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ATTN: MA ORV Changes

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ATTN: MA ORV Changes

Postby Scott Hatch » Wed May 18, 2011 2:22 pm

From a discussion on NEOW:
http://forum.neow.net/index.php?showtop ... try1511495

http://www.mass.gov/dcr/recreate/orv.htm

http://www.mass.gov/dfwele/dle/elereg.htm

Thanks to Rawlus for gathering the links...looks like the MA EPOs aren't up to speed yet
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Re: ATTN: MA ORV Changes

Postby dollafab » Wed May 18, 2011 2:42 pm

I forgot you weren't at the meeting. Bob Swinski brought this up.

A counter comment was "is MA going to provide land to recreate on"......
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Re: ATTN: MA ORV Changes

Postby Scott Hatch » Wed May 18, 2011 2:49 pm

:lol: No, they aren't.....but per MA law you have to have an ORV registration when off a public way when using a "Jeep, truck, SUV" for recreation unless its YOUR property. One more way for MA EPOs to control or drive out recreation from MA.

sucks if you're in MA....but if you're from out of state its REALLY going to bring the suck....I tried to register my ATV within MA and they wanted me to pay MA Excise Tax on an ATV that was purchased in NH and I was a NH resident. I went through this item with Paul but they wouldn't budge.

Surprised there hasn't been any mention of this here.....
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Re: ATTN: MA ORV Changes

Postby Rafikie » Wed May 18, 2011 3:31 pm

Rumor had it there was a cut off date for snowmobiles now. If built prior to 93? you could no longer register and ride them in MA because of exhaust emissions or something like. Also if you buy a sled in MA and got to pay our tax on it like a good doobie, but the previous owner never did and they live in MA the RMV of atv/snowmobiles what have you won't give you a registration until it is paid. MA is basically telling all us motorized vehicle fans to get the hell out.
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Re: ATTN: MA ORV Changes

Postby mrfreakinwhite » Wed May 18, 2011 5:21 pm

This is one step worse than the 2009 law that requires, "Expressed permission of land owner," and allows police to prosecute motor vehicle trespass independent of the land owners wishes if the driver does not possess and carry that permission.

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Re: ATTN: MA ORV Changes

Postby Scott Hatch » Wed May 18, 2011 5:55 pm

Once the EPOs handle the logistics on the enforcement/registration side, it will only be a matter of time before they are sitting at places like MaBell with their ticket book in hand :mad2:

Going to be a lot of wheelers going across the border
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Re: ATTN: MA ORV Changes

Postby Ryan » Wed May 18, 2011 6:11 pm

This new law could work for us instead of against us. I personally am not going to get a sticker for my Jeep. When and if i get ticketed, I would hope some off road recreational organization would assist in my defense under the basis of, "What value am I getting for my money" There is already a precedence on this. The State of Indiana had a similar program that was challenged. The had to open property in order to justify the fees collected. The name of the property is RedBird SRA.

Just my .02
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Re: ATTN: MA ORV Changes

Postby Scott Hatch » Wed May 18, 2011 8:11 pm

I hate to be the negative nancy but this IS The Communistwealth of Massachusetts we are talking about here.....
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Re: ATTN: MA ORV Changes

Postby Rafikie » Wed May 18, 2011 9:21 pm

I heard there was a fun tax coming soon too
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Re: ATTN: MA ORV Changes

Postby navman » Wed May 18, 2011 9:52 pm

Before you get too excited, This is the title of the section that lists anything about a jeep

Recreation Vehicle Safety Laws and Regulations as they pertain to Massachusetts Forests and Parks

here is the link to that page http://www.mass.gov/...ecreate/orv.htm

The following paragraph lists us (over 1000) as prohibited from such areas

Off-Road Vehicle (ORV) Defined

Also known as Off Highway Vehicle (OHV), ORV’s are any motor vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way and all legally registered motor vehicles when used off a way. Vehicles over 1000 lbs. such as pickup trucks or SUVs are prohibited from all trails at all times.
Because of this none of the following info pertains to us even though it does mention the word "jeeps" which can make it very confusing.

I just read through the entire chapter 90b and there is nothing in there that says we have to register as an ohv. However, it does say this in section 20 (definitions) of chapter 90b
"Recreation 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 ninety, and all legally registered motor vehicles when used off a way, as defined under chapter ninety; provided, however, that for the purpose of vehicles used for agriculture, forestry, lumbering or construction shall be excluded from this definition when used for such purpose, provided, further, that in any complaint brought under this chapter the burden shall be upon the defendant to prove of such use. Any motor vehicle legally registered under chapter ninety will not be subject to registration under this chapter but registration numbers shall be displayed as required by said chapter ninety.
I do believe we are all set with a standard motor vehicle registration.

Here is a link to the mass gen laws chapter 90b http://www.malegisla...eXIV/Chapter90B
You can hit the prev button for chapter 90
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Re: ATTN: MA ORV Changes

Postby Liza » Wed May 18, 2011 9:59 pm

From here: http://www.mass.gov/dcr/recreate/orv.htm

All ORVs must be currently registered in Massachusetts under MGL c. 90B. New Massachusetts Recreation Vehicle Laws require the display of registration on the left and right side of the vehicle. Additionally, motor vehicles registered under chapter 90 must now also register as a recreation vehicle under chapter 90B (on/off road motorcycles, Jeeps, etc.) when used for recreation or pleasure once they leave a public way as defined in chapter 90. Out of state recreation vehicle registrations are not valid in Massachusetts."
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Re: ATTN: MA ORV Changes

Postby navman » Wed May 18, 2011 10:05 pm

That is listed specifically under the main title of
Recreation Vehicle Safety Laws and Regulations as they pertain to Massachusetts Forests and Parks
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Re: ATTN: MA ORV Changes

Postby Scott Hatch » Wed May 18, 2011 10:58 pm

Here are MGL changes that pertain to all ORV use. These laws are not exclusive to DCR properties

http://www.malegislature.gov/Laws/Sessi ... Chapter202

SECTION 6. Said section 20 of said chapter 90B, as so appearing, is hereby further amended by striking out the definition of “Recreation vehicle” and inserting in place thereof the following 2 definitions:-

“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.

“Recreation vehicle” or “off-highway vehicle”, any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure while not being operated on a public way as defined in chapter 90 including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes, recreation utility vehicles and all registered motor vehicles while not being operated on a public way as defined in said chapter 90; provided, however, that recreation vehicles and off-highway vehicles operated exclusively for agricultural, forestry, 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 purposes at the time of an alleged violation of this chapter.

And here is the changes that will effect us

SECTION 8. Section 22 of said chapter 90B, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-

No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has been registered in accordance with this chapter and a registration number assigned by the director is displayed on the vehicle. The registration number shall be painted or by means of a decal or sticker which is firmly attached to both sides of the cowling of the vehicle and located so that both are clearly visible and not obstructed. The registration number displayed shall be not less than 3 inches in height and not less than one-half inch in width and shall be in a color that is in marked and distinct contrast to the background to which the number is applied. The registration number shall be maintained in a legible condition at all times. A motor vehicle license or learner’s permit shall not be required for the operation of a snow vehicle or a recreation 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 the vehicle. No person shall knowingly make a false statement in an application for registration of a snow vehicle or recreation vehicle
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Re: ATTN: MA ORV Changes

Postby navman » Wed May 18, 2011 11:47 pm

I just started a thread over in mass land use on this, should the rest of this be moved over there?
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