dcreel
10-19-2008, 02:07 AM
I was reading my new Dirt Wheels November issue (pg. 46). There is an ad about Massachusetts Senate Bill 2772 which will make it illegal for anyone in the state of Massachusetts under the age of 14 to operate an atv. This includes private and, or public land.
http://www.mass.gov/legis/bills/senate/185/st02/st02772.htm
Section 25B under Section 13
"SECTION 13. Said chapter 90B is hereby further amended by inserting after section 25 the following 7 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. No person under 14 years of age shall operate all terrain vehicle or recreation utility vehicle.
This section shall not apply to any person under 14 years of age operating a recreation vehicle or snow vehicle in a sanctioned race, rally or organized event which is supervised by a person aged 18 or older and has been authorized or approved by any municipal permitting authority. It shall be an affirmative defense to this paragraph that such person was operating such vehicle in preparation for such a sanctioned event, if: such person was so operating such a vehicle while under direct supervision, as defined by section 25C, by a person aged 18 or older; the operation occurred within 21 days of such sanctioned event; and the operator was a registered participant therein or did in fact participate therein.
Section 25C. No person between the age of 14 years of age and 16 years of age shall operate an all terrain vehicle or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters 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 communication with the operator.
Section 25D. No owner of a snow vehicle or a recreation vehicle or other person who knowingly permits a person under 18 years of age to operate a snow vehicle or a recreation vehicle in violation of this chapter.
Section 25E. No prosecution commenced pursuant to said section 25 to 27E, inclusive shall be continued without a finding.
Section 25F. Whoever violates section 25 to 25E, inclusive, or section 26B shall be punished, for a first offense, by a fine of $250 and for a second or subsequent offense by a fine of not less than $500 nor more than $2,500 and the snow vehicle or recreation vehicle that the operator was operating at the time of such second or subsequent offense shall be subject to forfeiture under section 26J"
Contact your senators and let the opposition be heard.
http://www.mass.gov/legis/bills/senate/185/st02/st02772.htm
Section 25B under Section 13
"SECTION 13. Said chapter 90B is hereby further amended by inserting after section 25 the following 7 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. No person under 14 years of age shall operate all terrain vehicle or recreation utility vehicle.
This section shall not apply to any person under 14 years of age operating a recreation vehicle or snow vehicle in a sanctioned race, rally or organized event which is supervised by a person aged 18 or older and has been authorized or approved by any municipal permitting authority. It shall be an affirmative defense to this paragraph that such person was operating such vehicle in preparation for such a sanctioned event, if: such person was so operating such a vehicle while under direct supervision, as defined by section 25C, by a person aged 18 or older; the operation occurred within 21 days of such sanctioned event; and the operator was a registered participant therein or did in fact participate therein.
Section 25C. No person between the age of 14 years of age and 16 years of age shall operate an all terrain vehicle or recreation utility vehicle with an engine capacity greater than 90 cubic centimeters 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 communication with the operator.
Section 25D. No owner of a snow vehicle or a recreation vehicle or other person who knowingly permits a person under 18 years of age to operate a snow vehicle or a recreation vehicle in violation of this chapter.
Section 25E. No prosecution commenced pursuant to said section 25 to 27E, inclusive shall be continued without a finding.
Section 25F. Whoever violates section 25 to 25E, inclusive, or section 26B shall be punished, for a first offense, by a fine of $250 and for a second or subsequent offense by a fine of not less than $500 nor more than $2,500 and the snow vehicle or recreation vehicle that the operator was operating at the time of such second or subsequent offense shall be subject to forfeiture under section 26J"
Contact your senators and let the opposition be heard.