Off Road ATV Laws In Massachusetts Are Changing
Recently, the Massachusetts Department of Conservation and Recreation (DCR) in partnership with the Executive Office of Energy and Environmental Affairs (EOEEA) assembled an Off Highway Vehicle (OHV) Enforcement Working Group to guide the agency in recommending changes to current OHV laws, regulations and practices. The Department is sharing this information with the extensive list of individuals and organizations who have expressed an interest in the subject of OHV management to allow you to follow the progress of this committee on Massachusetts Department of Conservation and Recreation’s website and share your thoughts regarding OHV laws, regulations and management.
Background
Dramatic growth in motorized trail recreation in the last decade and the lack of legally established riding areas has resulted in widespread complaints about illegal off highway vehicle use. Off highway vehicles, also known as recreational vehicles or off road vehicles (ORV) typically include equipment such as all terrain vehicles (ATV’s) and off-highway motorcycles. Effective and sustainable management of this growing recreational activity requires three inter-related elements:
- Legal, sustainable and accessible places to ride that offer environmental protections and safe OHV use.
- Strengthened state laws, regulations, and enforcement capacity to deter illegal riding.
- Consistent information regarding safe and environmentally responsible motorized trail recreation coordinated among land managers, and state law enforcement agencies, dealers and manufacturers of motorized recreation vehicles, and the network of clubs and riders.
DCR recently developed standards for the siting of motorized trail recreation activities to guide agency decisions regarding this use on DCR lands. The Department’s Stewardship Council recognized the importance of enforcement when it directed DCR to develop an enforcement plan for OHV’s on Department property. Recognizing that OHV enforcement concerns exist throughout the Commonwealth, the OHV Enforcement Working Group is intended to advise both the agency and the Commonwealth in further actions related to OHV enforcement on both public and private lands.
Enforcement Working Group Tasks and Members The enforcement of OHV laws and regulations is a complex issue involving multiple agencies and many stakeholders. Law enforcement agencies, public and private land managers, motorized recreation enthusiasts and environmental advocates all have an interest in the outcome and play a role in the effectiveness of current or future laws and regulations.
The following agencies, organizations and interests have been invited to participate in the working group.
Executive Office Agencies
Executive Office of Energy and Environmental Affairs (EOEEA)
Office of Environmental Law Enforcement (Environmental Police)
Department of Conservation and Recreation:
Department of Fish and Game
Department of Environmental Protection
Other Law Enforcement
Massachusetts State Police
Massachusetts Police Chiefs Association
Other Land Management Entities
Mass Land Trust Coalition
The Trustees of Reservations
Massachusetts Audubon Society
Massachusetts Association of Conservation Commissions
Recreation Vehicle Interests
National Off Highway Vehicle Conservation Council
New England Trail Riders Association
Northeast ATVers
Massachusetts ATV Association
Berkshire Trails Council
Snowmobile Association of Massachusetts
Other Stakeholders
Environment Massachusetts
Consumer Product Safety Commission
DCR Stewardship Council
The Working Group plans to identify options and opportunities in four key areas:
- Assess existing laws and regulations pertaining to the use and operation of recreation vehicles and identify opportunities and strategies to enhance their effectiveness for the protection of public safety, the environment, and public and private property
- Review the current capacity of agencies charged with enforcing OHV laws and regulations and identify opportunities and financing strategies to increase the capacity of the enforcement system.
- Identify short-term opportunities and strategies to reduce unsafe and inappropriate use of OHVs that are currently available under existing laws, regulations, enforcement capacity and funding mechanisms.
- Identify opportunities to improve communication among stakeholders in order to increase safe, responsible and legal OHV use Schedule and Outcomes
The Off Highway Vehicle Enforcement Working Group is scheduled to meet four times between August 2007 and October 2007. Agency staff supporting the working group will prepare a report that captures recommendations and strategies that emerge from the process. The report shall include recommendations in each of the four key areas described above including legislative, budgetary and operational actions necessary to improve OHV safety and the protection of public and private lands from illegal OHV use.
To maximize the opportunity for timely change, the report will be due by mid November, 2007.
Your suggestions are welcome
While every individual or organization who has an interest in this topic can’t attend the working group meetings, the Department and the group are interested in your thoughts regarding OHV enforcement. You can follow the progress of the group at DCR’s website. There you will find minutes of the working group meetings and other documents related to the process.
You can share your ideas for OHV enforcement at ohv.comments@state.ma.us.
We are hopeful that this process will produce ideas for improving OHV enforcement in Massachusetts. We welcome your contributions to this exciting discussion and look forward to sharing our progress with you.
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I live in a small community in Otis, MA. We have a family who invites friends from Brooklyn to visit and they ride ATV’s well above our posted speed limit of 15mph. we have small dirt roads. They also rev tyhe engines and ride into the early morning sometimes until 1AM.
What protection do we have?
what i dont understand is,the state allows the sale of atv,s and also by the state you have to register them so the state can collect tax,yet also mass wildlife collects over 9million a year from sportsman tax etc and some of this money is to keep atv trails open??? well where are the places to ride here in mass????? only 2 places that i can think of and its western mass!!!
why can dirtbikes ride in freetown forest but yet ban atv,s from there??? to me this is racist!!!
you say atv,s do damage, have you watched dirtbikes ride much??? apparently not because they do more damage than atv,s.
oh ya i forgot, its ok for a builder to cut down trees and fill waterways in to construct a new mini mall or housing development yup thats fine because it makes money!!!
its pretty bad when only one side of a story can be heard
its sad that this state supplies no places to ride for the kids and families who enjoy he sport.
its pretty sad that the state doesnt mind collecting tax money from these atv,s but yet shy away from letting them ride in designated areas.
whats even sadder is it took 9/11 for people to realize and help one another rather than bicker and fight and be one sided.
maybe one day this world will wake up, then again to many people take things for granted, look how many already forgot about the people of 9/11, sad isnt it.
MA’s ORV policy BLOWS
ATV OPERATION ON ANY PUBLIC ROAD, PRIVATE LAND WITHOUT EXPRESS PERMISSION, OR ANY D.C.R. LAND NOT SPECIFICALLY LISTED FOR ATV USE (THERE ARE A VERY FEW) IS
PROHIBITED BY LAW
AND WILL RESULT IN FINES UP TO A MINIMUM OF $300, ARREST, REVOCATION OF LICENCE, SEIZURE OF VEHICLES, AND AS MUCH EXPENSE AS POSSIBLE FOR THOSE WHO REPEATEDLY FLAUNT THE LAW.
BELLINGHAM DIRT BIKERS TAKE NOTICE!
Ride where you want to ride and fuck the Environmental Police. Run away! But do it safe! Don’t crash. Don’t endanger yourself! They can’t catch you if you run away. Someday these fucks are going to hurt someone, and for what? Riding on trails where dirtbike and such have been riding on for decades with no detriment to the environment. I am an environmental scientist and can honestly say recreational vehicle has no detriment to the environment. My conclusions are backed up by countless studies. The reason dirtbiking and atv usage is effectively banned in Mass is because this state is comprised of a bunch of narrow minded liberal pussies, who fear and loath the people who partake in extreme sports of any kind. If they can ban us from riding than they will have no reason to feel like inadiquate pussies when they here our distant 2 strokes wine in the woods.
Environmental Police take notice! – The public lands in Mass are our lands too. We pay just as much taxes as the rest of the horse riding, mountain bike riding, granola, evian drinking pussies out there. You accomdate them you must accomodate us as well. But since you won’t, I say to you fucks; I have been riding since before many of you were born. I will ride the trails I have riden for the last 30 years for the next 30 years. I will ride on…..
@Resident: Lets see the laws try to fine and arrest me with their piggish utility quads. omg very fasst! :p
I think its pretty sad how the state collects taxes on the sale of the vehicles and from the sportsmen as mentioned in another post above and leaving little option but to ride illegally and be fined and pay again.As for Mr Resident if you kids are into baseball,football,soccer,tennis,swimming,hockey,basketball,fieldhockey,golf,band,art,chess,I know i forgot plenty in between they have a place to do it.Now if your kid is into atv’s,offroading,or drag racing (ohh my god not that noisy dangerous craziness that just cant be allowed because we know street racing is so much safer)or just having some motorized fun out in the woods or on a track its frowned upon. But if Mr Richguy want’s to put on some funny pants and show Jr. how to hit some balls than sit at the bar afterwards and have a few cold ones then drive home we shouldnt have a problem with that. I honestly believe it’s a one sided coin they call the shots we have to abide as long as they or their children have what they want it’s ok.I understand about the impact on the enviroment but how much enviroment has to be cleared for a country club,soccer field,football field so on and so forth but thats ok because it gives the kids activities kepps them off the streets and out of trouble right. Well let me say this NOT ALL KIDS WANT TO PLAY SPORTS. They want to experience motorsports and all that goes with it my daughter and I have had tons of fun on atv’s unfortunatly we have to look over our shoulder from time to time to make were not getting chased down she also drag races but she keeps that activity for the track which is a two hour drive to New Hampshire. If she wanted to golf though theres a country club right in town how convenient. I guess all I am trying to say is it’s very frustrating to teach your children how to do things the right way when its illeagal to just have fun! Thanks for listening.
This issue could not have been handled any worse. I am an avid atv- er, and my boys 10 and 12 ride dirt bikes. There are some excellent portions of the law but the age restrictions defeat any good and change the complexity of the the law and its impact. Most families in the sport are fully aware of the dangers and mitigate them by being involved, supervising, participating, and gearing up properly. It is the rare incident when a child gets on a machine that is improperly sized without riding gear, supervision, or parental consent and crashes it, resulting in injury or death. These are anomily incidets, void of any law. The newly created law and its age restrictions will dramaticaly increase injury and death in the commonwealth. The restrictions will force the unsupervised kids to flee from police knowing the penalties, resulting in numerous crashes that could have been detered if the law was written with safety in mind instead of public political attention. Legislation could have passed some immediate areas to ride, corrected the existing land owner liabilty law with provisions to reject being sued civily. Instantly creating a method to create a private land owner interconnected trail system. unfortunatly the new law penalizes responsible families, closes businesses, increases trespassing fines, loss of sales taxes, increases unemployment, and most of all interferes with the parenting of children. This could have been handled so differenty, but our grandstanding legislator seeking public attention passed a law that will actually increase the icident they are trying to prevent. Great job!
exactly- stricter laws = more people running
not- stricter laws = less people riding
The amazing thing is no one makes a place for me to do something.I don’t expect it. Does someone make a place for me to do this or that?
NOPE. Do I invest in a jet plane and then complain there;s’s no place for me to blast the engine? Nope.
There are areas designated for riding that allows riders to use their machines. Just because I think I’d be able to do a wicked skateboard grind on the steps of the Statehouse, doesn’t mean I should expect to do that either. No one makes anyone plunk down hard earned greenbacks for an ATV. Its a choice to buy and RESEARCH BEFORE YOU BUY. The laws have been in existence as have the allowable locations. So quit gripping. My son has an ATV and he rides it where its allowed. Otherwise he keeps off private property. I don’t park or drive my car across my neighbors lawn. What makes some people think they have a right to illegally trespass? What next?- liberties with the house and garden?
Get a grip and get real. Ride in authorized zones in areas where its allowed. Quit cry-baby-balling like a bunch of silly kids.
Organize rides and use what’s offered. Saying that you’ll be forced to ride illegally is dumb. If you’re “forced” to ride illegally on someone’s property-they’re forced to whack you off the machine with a bat.
first of all if someone hits me with a bat im sueing their retarted ass.
second of all, clearly you have never been to these “designated riding areas” because its all rocks now, the dirt was worn away.
-its called a dirtbike not a rockbike.
Chas nobody is balling or expecting special treatment just stating some FACTS, first off if your riding on private property without permission and you get caught, I believe the owner of the property should have the right to keep your atv just for the fact of putting him at risk of being sued if you hurt youself or get whacked by a bat on HIS property! Second please let me know how many places you can find to ride your atv legally im willing to bet it’s less than 5 and nowhere nearby. Also riding illegally does not mean simply riding on private property what I am talking about is where you can legally ride dirt bikes but not atv’s even if they are registered! Just for the record if your standing there waiting to whack someone off an atv with a bat your an idiot because you stand a good chance of getting your ass run over, which is much more effective than a bat! lol. Not trying to start a riot just stating another FACT!
Tom and Chas
The nonsence diatribe is futile. I have spent alot of time reasearching the issue of OHV use in the state of MA and across the nation. The unfortunate side is both of you bring to the table a complete set of frustations that will only get worse over the next few months. Massachusetts has enacted a very strict OHV policy that will deter a few riders and purchases of these vehicles. Additionally the state used the public emotions to pass this legislation, without letting on they are actually doing federally mandated work, work they would have to do anyways. The federal goverement (Homeland Security) is working with each state to curb the sale, and use of these vehicles. In addition they are working with each major utility working on restricting acess to the utility cooridors, espically within 50 miles of a major city. Over the next few months you will see many.many barricades and video survallence devices on the utillity coordors. (Chas) Most riders in this over regulated state just do not have many places at all to go, but most seek use permission from the land owner, and in my experience few even care your on their property. (Tom) As stated above next few months are going to be even more difficult for the MA rider, but over the next year or so the lack of places for ridrs and the ever present tresspassing issue will force the state even against public opinion to create many more places to ride. There are simply to many machines, too many families involved, and too much revenue loss from the industry to sustain this moronic behavior. I predict many places will be avaliable to us very shortly, against the will of the ATV/ OHV activity slayer.
On anothe Note, this is how lopsided the new ATV law is. Do you realize it is perfectly leagal for a child / citizen in Massachusetts to posesses an ounce of dope, smoke it in public, and most likley not even get a fine. But put a kid (14 or under) on an OHV and the fine structure based on the situation could be in the thousands. Now how messed up is that. The kid on the ohv is the kid that normally dosent fit in with the jocks or the pot heads, and is riding his ohv because that is what he likes to do and it allows him to avoid the peer pressure. We are paying big bucks for our legislators to make such intelligent decisions. i am sure there are better more informed methods than what is be played out at the moment. Also the law states 14 – 16 yr old is limited to a 90 cc machine. At 15 and 9 months you can get your license, and ride any size machine on the street. but only a 90 cc off the street. Lets give a big hand to our lawmakers.
Let’s look at it this way….
If I live in a given town across the street from a large private lake, and, I go plop down a wad and purchase a boat with a Chevy 305 I/O,–register it and the trailer- and, drive my trailer across a neighbor’s property to launch it on said private lake– fully knowing its a private lake-but I do it anyway–am I right?
Am I having my rights violated because they won’t allow me easy access within my preferred area?
Just as you;
• I’ve registered the boat- AND TRAILER-AND EVEN BOUGHT A COUPLA Fishing licenses-so the State gets my money as well.
• I’m trespassing no differently than OHVs do
• I probably leave less of a trail impression –since I park the trailer
• My kids taken the boating class and is trained on operations
• Since the lake association landowners and state say the lake is private, if my kid flees from the police when the landowner calls the cops– is it the state’s fault? Landowners? (re:The restrictions will force the unsupervised kids to flee from police knowing the penalties, resulting in numerous crashes that could have been detered if the law was written with safety in mind instead of public political attention)
• Like you-there are areas where the State and towns indicate I could launch my boat-but they’re not convenient, like the private adjacent lake- so I’m forced to drive across the neighbors yard!
• Should I demand my State Access Board give me a ramp on the lake?
• Should I take it to Quabbin or Wachusett reservoirs and demand access?
• Is my town and State “leaving little option but to BOAT illegally and be fined and pay again” as OHVs are? MY town is so dumb with all the lakes and no access for me!!
• LIKE you–”The state allows the sale of boats and also by the state you have to register them so the state can collect tax,yet also mass wildlife collects over 9million a year from sportsman tax etc and some of this money is to keep CANOE AND BOAT RAMPS open
• My family would go with me and we’d all have a blast
•Re: “NOT ALL KIDS WANT TO PLAY SPORTS. They want to experience BOATING and all that goes with it my daughter and I have had tons of fun on boats unfortunately we have to look over our shoulder from time to time to make were not getting chased down. If she wanted to kayaking though theres a pond right in town how convenient.”
So– why can’t I take my family and the boat and drive my trailer over the neighbor’s front yard lawn across the street, around the bird bath and under the clothes lines and get access to the lake?
Stupid Fourth Amendment– What a dumb law.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,….”
Imagine that!
i live on cape cod
when i registered my dirtbike, the man waited until he took my money then looked me in the face and said “their is no place to ride legally on cape cod”
nobody else sees a problem with this??
Chaz you are a “F”ing moron my friend
Tom—Name calling is a cop out. Focus on the issue. If you’re looking for respect-then present a cogent argument. Show me where anything I’ve listed is different from the property rights and arguments we’ve heard and seen in OHV debates, and comments listed on this forum. Every issue mentioned has been tied in. How many of you would tolerate or expect anyone to tolerate a boating enthusiast behaving like what’s been described? Where is the difference?
Marky G- Sorry. But–knowledge is power.
When I got my boat– it was legal for the engine size I have to be used at numerous boat access ramp locations. The guy I bought it from used to live right up the street from the ramp. But then the State reduced the horsepower ratings to 20HP without so much as a single public meeting. Instantly I lost access to well over 1/2 the places I used to use. Its MY responsibility to know where I can have access.
i lived in wester ma for 26 years and rode ware ever i wanted for years i;m with the guy talking about fine me if you can keep up but for real ma sucks so glade i’m not there any more now i ride atv on the street and yes its legal
So we pay registration fees and sales tax for what? ATV riders are getting screwed over by the State/DCR. AND you need to have a little piece of paper saying you can ride your ATV on land of another? Are Farmers required to wear a helmet and get written permission to ride an ATV on leased farm land? Massachusetts has ruined ATV riding and Hunting is next.
basically, i ride from my house and i can go for miles and miles. the only catch is i have to get across the train tracks. strangely enough i found a private road that cuts across right where i need to go but of course some crazy bitch calls the cops on me everytime i cut through for 5 seconds and i finally got caught. i was put in handcuffs and in the back of the cruiser. luckily, they let me know because i mentioned a cop i know, but i still got my bike towed for $130 and a $100 ticket. the thing that pisses me off most about this cunt is that she was complaining about the noise when she has a train that goes by every hour, less than 100ft from her house and i go by for two seconds and shes freaking out. the cop who stopped me said that the lady called the cops, the EP, the town hall, her insurance, and the town selectmen. it was unclear to me that i was some sort of criminal.
I have raced all my life, and im sorry but im not attaching a light to my bike. how about the state gives us actual places to ride? oh wait it will never happen.
Now, because my bike sticks out so much(Yamaha with yellow backrounds), anyone who rides a blue bike and races the B class and gets spotted, the cops are coming after me.
its kind of rediculous how people go so far out of the way to stop people from riding. i mean what harm was i doing honestly. i cut through and im gone, long gone.
im sorry but anyone who is for these new laws needs to take the dick out of their ass and become a more open minded person honestly. lawnmowers arent a problem, neither are chainsaws, or leaf blowers. why should dirtbikes be?
To Everone, Its one thing to be on here and complain and another to combine our voice and do something. The state is fucking us because no one actually trys to do anything. I live in upper western mass and have seveal times tried to get people together to petition the state. so far they all are willing to say they will help but have never come through to meet or help
I agree, I have and am still tryting to get a handle on why the Off Highway Vehicle Owners in the state have not banned together and fight this unfair legislation. I reated a group called the Massachusetts Off Highway Vehicle Ownwers Group (MOHVOG on facebook). It is yet another attempt to get people/familes together to fight these changes. My research has discovered that more than 200,000 thousand Off Highway Vehicles have been purchased in Massachusets. If even 15 percent of us get together we can fight this. Gear up, Ride On.
The reason these laws are in place now are the same reason smoking is banned in public places. Users of both do not always respect those who do not. For some reason, some ATV riders (“I got burnt” and Bill Stella for example) feel that they have the priviledged right to break laws, then call property owners condescending names for preserving their rights. They go on private property even after they were told not to, that just makes the hobby look bad for everyone who does obey the laws. They rev engines beyond the decibel limits. Ruin wetlands because they do not give a crap about the environment. As someone mentioned that the “designated area is all rocks now”, well there is perfect evidence straight from the rider’s mouth that they erode dirt and ruin trails. The fumes from the engines annoy neighbors, I could go on. Oh and I love the people who buy a huge machine to ride on their cute little 1/4 acre lot, where all they do is go around and around and around their house all day. Here’s the solution. Want to properly enjoy an ATV or ORV? Invest in buying a piece of land that can handle it, located in a place where it makes sense, not in a subdivision! And maybe try to respect the rights of non-using people and the environment. Like I said, if people respected everyone, laws would not be necessary.
^ The reason there down to rocks is there the ONLY LEGAL TRAILS!!!!
This state cannot provide legal riding areas because there are too many politicians padding their pocket or corruption. Hmmm, PA Landers robbed the state yet still works for it, who got that payoff??
How do you ruin a wetland? It’s WET! It will stay WET! That flower or frog that get run over will be back the next year.
Cars don’t wear out roads or bridges? Never hit a squirrel or bird? People who hike don’t leave trash or light illegal fires?? The Lexus/BMW and Audi vehicles don’t get abused on the roads or pollute the environment either do they?? Maybe we should all walk to work in full protection gear??
I pay 4K a year for 2 acres and yes, I have a track in my backyard. But, I do get bored with it and hit the power lines and RR tracks. I am registered and thats the best I can do to be legal. I’d love 20 acres but 40K would be a bit much in taxes for me. Every year more and more homes took the place of family fun sand pits; There isn’t much left. Now the laws take the rest.
Ever wonder what kids do now? Text on the cell phone, stay on the computer all day posting pictures of themselves and there antics. No one rides bicycles, ATVs and dirtbikes are getting pushed away further and further. No, they aren’t the only activity a child can enjoy but it’s just one more down the drain; And heaven forbid they skateboard!!
Mass is filled with snobby liberals who whine and cry till they get there way. And thats why we’ll always have people cranking down the road 6th gear pinned on a dirtbike or ATV; In fear of getting caught. If a curbside 10mph limit were in place in order to reach a trail there would be less of that.
Someone will be killed someday by an adrenaline filled cop or EP; And I bet they won’t lose a wink sleeping.
I only stay in this state for my family; I look forward to the day I leave it……
If you want to show your support for riding in this state, and your disapproval of the new Mass laws you should attend the public hearing regarding the new laws.
Date: Thursday, May 12, 2011
Time: 5:30pm – 8:30pm
Place: Shrewsbury High School, 64 Holden Street, Shrewsbury, MA 01545
I will be there with my son along with (I hope) lot’s of other concerned riders and their families who are trying to make a difference by showing up in large numbers to let the law makers know we’re NOT happy and we ARE paying attention. The more people that show up the better the chances they listen. If the laws aren’t modified then kids under 14 can’t ride quads, period. Kids under 10 can’t ride dirt bikes, period. And kids between 14 and 16 can only ride quads up to 90cc’s… ridiculous. My son has been riding and competing on dirt bikes since he was 5 and loves it. The government does not know our kids and does not know our sport… we do. I hope those of you that support responsible parenting and riding will show up and be counted. If not, please don’t complain too loudly if they get their way.
Look I been riding racing machines for 19yrs.You can only ride legally in 2 places in Ma. As far as I now them 2 places are out west (sucks) I Never been their. Look same bullshit with street quads like the gg-quad not street legal yet in Ma, some bullshit about four wheels and seat belt. So companies cam out with 3wheel machine like the ca-am spider. EPA needs to get there heads out of their ass’s and stop waisting are tax payers money. Legalizes them and create revenue, stop wasting money its bullshit……ect
We are perplexed completely this whole regarded this subject scares me i want to get my pea brain around it before I proceed once you discover what i’m saying.