snow vehicle and each recreation vehicle shall be equipped with one or more headlights, a red rear light, a rear brake light, a red rear reflector, and adequate muffler, and such safety equipment as may be required by the director. Each such vehicle shall be capable of decelerating in a reasonable manner. Any sled or trailer attached to any such vehicle shall also be equipped with a red rear reflector. All such equipment shall conform to such specifications as the registrar of motor vehicles shall prescribe; provided, however, that the requirements for lighting, as set forth in this paragraph, shall not apply to category Y - all terrain vehicles, so-called; and provided, further, that said registrar in such specifications shall define said category Y - all terrain vehicles in a manner which shall be consistent with the American National Standards Institute Standard ANSI/SVIA I - 1990. No snow vehicle or recreation vehicle manufactured after January 1, 1998 shall be sold, offered for sale, or operated that produces a sound pressure level of more than 96 dba when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J1287 JUL98 or with such other test procedure for measurement of sound pressure levels as the registrar of motor vehicles may adopt.. No owner or operator of a snow vehicle or a recreation vehicle involved in a collision, accident or other such casualty resulting in death or injury to a person or damage to property in excess of $250 shall fail to notify a law enforcement officer immediately and file a report of the incident with the division within 48 hours, on forms prescribed by the director.
SECTION 7. Section 25 of said chapter 90B, as so appearing, is hereby amended by striking out the third and fourth paragraphs and inserting in place thereof the following paragraphs:- No person under the age of 18 shall operate a snow vehicle or a recreation vehicle across or on a public way unless the operator holds a valid license or right to operate a motor vehicle or is directly supervised as defined in section 25B. An operator of a snow vehicle or a recreation vehicle that meets the requirements of the preceding paragraph may, after coming to a full stop, cross, as directly as possible, a public way, except a controlled access highway, providing that the snow vehicle or recreation vehicle operator shall make the crossing safely and without interfering with the free movement of vehicular traffic. The operator of a snow vehicle or a recreation vehicle shall yield the right of way to all other vehicular traffic when making such crossing.
Whenever it is otherwise impractical to gain immediate access to an area adjacent to a public way where a snow vehicle or a recreational vehicle is to be operated, said snow vehicle or a recreational vehicle may be operated adjacent and parallel to the travelled portion of such public way for the purpose of gaining access to the area of operation. Except as herein provided, no snow vehicle or a recreational vehicle shall be operated on the main traveled portion of a way, or on that portion of a way that has been plowed or on a snow bank immediately adjacent to the plowed portion of the way.
SECTION 8. Said chapter 90B of the General Laws is hereby amended by inserting, after section 25, the following sections:-
Section 25A. No person shall operate or ride in or on a recreation vehicle or a snow vehicle, or a sled attached thereto, without wearing protective headgear that conforms to such minimum standards for construction and performance as the registrar of motor vehicles may prescribe.
Section 25B. Operation of an all terrain vehicle or recreational vehicle by persons under the age 16 shall be regulated in a manner which shall be consistent with the American National Standards Institute Standard ANSI/SVIA guidelines. No person under the age of 16 years of age shall operate an all terrain vehicle or recreation utility vehicle unless directly supervised by an adult that is 18 years of age or older. For the purposes of this section, “direct supervision” shall mean that the supervising adult shall be sufficiently close to an operator at all times that the vehicle is in operation, such that a reasonable person under the totality of the circumstances including, but not limited to, vehicle and ambient noise, the landscape and geography of the location, and the operator’s wearing of protective headgear, would believe that he is maintaining visual contact and verbal or visual communication with the operator.
Section 25C. No owner of a snow vehicle or a recreation vehicle or other person shall knowingly permit a person under18 years of age to operate a snow vehicle or a recreation vehicle in violation of this chapter.
Section 25D. Whoever violates section 25 to 25C, inclusive, or section 26B shall be punished, for a first offense, by a fine of $100 and for a second or subsequent offense by a fine of not less than $250 nor more than $500.
Section 25E. No person shall operate a snow vehicle or a recreation vehicle on privately owned property, 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 said 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 said vehicles on such property has been granted; or (c) the owner or lessee of such property has designated the area for use by said vehicles by posting reasonable notice of such designation.
Section 25F. No person shall operate a snow vehicle or a recreation vehicle in a manner that harasses or otherwise harms wildlife. No person shall operate a snow vehicle or a recreation vehicle in a manner that causes damage to public or private property.
Section 25G. No person 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. This subsection shall not apply to a law enforcement officer or other person authorized to carry arms as specifically described in section 32, or a paraplegic as provided in section 65 of chapter 131.
Section 25H. No person shall collide with or otherwise cause injury to any other snow vehicle or recreation vehicle or property of another.
Section 25I. No person shall use a snow vehicle or a recreation vehicle without authority knowing that such use is unauthorized.
Section 25J. Whoever violates sections 25E to 25I, inclusive, shall be punished by a fine of not less than $150 nor more than $1,000, or by imprisonment in the house of correction for not less than 30 days nor more than 6 months, or by both such fine and imprisonment.
SECTION 9. Said chapter 90B, as so appearing, is hereby further amended by striking out section 26, and inserting the following new section:-
Section 26A. Whoever operates a snow vehicle or a recreation vehicle and, without stopping and making known his name, residence and the registration number of his snow vehicle or recreation vehicle, goes away after knowingly colliding with or otherwise causing injury to any other snow vehicle or recreation vehicle or property; provided that the injury to property exceeds $500 in damage, shall be punished by a fine of not less than $250 nor more than $1,000 or by imprisonment for not less than 60 days nor more than 6 months, or by both such fine and imprisonment.
Section 26B. No person operating or in control of a snow vehicle or recreation vehicle shall refuse to stop such vehicle after having been requested or signaled to do so by an law enforcement officer. No such person shall refuse to give his true and correct name, address and registration number to such officer.
Section 26C. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this section if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons.
Section 26D. Whoever operates a snow vehicle or a recreation vehicle and goes away after knowingly colliding with or otherwise causing injury to any person without stopping and making known his name, residence and the registration number of his snow vehicle or recreation vehicle, shall be punished by a fine of not less than $500 but not more than $1,000 and imprisonment for not less than 2 ˝ years in the house of correction or imprisonment in the state prison for not less than 5 years.
Section 26E. Whoever operates a snow vehicle or a recreation vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation causes serious bodily injury, shall be punished by imprisonment in the house of correction for not more than 2 ˝ years or in the state prison for not than 5 years and by a fine of not more than $5,000, or by both such fine and imprisonment. For the purposes of this section “serious bodily injury” shall mean bodily injury which creates a substantial risk of death or which involves either total disability or the loss or substantial impairment of some bodily function for a substantial period of time.
Section 26F.
Whoever operates a snow vehicle or a recreation vehicle recklessly, or negligently so that the lives or safety of the public might be endangered, and by any such operation causes the death of another person, shall be punished by imprisonment in a the house of correction for not less than 30days nor more than 2 ˝ years or by a fine of not less than $300 not more than $5,000 or imprisonment in the state prison for not less than 5 years not more that 10 years and a fine of $5,000, or by both such fine and imprisonment.
Section 26G. Notwithstanding section 28, upon conviction of a violation of sections 26D to 26F inclusive, the registrar shall immediately suspend the operator’s license or right to operate a motor vehicle and the director shall revoke the registration of any snow vehicle or recreation vehicle issued to such person. The registrar may after an investigation or upon hearing, issue a new license or reinstate the right to operate and the director may issue a new snow vehicle or recreation vehicle registration number to a person so convicted of said sections 26D to 26F inclusive; provided, that no such license, right to operate or registration shall be issued or reinstated by the registrar or director to any person so convicted delinquent by reason of said sections 26D or 26E until 1 year after the date of suspension or revocation following his original conviction if for a first offense or until 2 years after the date of suspension or revocation following any subsequent conviction, or to any person convicted of delinquent by reason of section 26F until 5 years after the date of suspension or revocation following his original conviction if for a first offense or until 15 years after the date of suspension or revocation following any subsequent conviction; provided, however, that a person who’s license or right to operate was suspended due to a conviction of 26D may, after the expiration of 3 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical 12 hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 6 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. If the person so convicted is under 17 at the time of such conviction and has not been issued a license or right to operate or a snow vehicle or recreation vehicle registration number, neither the registrar nor director shall issue such license or right to operate a motor vehicle or a snow or recreation vehicle registration until the time periods provided in the previous paragraph have passed and such time period shall not commence to run until such person reaches 16 years of age for purposes of issuance of a right to operate a motor vehicle and 16 ˝ for purposes of issuance of a license to operate a motor vehicle.
SECTION 10. Chapter 30B, as so appearing, is further amended by striking out section 29 and inserting the following section:-
Section 29. The director of the division of law enforcement in the executive office of energy and environmental affairs shall, within 180 days of the effective date of this act amend regulations of such division that are inconsistent with this act. The director of the division of law enforcement in the executive office of energy and environmental affairs shall, after consultation with the state off highway advisory committee and a public hearing, promulgate regulations consistent with this chapter.
SECTION 11. Section 32 of said chapter 90, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The provisions of sections 21 to 34, inclusive, and all the rules and regulations made under the authority thereof shall be enforced by the director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers of the office of environmental law enforcement, executive office of energy and environmental affairs, registrar or his authorized agents, police officers, fish and game wardens as defined in section 1 of chapter 131, members of the state police, and city and town police officers or employees of the commonwealth having police powers on public lands; provided that any investigation, arrest or decision to seek application for complaint relative to a violation of sections 26B to 26F, inclusive, shall be executed by a law enforcement officer who has successfully completed minimum training requirements for the enforcement of such sections as determined by the secretary of public safety and security. Such officers may, in the performance of their duty, enter upon and pass through or over private lands or property.
SECTION 12. Chapter 90B of the General Laws is further amended by striking out sections 34 and 35 and inserting in place thereof the following sections:-
Section 34. Whoever violates any provision of sections 21 to 24, inclusive, or any rule or regulation made thereunder, shall be punished by a fine of not less than $50 nor more than $250. Whoever violates any provision of sections twenty-one to twenty-four, inclusive, or any rule or regulation made thereunder more than once within twenty four months shall be punished by a fine of not less than $250 nor more than $500 or imprisonment for not less than thirty days nor more than one year, or both such fine and imprisonment.
Section 35. All fees collected by the commonwealth pursuant to the fourth paragraph of section 10H of chapter 21A and sections 21 to 32, inclusive shall be deposited into the Off Highway Vehicle Program Fund, established by section 18C of said chapter 21A.
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